subject: How an Attorney Helps with the Probate Process [print this page] How an Attorney Helps with the Probate Process
In even the simplest of administrations, a wide range of legal issues that affect the estate, the beneficiaries, and even the personal representative may arise. These issues can keep certain parties from recieving the assets intended for their possession. There are a few simple ways that a wills and probate lawyer can assist in resolving these issues:
Identifying assets: A probate lawyer is equipped with the knowledge and experience to easily identify what assets are considered probate property and which are exempt from probate.
Marshalling of assets: The marshalling of assets, (the process of collecting and accounting for the assets of a deceased person, or decedent) can often be complicated and time-consuming. This requires the collection and accounting of all assets of the estate, not just those assets subject to probate. Once the property is identified, classifying the property can begin. It is separated into exempt, probate and non-probate property. While this can be the job of the personal representative, a FL wills lawyer has the advantage of being experienced in this process - and being emotionally removed from the assets.
Completing paperwork: The circuit court requires specific documents to account for assets and debts of the estate concerning wills and probate in FL. Incorrect or unclear paperwork can delay the decision of the court during FL probate litigation, and result in unneeded stress for the family. In addition to the court's requirements, various tax forms must be completed before the estate can be closed. In the community at large, many people have never completed a final tax return, an estate tax return, or an estate income tax return. This is because these types of tax returns are only required after you pass on. An attorney with an uderstanding of probate laws knows the intricacies of these documents and know how to prepare them efficiently.
How a probate law firm can help
Probatecan be confusing and emotionally draining. Probate law firms in Florida can help to offset the confusion and can take the time to explain the process to you, while looking out for you and protecting the wishes of your loved one.
