Florida Probate Law
The state of the Florida does not necessary require you to hire a probate lawyer for the legal proceedings of the decedent’s property distribution. Probating a will is a task that requires a huge amount of paperwork or administrative litigation which is best left for a lawyer or an attorney to handle. The dual task of validating and executing a will, is quite complex in terms of legalities and might not be feasible for a layman to deal with. It is therefore advised that you hire a probate lawyer for handling the legal proceeding of a probate will.
Proving the validity of a will
In most states, the will filed with an affidavit notarized by the witnesses, is termed as ‘self proving’ and does not require a lot of legal guidance from a lawyer. However in some cases, the adequacy of the will may be questionable as per the state laws. The state laws along with the Uniform Probate Code, specifies the baseline criteria for the framework and content of the probate will. They also lay down the guidelines for adequacy of the witnesses provided for the will. The law also specifies that a more recent will would always be considered over its older version. If the beneficiary encounters any such disputes regarding the validity of the probate will, it is advisable for him to take up the case with a probate lawyer.
Complex family or financial situations
In some cases there are considerable family disputes with reference to the will of a decedent that may lead to expensive lawsuits and court battles. It is always tactical to hire a probate lawyer to deal with such disagreements and prevent any legal wars in the family. There might be some other complex situations in the family too, that might require you to take the help of a lawyer. Some of the family complexities might be a second marriage, a disabled family member, minor children, a recent divorce, or a spouse’s demise. There might also be financial situations that might require you to hire a lawyer for example, a taxable estate or property in more than one state. Given such circumstances, it is always judicious to acquire legal guidance from a probate lawyer who would know the legalities in and out.
Administration of the will
The most important part of a probate will is its adequate execution and property allocation as per the instructions laid down in it. In some cases, if the property left by the deceased is nominal or held in joint tenancy with the beneficiary, the will can be executed without probate. However, there might be cases where the estate is extensive and extremely complicated in legal terms. For example, the property might be a combination of commercial real estate or a running business. In such cases, it is always helpful to take legal aid from the experts.
It is not mandatory for you to hire probate lawyers for your will proceedings. However, to avoid any future hassles or disputes, you are advised to take legal consultation for dealing with the complexities of the litigation involved.
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