Many people might wonder what probate law is and what it entails. As a result, most people are unaware of what a probate attorney does, and the type of issues they might help to resolve and prevent. Probate law deals with the legal process that occurs after someone has deceased. Oftentimes during this legal process, a will and testament is a very important document. A Florida probate attorney, probate court, and relatives of the deceased will refer to the will when deciding what is to be done with the remains of the individual’s estate and any outstanding credit that may have been due.
Why a Florida Probate Attorney is an Essential Resource for all Probate Matters
If the deceased individual had a will, then the executor of that individual’s estate has the duty of notifying the local probate court. From there, the executor of the deceased individual’s estate is responsible for keeping items that belonged to them, safe until they are distributed. They also handle the property of the deceased, as it is expressly stated in the will. These are just a few out of the many steps taken during the Probate process and having a Probate Attorney at your side during Probate Proceedings and throughout all Probate matters is an essential resource that you deserve.
At Bret Jones, P.A., our skilled Florida Probate Attorneys will assist you and your family step-by-step through the process. When a loved one passes away, the hardest part can be determining what steps to take in order to ensure that their final wishes are granted, and that any and all financial or legal matters that pertain to your loved one are resolved. The burden of burying a loved one is a difficult task, and you deserve to have the best care possible when dealing with their final wishes. At Bret Jones, P.A., our Probate Attorneys aim to help our clients best prepare for the challenging road ahead in the most considerate and conscientious way possible. We go the extra mile to ensure that the best interests of our clients are met.
What Are Common Legal Issues in Probate Law?
Issues in Probate law are widespread and can be cumbersome. That is why hiring a Probate Attorney is an important decision in planning and dealing with common Probate problems. Some of the more common issues in Probate law include whether a person has died intestate. Dying intestate creates several issues for those who have survived the deceased. If someone has died intestate, it means that they have died without a will.
A will is a legal document that contains a person’s last requests or final wishes. A will usually specifies who will receive assets a person possesses. This can include both personal and real property, such as stocks and bonds or even a house.
However, if a person passes away without a will, then the laws of intestacy will be used to determine what do with the deceased person’s property, and how to pay any outstanding debt that they may owe. Furthermore, to determine which state laws of intestacy should be used legal considerations, such as the domicile must be determined. In Florida, there are many retirees who come here from various locations throughout the United States, as well as expatriates from countries around the globe. Determining domiciliary as well as addressing personal and real property that the deceased loved one may own in other states or countries can be an all-consuming task.
What is a Domicile for Purposes of Probate Law?
When a person dies intestate, the laws regarding intestacy will be invoked. Depending on which state the deceased person is considered a domicile, will determine which state laws of intestacy will be used during Probate proceedings. A domicile is where a person predominately resides as well as where their permanent legal dwelling is located. Each state within the United States varies on intestacy laws, and Florida certainly has its unique set of intestacy laws. Some individuals reside in Florida during the winter and spend the remainder of the year in another location. These individuals often have homes in two locations, and personal property divided among both locales.
Issues may arise out of the distribution and handling of homes and other items in different states. This is a very common occurrence in Florida as a sizeable amount of the population here tends to have another residence out of state. As a result, ensuring the proper disposition of their will can become a cumbersome matter when done without the assistance of a probate attorney. With a Florida probate attorney, you can rest assured that the proper intestacy laws are being used, and that all the legal requirements demanded by Probate Court are more than adequately addressed.
Bret Jones, P.A. Can Help You
At Bret Jones, P.A., we understand that many things in life are not “cut and dry”, and you shouldn’t feel hesitant to discuss your concerns with one of our probate attorneys if your loved one has passed away intestate. If your loved one passed away without a will, then Probate proceedings may take longer than if they had a will. With the assistance of a licensed Florida Probate Attorney at Bret Jones, P.A., we can provide the essential resource you need in order to lighten the burden that comes with the sorting out a loved one’s property as well as other financial and legal matters that the process entails.
The discussion of death, in addition to the life and survival of family members after a loved one has passed, is a very difficult discussion. Furthermore, many people do not want to deal with the seeming “non-essentials” when their loved one has passed on. For these reasons and more, our attorneys ensure that they possess a dignified and thorough approach to discussing and handling probate proceedings with you in your time of grief. Choose a highly qualified Florida Probate Attorney from the firm of Bret Jones P.A. for all your Probate matters.
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