Probate and Trust AdministrationProbate and Trust Administration is the legal process when someone passes away and assets need to be distributed to the beneficiaries.
Probate and Trust Administration Attorney
The passing of a loved one is a devastating experience. The emotional turmoil can be overwhelming for many families. In addition, the subject of a loved one passing away is something that most families avoid until it happens. This can leave families unprepared in terms of what to do when handling the estate of the person who passed away. This is where an experienced probate and estate attorney can be most valuable.
What is Probate?
This is a legal process that occurs after someone passes away. The state will have specific laws that are set in motion once the death has happened. Probate generally involves the following.
Assets are distributed to the heirs of the estate
All outstanding taxes and debt are paid to the state
The probate process itself is simple enough. However, there are many issues that may bring complications. For example, if the deceased left a will that provides instructions on what to do, then probate may only last a short time. But there may be issues that must be faced before the probate process is completed.
Lack of a will
Validity of the will is challenged
Claims made by creditors
Rights of the surviving spouse
It’s also true that the legal system set up by the state may complicate matters as well. This is especially true if there are individuals who may benefit from the estate but have not been included in the will or if there is no will. The probate process may take months or longer if disputes arise.
What to Do?
The best course of action is to eliminate the confusion and possible conflicts before they occur. It is far easier to resolve issue before they are forced upon the courts.
It is why anyone who has an estate which may be distributed to family members needs to create a will. A will provides for the wishes of the deceased, but more importantly offers guidance for the probate to follow which reduces or eliminated possible conflict.
A will which is properly drawn up and follows the laws of the state is the most desirable outcome. Agreement of family members in advance of what to do in case of probate will also reduce potential conflicts. While it may not be possible to resolve all issues, at least it will provide some guidance to the actions which need to be taken.
Understanding the Process
Probate is a procedure set by the state which lays out what happens when someone passes away and their estate needs to be processed. While you do not need to know all the details, it helps considerably to understand what probate is all about.
It’s important to take a few moments with your family, especially if you have loved ones who have entered their golden years, to discuss what to do if the worst should happen. Getting advice from an experienced probate and estate attorney brings peace of mind for families who now know what will happen and what to do during their time of grief.
John A Tallarido P.A. is licensed to practice law in the state of Florida and has clients throughout the state. Mr Tallarido regularly hosts seminars on Probate and Estate in Orlando, West Palm Beach, Port St Lucie, Vero Beach, Fort Pierce, and Stuart FL. If you are located in Orange county, Palm Beach County, Indian River County, Martin County, Okeechobee County, or St Lucie County and need assistance with long term planning or estate planning, please contact our office to schedule a consultation.