When a loved one dies, their assets, directed by the will, are not immediately given out and their debts paid off. Rather, there is a time-consuming and sometimes costly process called probate. This process is used when the decedent did not leave behind a trust. Probate is the process of officially proving the validity of a will in court. During probate, the decedent’s debts must be paid off, as well as any taxes that they still owe. When a will is admitted to probate and the will is put into effect, only then can gifts be made to beneficiaries and the will executed. Usually, probate is a fairly straightforward and simple process.
There are circumstances where family members are able to dispute the validity of the will. They can even object to a family’s state of mind. These disputes need to be handled in a professional fashion by an experienced attorney. This is to avoid costly delays and family feuds cut short. Aubrey Law’s Orlando probate administration attorneys steer clear of problems, resolve disputes, and carry out their duties as executors of the will.
Frequently, probate eats up between three and eight percent of the total assets left behind in the will. This excludes taxes. An experienced attorney will exceedingly help reduce the costs of probate and resolve conflicts between family members, the executor and of the will and beneficiaries. During probate, a personal representative is selected. They are tasked with giving notice to creditors, paying off debts, resolving disputes against the estate, marshaling the assets of the estate, paying taxes, selling the property to pay off taxes or debts, and distributing property to beneficiaries. The personal representative has many responsibilities. Legal assistance will be needed.
If you are a personal representative, you should enlist the help of a professional attorney. It’s a better alternative than handling all the probate issues alone. It’s also more financially wise than handling it alone. A lawyer will also be able to save you money in many circumstances.
Unfortunately, conflicts can occur during probate. One beneficiary could they are left out. They might argue that are not represented. They may believe that the personal representative violated their fiduciary duty, etc. This is when mediation is the best solution. Other times, mediation will not work if the dispute stems from a long-standing family feud. It’s important to have an attorney who knows how to effectively solve disputes in a timely, economical, and mutually beneficial manner.
A personal representative should not take on probate alone. They will need the help of an attorney. We encourage you to set up a consultation with one of our lawyers today at Aubrey Law.