Probate

Probate attorney palm coast

McGee Law, PLLC provides efficient and predictable solutions for families seeking probate-related assistance. Our probate attorney Palm Coast understands how stressful and emotionally exhausting a sudden death in the family can be. As your ally, we ensure you aren’t burdened with estate-related issues.

The complex process of probate can be very confusing and time-consuming. In such trying times, we recommend you have a legal representative that is compassionate, experienced, and well-known.

The best thing you can do in such a situation is do your homework. You need to understand the fundamentals of probate to know what’s coming. And that’s precisely what we will help you achieve here. So, let’s dive in and discuss everything you need to know about the probate process and how hiring an experienced local probate attorney in Palm Coast is an excellent decision.

Testate vs. Intestate Cases

You must understand how intestate and testate cases differ regarding probate. Before you do that, let’s get acquainted with the terms “testator” and “personal representative.”

A “testator” is a person that has created a will before demise. A “personal representative” handles the probate process and manages the testator’s probate estate.

How long does a probate case take to resolve? Well, the rules regarding probate are different in different states. Therefore, the time required to resolve a probate case can depend on the laws of your state. This is why we highly recommend you hire an experienced probate attorney in Palm Coast who is well-versed in Florida’s probate laws. It is a sure-shot way to expedite the process and achieve the desired outcomes.

How does a probate attorney in Palm Coast respond to intestate cases?

At McGee Law, our probate attorneys will first collect all the information required to understand the intestate case. We must review legal documents such as trusts and wills to determine their legitimacy. As your legal representative, we must examine the documents and fathom the severity of the probate case. Such in-depth reviews help us develop legal options and possibilities and create a solid plan to contest probate distribution.

How do probate lawyers respond in intestate cases?

Intestate cases arise when the testator dies without a will. Such cases can also happen when the Florida court identifies the presented will as legally invalid. In such a situation, our probate attorneys in Palm Coast will review the intestacy probate laws, which are generally more complex. When it comes to intestate cases, the process of estate asset distribution is lengthier and more complicated.

The complications arise since the court will have to identify and locate the testator’s assets and potential beneficiaries. Do you want to skip the difficulties and focus on the outcome? We highly recommend you connect with our probate lawyers as we can provide you with the best advice and steps to move through the probate process smoothly. Contact us to book a free consultation today!

What are the responsibilities of a probate lawyer?

As your legal representative, our probate attorneys will do all the legwork required to file a probate case. In other words, we take your stress away and save you valuable time. As your probate attorney, we will provide complete legal assistance required by family members and estate executors.

Besides locating and securing the assets, we help our clients obtain crucial documents like death certificates, values, tax IDs, and appraisals of the decedent’s property. We will provide the much-needed assistance to help you make the right decisions regarding retirement plans, IRAs, 401(k)s, rollovers, and more.

While we communicate with the insurance companies to collect the proceeds, our attorneys will ensure all the essential documents are ready to be submitted at the Florida state court. Finally, our probate attorneys will settle or litigate beneficiary disputes while executing proper asset distribution.

Process of formal probate administration

Now that you are well-acquainted with how we approach probate cases, it’s important that we share a formal probate administration or probate process works. Here are the steps involved —

1. The first step is to file a petition. This is done by the person nominated in the decedent’s will. The petition filed will be to become the legal personal representative of the estate.

2. The next step is all about verification conducted by the court. It will run several checks and appoint the personal representative upon successful verification.

3. The legal validation of the will is critical. If the will is legal, the mentioned beneficiaries will inherit the estate. Otherwise, the court will decide the people that will inherit the estate.

4. Upon will verification, the court will appoint the personal representative and hand over the Letters of Administration required to deal with creditors and debtors.

5. The personal representative will now have the right to file the decedent’s will and testament in the probate court.

6. The court will require witnesses, notarized statements, and other important documents to render the will valid.

7. The personal representative will have to inventory the assets.

8. Upon successful accounting of the assets, the personal representative will submit the final document mentioning the plan for appropriate asset distribution.

9. The asset distribution plan is shared with the parties involved in the probate case. This is the time they file a dispute if they have objections.

10. The personal representative can legally follow the asset distribution plan if no disputes are filed.

11. Finally, the personal representative must share a report proving that asset distribution was conducted as per the plan. The representative will then request the court to close the probate.

Indeed, the probate process is quite overwhelming, especially for someone that doesn’t visit the court often. This is why we suggest you hire an experienced probate attorney at McGee Law, PLLC. Connect with us to book a free consultation!

How can you initiate probate litigation?

You can initiate probate litigation by alleging that the will is fraudulent. One can allege that the will has been forcefully signed or that the decedent was mentally or physically incompetent to create or amend the will. However, we recommend you make such allegations with proper planning and preparation. You may even initiate probate litigation in case the creditors of the estate file disputes or when the personal representative fails to perform its duties as per the court’s order.

Contact us for Free Consultation!

If you are on this page, we know you are looking for an experienced probate attorney in Palm Coast. Let the search end here, as we have just the right services for you. All you have to do is give us a call and book a free consultation! You are only a call away from escaping the troublesome process of handling probate cases. Our friendly probate attorneys are waiting for your message!