Why Is a Probate Attorney Necessary?

Death is an unavoidable tragedy of our everyday lives.  It can leave behind a wake of turmoil and uncertainty. Death can be especially challenging for family members survived by the deceased. Along with the heavy emotional stress, many families are taxed with the burdens of distributing the assets without a clear designation for the wishes of the departed. Even for those whose relative had the foresight to draft a proper will, probate can become an immensely complex process. The person charged with overseeing the will must appoint an executor capable of handling the distribution of said assets and much more.

The moment a relative dies the probate process begins. This includes many challenging steps. This includes validation of beneficiaries, determination of the remaining assets, dispute settlement, and transfer of the assets to their respective heirs. If you have been chosen as the executor of a relative’s will, it is especially wise to seek the aid of a probate attorney.

Probate cases have specific legal ramifications which require special attention. One must not only be prepared for various court procedures while executing the distribution of a will but must also be aware of state-specific laws governing the probate process. Hiring a probate lawyer can absolve you of the headache of educating yourself on the process and executing the appropriate tasks accurately. Legal procedures often involve complex paperwork which needs drafting and continued maintenance. A properly trained lawyer or attorney can bring a sense of ease to issues by highlighting the intricacies distinct to your probate case.  In Florida, if you are not the only beneficiary of the Will, a probate attorney is required by law.

Probate Attorneys may cover a wide range of duties such as:

1. Notifying all beneficiaries designated in the will.
2. Notifying the legal heirs of the will in the event that there is no proper will.
3. Ensuring that all the debts and taxes of the deceased are covered.
4. Reducing estate taxes and making sure that the property is assigned correctly to its beneficiaries.
5. Helping the executor of the will in carrying out legal responsibilities.

Hiring a Probate Lawyer

Hiring a probate lawyer will unburden you and your family, allowing for a much smoother process.  Nevertheless, one must be cautious when choosing an attorney for their case.

First, certify that your probate lawyer is experienced and knowledgeable in probate law and practice. As we have stated, the death of a loved one can be a  trying and emotionally stressful time. However, hiring an uninformed and unpracticed attorney can multiply current and future stress. A quality attorney should provide the opposite experience.  

Second, a quality probate attorney or lawyer should also be a pleasure to work with. Avoid doing yourself the disservice of employing an attorney who appears dishonest, greedy, or self-serving, and you will have avoided another major headache.

Lastly, make sure the pricing is appropriate for the services offered. An attorney offering too low of a cost may be compensating for inexperience or quality of service. Likewise, an attorney asking too much for their services may be more of a businessman than a helpful servant.

In conclusion, the hiring of a probate attorney can ease the transitionary period after the passing of a loved one. If you have been named Personal Representative, Administrator, Executor, Conservator, or Trustee, you should seek the advice of an experienced probate attorney for assistance. Many persons who are given these responsibilities have never been through this process before and would greatly benefit from the alleviated stress of probating a will.

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We truly hope that you will consider Bullard & Mulkey, P.A. for your Probate Attorney needs. Bullard & Mulkey, P.A. have faithfully served the Ocala Florida and would love to assist you in your times of need. We are a two-attorney firm with a single office in Ocala, Florida. In addition to Probate Law, our office offers the following services: Elder Law, Estate Planning, Business Law, Real Estate and Guardianship.