Losing someone you love is one of the most emotionally challenging times you can experience. You may also have to handle their remaining affairs, which adds to the burden. Thankfully, with the help of a probate lawyer from Veliz & Associates, P.A., a person in Palmetto Bay does not have to endure this alone.
If you have been nominated as the personal representative for someone’s estate and are unsure about your duties, we are here to answer your questions and provide guidance. Our local estate planning attorney could help you feel confident in your role and ensure that your loved one’s estate is handled with respect.
Dealing with the deceased’s affairs is rarely simple, especially if they have high-value assets. Sometimes they have a last Will and testament that shows how they wish their assets to be distributed. However, even if one exists, an estate in Palmetto Bay and elsewhere in Florida must go through probate, which is why it is helpful to have legal counsel.
If a personal representative is nominated in the deceased’s Will, the court typically honors the choice. If there is no Will or it does not nominate a personal representative, the court chooses someone to fill the role, usually a close family member. After this, the appropriate parties will be notified of the proceedings, which includes the family, any other named beneficiaries, and creditors.
Probate does more than distribute property to the heirs; it also settles any taxes owed and outstanding debts. Creditors are unlikely to clear debts, but they must put in a claim to the court. These must be taken into account as part of the process.
Before the personal representative can distribute the assets, they need to know what assets are included in the estate by taking a thorough inventory. This may be a lengthy task, depending on the deceased’s wealth and possessions, as assets include bank accounts, real properties, and artwork.
After compiling the property inventory and creditor claims, the personal representative can begin paying taxes and debts with the estate’s assets. Afterwards, they can distribute the remaining assets to the heirs according to the Will or with the instruction of the court.
Unless the personal representative in Palmetto Bay is the sole heir of the estate, they must be represented during probate by an attorney according to Florida Probate Rule 5.030. This is because the process can be complex, and disputes over who inherits which assets are quite possible. A skilled lawyer could advise on following the law to prevent conflicts or errors.
An attorney could also manage compiling an inventory of the assets, as this may require confirming ownership of some properties. Additionally, the estate is not obligated to pay every creditor who puts in a claim, and a lawyer could help determine which ones are legitimate and which ones can be denied.
If you have been nominated as a loved one’s personal representative, we understand the challenges of managing their estate with the emotional distress over your loss. A probate lawyer from Veliz & Associates, P.A. could help an executor in Palmetto Bay alleviate their burden by managing the numerous legal aspects.
We are here to help you feel confident in fulfilling your duties as your loved one’s personal representative. Contact us to schedule a consultation with a member of our team.
We evaluate your case and determine how we might be able to help.
We will meet with you to discuss your next options and lay out a plan.
Our team guides you throughout the process so you feel confident about your choices.
(305) 250-9917