How Your Probate Attorney Can Help You Move Forward

Losing a loved one is never easy. Our compassionate probate team understands that your loss may even have been compounded by COVID-19 restrictions that prevented you from being there for them in their last days or by other pandemic-related factors. Our goal is to help you through the probate process with as little additional stress as possible. It may help to learn more about how we, as probate attorneys, may be able to help you move forward.

Most Estates Go Through Probate

First, if you have been informed that your loved one’s estate is in probate, this does not necessarily mean there is a problem with the estate. In Florida, almost every estate goes through the probate process. Simply put, probate is a process. In the process, two things must happen to settle an estate. First, the debts need to be paid. Second, the assets need to be distributed according to the will. Although it sounds simple, most personal representatives hire a probate attorney to assist them through the process.

Probate Attorneys May Help With or Without a Will

We often encounter clients whose loved ones passed suddenly without a will. When this happens, the assets go into intestate and will be distributed based on Florida Statutes 732.101-732.111. You still want a probate attorney even when there is no will.

For those with a will, the debts and taxes will be attended to first. Only then will the assets be distributed. As long as the will is not being contested, assets will be distributed as directed. The probate attorney handles all document filings, dealings with creditors, opening the estate account, notifying beneficiaries, paying final estate taxes, and handling proceeds from the property sale.

We Can Help

Whether your loved one passed with or without a will, Wagstaff Law Office can help. If you are contesting the validity of a will, we can help you with the necessary paperwork filing. If you are a Florida resident and do not have a Last Will and Testament, Living Will, Power of Attorney, and Health Care Surrogate, the recent coronavirus pandemic emphasizes the importance of proper estate planning. We can help you and your family with the right documents for your situation should the need arise. Call us today at (727) 584-8182 to assist with probate or other documents.