Where There’s Will There’s a Way 

Like any type of planning for the future a will is the best place to start. However, even a detailed will can present its own problems when property is to be administered. So, getting an experienced probate and estate planning attorney to supervise this process will ensure the property and assets are distributed as the decedent intended. If there is no will present at the time of death, instead of distributing the property based on the instructions of the will, the property and assets are distributed according to Florida inheritance laws. The decedent has much power in naming their heirs, but not absolute power. For example, they cannot exclude a spouse from some inheritance. The probate court will look to the will, determine its validity, and sort through any ambiguities in the language to distribute property.  

Issues and Solutions  

Some of the issues that can arise during the probate process that would require the expertise of an attorney include: if the person named heir of the will does not want the role, if there is a dispute over the value of the assets, or if there is a challenge to the validity of the will. One solution to the challenge of a will is a “no contest” provision which discourages this exact type of issue, but these provisions are not recognized under Florida Law, so again, an experienced attorney can help in mitigating and educating you on these issues.  

Timeline and Probate in the Public Eye  

Once in hands of an experienced attorney, the probate process can be handled efficiently and timely. Probate can often be a long process by nature because making sure property and assets are first verified to the decedent and then passed to the right heirs is often complicated. So, there is no strict timeline of events, but your attorney can make you aware of waiting times and when documents are filed so you are never in the dark during the process. Probate is also public record, so while having the details of the administration of property in the public eye is often unsettling, usually the process is not dramatic enough and handled carefully between parties that it is not in the spotlight.  

Probate Demystified  

With a will to start, and an experienced attorney such as Amy McGarry, the probate process can be a long process that feels manageable. Typically, the fees involved are often not considerable enough to diminish substantial value which is meant to go to the heirs. While the probate process can present issues along the way, the best way to avoid this is to understand the process going in, so hopefully probate is a little less of a mystery! Contact us to get started and be prepared.