Fort Lauderdale Probate Attorney
Probate is a process which many people dread. When a person dies, their estate must pass through probate, and the personal representative plays a critical role. Many family members are unprepared for probate, which is often complex and confusing. Ronald Cutler is an experienced Fort Lauderdale probate attorney who can assist anyone who has been appointed as personal representative or who has a legal issue involving probate. Call our firm to schedule a consultation.
What is Probate?
In probate, the personal representative should file a will with the probate court and then begin securing and safekeeping all estate property. This property can include:
- Motor vehicles
- Real estate
- Personal property
- Pets
- Investments (stocks, bonds, and mutual funds)
- Cash
- Bank accounts
- Cryptocurrency
In short, most of the assets owned by someone at death are part of the estate. The personal representative will need to account for this property by filing an inventory with the court.
Another part of probate involves paying off debts owed by the deceased at passing. These are creditor claims. Most people have unpaid monthly utility bills, like heat, water, or cell phone service. The deceased might also have medical bills from a final stay in the hospital. The personal representative needs to determine if these are valid debts. If not, the representative should reject them. Sometimes litigation ensues when a representative rejects a creditor claim.
Once creditors are paid, the representative will then distribute the estate assets according to the will. If there is no will, then the state’s intestacy laws apply.
Do You Need Legal Help?
Many people find probate overwhelming. As the personal representative, you might need help finding out how to safekeep assets. For example, you might need to buy insurance, or you might need to sue to get estate assets back from someone else. Imagine if the deceased let someone stay in a summer house but the person doesn’t want to leave. We might sue to gain possession.
Family members might also need help with probate if they want to challenge the validity of a will. For example, your loved one might have lacked capacity when they signed the will, so it is invalid. If we can invalidate a will, then you might inherit more if you were entirely cut out of the will.
Our law firm can represent either personal representatives or family members in probate. The probate court is not representing either side. Secure your own legal assistance.
Contact Our Fort Lauderdale Probate Attorneys to Schedule a Consultation
Ronald Cutler, P.A., has the experience you need in any probate case. Our firm understands Florida probate law. No personal representative should try to tackle the process alone. Any mistake could end up in a lawsuit and personal liability for failing to protect estate assets. For example, you might fail to buy insurance for a vehicle, which is then destroyed in a storm. You might end up on the hook for the damaged property. Give our firm a call to schedule a free consultation to discuss any probate issue.