Attorneys can be very useful in times of bereavement. Probate complexities can be overwhelming to a grieving survivor, and lawyers trained in dealing with such complexities can be instrumental in getting through such a time. Let’s explore the ways in which hiring a probate attorney can be beneficial to the family — even prior to passing on. If you are looking for more tips, check out Probate Lawyer near me
A lawyer can help in many ways when it comes to writing a will. If a person dies without a will (or dying “intestate”) in Florida, their assets are divided amongst their immediate family. If the deceased has a spouse and at least one child, the first $60,000 of their estate beyond homestead entitlements, plus 1/2 the remaining estate, will go their spouse. The remainder goes to their children. If they have a spouse but no children, the entire estate goes to the spouse.
If the deceased does not have a spouse nor any children, the estate goes to their parents, as long as they are still living. If the parents are deceased, the estate goes to the siblings. Considering the complications of distributing assets and estates, a good probate attorney can help prevent problems that may arise, by guiding one through the process of writing a will. They will explain the terms that are not understood, so that the process can be gotten through quickly and without missing any important details that may be unexpected. Especially if one has children from a previous marriage, a will is essential or your assets may not be distributed the way that you want them to be.
An attorney can help you choose among the many ways to transfer assets outside of a will in Florida. These other options may include: life insurance policies or trusts, gifting cash or other assets before death; “Payable on Death” (POD) bank accounts; retirement plans and Individual Retirement Accounts (IRAs), and “Revocable Living Trusts,” or the giving all your assets to a trustee for management prior to your death. For some people, these options present a better plan than simply writing a will, but it can be difficult to decide which one is best for you.