Four Mistakes To Avoid During Probate
If you have lost a loved one and now need to settle their estate in probate court, it is natural to feel stressed and confused. Probate involves many steps and making even a small mistake can result in unnecessary delays and even possible legal issues in the future. Below, our St. Petersburg probate and trust administration attorney explains the four most common mistakes to avoid.
Not Taking Action
People sometimes become paralyzed by grief. This causes them to delay probate because they worry about upsetting family members or making a mistake. However, waiting too long can create issues, particularly if your loved one’s property is not managed or you miss important deadlines. Probate is a legal process and if you do not take certain steps early on, it can create issues, even if the estate is fairly simple.
Fortunately, you do not have to go through probate on your own. Contact a probate administration lawyer who can help you prepare and advise on what to expect.
Distributing Assets or Paying Bills Too Quickly
You may have the best intentions when you use your loved one’s bank account to pay their bills. Or, you may think you are getting ahead by distributing property to other loved ones. While you do not wait too long, taking certain actions can also create personal liability, particularly for the personal representative of the estate. Again, it is important to speak to an attorney who can advise on the next steps to take.
Assuming Probate is Not Necessary
Many people assume that because their loved one had a will, or there are not a lot of assets in the estate, probate is not required. Even modest estate in Florida often require probate, particularly when financial accounts, real estate’s or unresolved debts are involved. Whether probate is required does not depend on the existence of a will but instead, how property was titled. A lawyer can review the facts of your case, determine if probate is required and if so, what type of administration is necessary.
Listening to Non-Legal Advice
Family members often have the best of intentions. Wanting to help, they may give you advice based on something they read online or their own experiences. However, different states have different probate laws and Florida law outlines deadlines, court requirements, and strict rules specific to the state. Following non-legal advice can result in mistakes, disputes, and unnecessary delays. Instead, contact a probate administration lawyer who can advise on the law in Florida and make the process as easy as possible for you.
Our Probate and Trust Administration Attorney in St. Petersburg Can Guide You Through the Process
When entering the probate process, it is important to speak to a St. Petersburg probate and trust administration attorney. At Legacy Protection Lawyers, LLP, our experienced attorneys can help you prepare and advise on important deadlines and the steps to take so no mistakes are made. Call us today at 727-471-5868 or fill out our online form to schedule a consultation and to get the legal advice you need.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html
