Skilled Probate Lawyer Serving Milton, FL
Even in a small town like Milton, located in Pensacola, FL, individuals, and families deal with loved ones passing away and leaving their assets and property to the beneficiaries who are entrusted to handle and distribute them according to the will, if there is one. To validate a will and distribute the property left to those still alive through court-supervision is called probate. Our Milton probate lawyer steps in to help with filing court documents, distributing assets, providing the correct communication with courts, and more.
With or without a Will, Assets get Distributed
When the original will, with signatures, is presented to the Clerk of Court and death certificates are obtained, a petition is then filed with the court to open the probate proceedings. On many wills, there is a “self-proving affidavit” to authenticate the signatures. From here, creditors will be notified and legal notices can be published. There is usually a 90 day tolling period in which any unknown creditors can receive notification of the estate but Florida does provide exemptions from unsecured creditors like credit cards and medical debt. Don’t forget to ask for these documents or they may not be given to you.
Once the claims and expenses are paid, a personal representative turns to the beneficiaries or other interested parties to discuss the estate assets. The next step would then be issuing an order directing the transfer of the probates estate to the recipients. The appointed person is then free from the responsibility on the estate and hopefully, those who wanted items or funds from the estate received them.
How Can an Attorney Be Useful in The Probate Process?
- Minimizing family conflict: When one family member doesn’t agree with the terms stated in the will, conflict can arise. With a probate attorney, the tension can be reduced and the probate process can proceed smoothly.
- Answering hard probate questions: As the executor on the estate, some things can be confusing and you’ll find yourself needing help from a legal professional. Our probate lawyers can help ensure that you understand the whole process and what to expect.
- Debts being properly paid: Debt settlement can be a struggle especially if one is being too cautious therefore causing delays in the process. This makes sense being that creditors can come in with unsettled debts. Because there are specific deadlines, an attorney is needed to help you meet those deadlines.
- Protect against legal claims: Though it may not seem like a common thing, claims against estates happen quite frequently. To prevent those who want to take advantage of the death of an estate. When you hire a Milton probate lawyer, the protection is automatically there to direct the wishes of the will as they are supposed to be granted.
- Drafting a will: To be sure the will is fulfilling the needs the beneficiary wants, an attorney will make sure it is done professionally and prevent it from being declined in court.
- Relieving Stress: Having a loved one pass comes with so much emotion and most become overwhelmed with the many obligations that come with the passing. When the probate process can be complicated and drawn-out, one can become overwhelmed, but it inevitably has to be handled by someone. The good news is you are not alone and because necessary debts and assets must be settled, our lawyers will deal with the complexities while you handle the other demanding responsibilities of death.
A Milton probate Lawyer is on your side!
Every situation is unique and demands certain attention in many different ways. Let our attorneys at Moorhead Real Estate Law Group be here for you. We will assist you with your estate and answer all your questions, big or small. Contact our office today to speak to a representative who is ready to help.