Tampa Probate Attorney

Probate is the process for winding up a person’s estate after they die. In probate, a personal representative will collect all estate assets, have them appraised, pay any unpaid debts, and defend the estate from lawsuits. At the end of the process, the representative distributes assets to heirs and beneficiaries and pays taxes. All told, probate can take a year or more, depending on the size and complexity of the estate.

Personal representatives often have legal questions. You should call Ronald Cutler, P.A. to discuss your needs. The court clerk might provide very basic information, but they can’t delve in-depth about what steps you should take. A Tampa probate attorney at our firm can help you determine the right path forward.

Challenges with Probate

There are definite steps the representative needs to follow in probate. However, different problems can crop up which don’t have easy solutions. As the personal representative, you could be personally liable to any family members if you don’t perform your duties properly, so it’s best to obtain professional legal advice:

• You might reject a creditor claim. For example, someone might claim the deceased owed them money, but they can’t produce a promissory note or any documentation. We can help analyze a claim and even defend the estate if the alleged creditor sues.
• You might liquidate assets to pay taxes. Some people don’t die with enough cash to pay creditors, including the government. You’ll need to sell estate assets in that case, which can anger family members who are expecting to inherit. Let’s review which assets you should liquidate. You have a duty to treat all beneficiaries fairly and not favor one over others.
• The estate might be small enough to avoid probate. Florida has a summary administration procedure for smaller estates, and we can review if this is an option. You might use summary administration if the deceased has been gone for at least two years.
• A disappointed heir might challenge the will. Maybe they allege the deceased lacked capacity to create the will. It’s up to the personal representative to defend the estate. Contact us for help.
• You need to protect the value of assets. Probate can take a year or longer, and you need to safeguard the estate assets. We can discuss different strategies. For example, you might need to purchase insurance for different assets, or you should move investment income into safer investments. The goal is to preserve the value of the estate.
• Taxes are confusing. The representative needs to file and pay taxes for the estate and the deceased individual. You might have questions. Get the correct information.

These are only some of the tasks an experienced probate attorney can help with. We can also assist disappointed family members who want to challenge the will or even creditors with their claims.

Call to Speak with a Tampa Probate Attorney at Our Firm

Ronald Cutler, P.A., employs a team of talented Tampa probate attorneys to help our clients with their legal needs. Call our firm to schedule a meeting.