Every death that occurs in Florida will result in a probate case. This is the sole process that the law uses to determine the property rights of a decedent’s nominated heirs and family members.
Because probate is so vital to individuals’ property rights, many important legal questions can arise during this process, such as the initiation of probate, the legality of a will, and an evaluation of the actions of an executor of an estate. If you have questions about probate as a whole or need to stand up for your legal rights, a Plantation probate lawyer may be able to help. A tenacious attorney like Marc Brown, P.A. can work to address your concerns and take the appropriate legal action in court to defend your rights.
Key Legal Questions That Can Arise During Probate
Probate addresses several key legal questions that are central to the wishes of a decedent and the property rights of heirs. The first major step that probate courts will take is to evaluate the authenticity of a will. Any interested party can initiate legal proceedings to contest a will. According to Florida Statute § 732.5165, people filing these motions can allege that a will is the product of undue influence, duress, fraud, or mistake. If a court invalidates a will, it may need to use the state’s laws of intestacy to determine the property rights of heirs. A Plantation probate attorney is prepared to take the lead when questions arise about the authenticity of a decedent’s will.
The other major topic that often arises during probate concerns the actions of executors of wills. These people and organizations have the sole legal authority to take temporary control of estate property and distribute it to the proper heirs and creditors. However, Florida state law states that these people are fiduciaries towards the estate and must always act in good faith. An experienced legal professional can provide essential guidance to executors of estates to help them comply with these rules. They are also prepared to take the lead in seeking legal remedies in situations where an executor has acted in bad faith.
Assisting People through the Process of Starting Probate
While probate is always essential, it is never automatic. Courts will only initiate probate upon receipt of a proper petition that a qualified person submits to the court. Forming and submitting these applications is another way in which a Plantation probate attorney might be able to help.
The state’s laws about who can submit a petition for probate are lax. According to FL Stat. § 733.202, any person who has an interest in the estate and is able to collect the necessary information for this document can file the application with the court. However, it is important to note that this must occur no more than ten days after a person’s death.
When we consider the information that is needed to file these applications, this time limit may be very short. The application must include the original version of the decedent’s will. It must also include lists of the decedent’s known property, their possible creditors, and all known heirs and relatives who might stand to inherit assets. Parties with concerns about this process should reach out to a skilled lawyer, such as Marc Brown, P.A., for help.
Reach Out to a Plantation Probate Attorney Today
It is understandable to have many questions about the probate process. These might include the role that an administrator of an estate plays, when a court will consider a will to be valid, and how to initiate proceedings in a local court.
A Plantation probate lawyer is prepared to address these concerns and recommend concrete steps moving forward. This may include filing official challenges to the authenticity of a will or assisting you in initiating probate after the death of a loved one. The time to start probate after a death is short—speaking with an attorney now gives you the best chance of meeting any deadlines and submitting an application successfully. Call now to get started.