Dealing with the loss of a loved one is an incredibly difficult experience. Aside from the emotional toll, there are legal matters that need to be addressed. This is where probate lawyers and probate litigation attorneys come in, offering their expertise to help the family of the deceased navigate the legal aspects surrounding their passing.
Understanding Probate
Probate refers to the legal process of transferring the assets of the deceased to their beneficiaries, family members, friends, or organizations. This process is overseen by the Florida probate court system and can be quite complex, especially if there are disputes regarding the will. Probate lawyers and probate litigation attorneys specialize in different aspects of the probate process.
The Role of a Probate Lawyer
When someone passes away, their assets, collectively referred to as an estate, need to be administered. This is where a probate lawyer plays a pivotal role. The specific tasks they undertake will vary based on the requirements of the estate and its heirs.
If the deceased had a will, the probate lawyer will file the will with the probate court, prepare and submit probate court documents, and provide guidance to the personal representative on the legal process of administering the estate. Additionally, the lawyer may assist in locating and gathering all the assets of the deceased, such as closing bank accounts and securing appraisals for jewelry and real estate. They may also handle the sale or distribution of personal items like clothing, cars, and furniture. Furthermore, the probate lawyer is responsible for collecting any outstanding debts owed by the deceased and ensuring their payment.
In cases where a person dies without a will, known as intestate, the probate lawyer must adhere to Florida’s intestate laws that dictate how the assets should be divided. Their role is to guarantee the proper distribution of the estate in accordance with these laws.
The Role of a Probate Litigation Attorney
A probate litigation attorney represents individuals who have disagreements regarding the management of a will, estate, guardianship, power of attorney, or trust. For instance, someone may seek the expertise of a probate litigation attorney if they believe they were unfairly disinherited, if they suspect the will executor is neglecting their fiduciary duties, or if they have concerns about the validity of the will due to duress or undue influence. The probate litigation attorney’s task is to inform their clients about their rights, file necessary legal paperwork, and, if required, present their case in court to advocate for their client’s interests.
Trustworthy Assistance from Garrity Traina
Garrity Traina is a reputable law firm specializing in estate and probate law. With a team of highly-rated probate and probate litigation attorneys, they have successfully represented numerous satisfied clients. Whether you need guidance during the probate process or legal representation to contest a will or address any other estate matter, Garrity Traina is here to help. Reach out today for a complimentary consultation.
About Garrity Traina
Garrity Traina is a boutique law firm offering a wide range of legal services in the areas of wills, trusts, estates, probate, guardianship, and related matters. Their expertise covers planning, administration, and litigation in these specialty areas. With skilled attorneys and staff, coupled with extensive knowledge of applicable law, Garrity Traina provides exceptional legal representation to their clients.
Based in Boca Raton, Florida, Garrity Traina serves clients not only locally but also nationally and internationally. They are committed to delivering superior and focused counsel in a timely manner and at a competitive price.
Remember, when you need trustworthy legal guidance and support for your probate matters, turn to Garrity Traina.