Attorneys can be very useful in times of bereavement. Probate complexities can be overwhelming to a grieving survivor, and lawyers trained in dealing with such complexities can be instrumental in getting through such a time. Let's explore the ways in which hiring a probate attorney can be beneficial to the family -- even prior to passing on.
A lawyer can help in many ways when it comes to writing a will. If a person dies without a will (or dying "intestate") in Florida, their assets are divided amongst their immediate family. If the deceased has a spouse and at least one child, the first $60,000 of their estate beyond homestead entitlements, plus 1/2 the remaining estate, will go their spouse. The remainder goes to their children. If they have a spouse but no children, the entire estate goes to the spouse.
If the deceased does not have a spouse nor any children, the estate goes to their parents, as long as they are still living. If the parents are deceased, the estate goes to the siblings. Considering the complications of distributing assets and estates, a good probate attorney can help prevent problems that may arise, by guiding one through the process of writing a will. They will explain the terms that are not understood, so that the process can be gotten through quickly and without missing any important details that may be unexpected. Especially if one has children from a previous marriage, a will is essential or your assets may not be distributed the way that you want them to be.
An attorney can help you choose among the many ways to transfer assets outside of a will in Florida. These other options may include: life insurance policies or trusts, gifting cash or other assets before death; "Payable on Death" (POD) bank accounts; retirement plans and Individual Retirement Accounts (IRAs), and "Revocable Living Trusts," or the giving all your assets to a trustee for management prior to your death. For some people, these options present a better plan than simply writing a will, but it can be difficult to decide which one is best for you. Estate attorneys can help you choose the best options by explaining about each and by applying these possibilities to your unique situation. Having a lawyer by your side while trying to figure out how you'd like your assets and estates dealt with after your death will help you make sure that these matters are professionally handled. Estate lawyers deal with these things every day, so they know far more about the process than most people do. That's why they are such a help during the process of probate.
In the state of Florida, you can make a valid will if you are at least 18 years old and of sound mental state. The will needs to be in writing and signed in the presence of two witnesses. This process can be simplified by hiring an experienced Florida probate attorney. The attorney will be able to put things in a language that you can understand, so that you know just what you're doing, and so that you can be sure to have your will just as you'd like it to be.
An attorney who does a lot of estate planning or probate procedures can describe the consequences of some of the most basic choices you will have to make. Hiring someone experienced in the field is key.
Kathy Hildebrand is a professional writer who is easily bored with her "day job" assignments. So, she researches anything and everything of interest and starts writing. Writing about an extremely wide variety of subjects keeps her skills sharp, and gives her food for thought on future paid writing assignments.
More of her research and articles can be found at her web site and other sites around the internet.
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