Law Offices Of Paul H. Threatt, PLLC.

FAQ: Answering The Most Common Questions About Probate In Florida

FAQ: Answering The Most Common Questions About Probate In Florida Lawyer, Saint Augustine, FLIn this article, you can discover:
  • The consequences of not having a will in Florida.
  • How asset distribution is determined by intestacy statutes.
  • The grounds you need to have to contest a will in a Florida probate case.
  • How to choose an attorney for your Florida probate case.

What Happens If There’s No Will In The Florida Probate Case?

If there is no will, the intestacy statutes in Florida will determine the distribution of assets. These statutes dictate who will receive what, typically based on blood relations or family members. However, in the case of blended families or adopted children, complexities may arise. Without a will, the court not only decides the fate of your assets but also determines who is considered family and who will inherit from your estate. Essentially, without a will, you are leaving the entire division of your assets to the state of Florida. Having at least a will is crucial in such situations, but a trust would be even better as it can help avoid probate processes, alleviate the burden on the personal representative, and allow someone you trust to have control over your estate.

Can I Contest A Will In A Florida Probate Case? If So, What Are The Grounds For Doing So?

You have the right to contest a will in a Florida probate court. There are numerous grounds on which a will can be contested. One common ground is undue influence, where there are concerns about the mental state of the testator (or testatrix) at the time of creating the will, particularly if someone close to them manipulated the will to gain more financial benefit. Other grounds include validity issues, such as improper execution of the will or the existence of a more recent will that contradicts the one being contested. Contesting a will in a Florida probate case can involve various challenges, and the grounds for contestation can vary depending on the specific circumstances.

How Do I Choose An Attorney To Help Me With A Florida Probate Case?

When selecting an attorney to assist you with a Florida probate case, the most crucial factor is your comfort and ability to communicate with the attorney. It’s important to find an attorney who not only has the necessary legal knowledge and resources but also makes you feel heard and understood. Research the attorney’s disciplinary history to ensure there are no issues, and consider seeking recommendations from others who have worked with them. Ultimately, it’s advisable to have consultations with at least three different attorneys, discussing your case and assessing which attorney you feel most comfortable communicating with.

How Much Does It Cost To Go Through Probate?

In Florida, there is a statutory range that determines what is considered a reasonable fee for probate. However, this range does not provide an exact figure for the cost of probate, as fees can vary based on the complexity of the case or the value of the estate. While typical probate fees can range from $1,500 to 1-3% of a multimillion-dollar estate (which could amount to $100,000), it’s important to discuss the specifics of your situation with your attorney. By explaining the complexity of the process and considering factors such as the establishment of a solid estate plan with a trust and pour-over will, you can gain a clearer understanding of the costs involved. In general, probate costs for most estates usually fall within the range of $3,000 to $15,000. Investing in a comprehensive estate plan and trust upfront can ultimately save you significant costs in probate later on. For more information on Navigating A Probate Case In Florida State, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (904) 650-4262 today.
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