How a Probate Lawyer Can Protect Your Rights as an Heir in Orlando

Probate litigation is emotionally and logistically challenging. When you’re grieving the loss of a loved one, you probably aren’t thinking about protecting your rights as an heir during the probate process. However, when disputes arise, it’s important to assert your rights and ensure that your loved one’s assets are distributed according to their wishes.

Fortunately, you don’t have to advocate for yourself alone. A skilled probate lawyer can represent you and defend your interests in the will. Here’s a closer look at how probate lawyers help heirs throughout the probate process.

Florida’s probate process can be confusing for heirs. Having a solid understanding of your rights during probate litigation can help give you an idea of what to expect.

If you’re a legitimate heir to the decedent’s estate, you have the right to be notified about important developments in the administration of the estate. This includes being notified of the probate process itself and receiving information about any lawsuits against the estate.

You also have the right to receive a copy of the will and the inventory of assets. You may also review accounting records showing how the estate’s assets are being spent.

As an heir, you don’t just have the right to receive the inventory of estate assets and other documents. You also have the legal right to object to events or transactions that could impact your inheritance.

For example, you may object if you notice incorrect property appraisals on the list of the decedent’s assets. You might also choose to object if you believe the estate executor’s compensation was unduly high.

Challenging a will can be difficult. However, you have the right to contest a Florida will for several reasons, including the following:

In some cases, you have the right to challenge the will even if you weren’t named in it. For instance, if you have reason to believe you were accidentally omitted from the will and not purposely disinherited, your lawyer may be able to help you formally challenge the document.

Heirs may also challenge the appointment of a personal representative for the deceased person. For example, if the court appoints a family member with poor mathematical skills to serve as the administrator, you may be able to successfully argue that the person isn’t suited for the role.

Probate lawyers can help family members understand the rights of heirs and advocate for their clients during the legal process. However, experienced probate attorneys also work proactively to prevent many common issues from popping up in the first place.

Here are some of the ways probate lawyers can prevent disputes, challenges to the will, and other issues involving heirs.

Challenges tend to arise when wills are unclear, incomplete, or improperly executed. A probate lawyer who also works as an estate planning attorney can help clients create valid wills that are unlikely to create disputes.

Probate attorneys know better than anyone that the probate process can be lengthy, expensive, and difficult. A lawyer can help a testator keep some or all estate property out of probate using tools like:

Creating a comprehensive estate plan can be time-consuming, but it greatly simplifies the estate administration process, and it may help heirs avoid probate court entirely.

If the decedent’s estate is substantial, estate taxes may be due. Estate and income taxes are paid before final distributions of assets, so some heirs might believe they’ve been shortchanged. A probate attorney can help heirs understand how taxes work so they don’t receive an unpleasant surprise later on.

In some cases, a probate attorney might be able to help heirs work out a disagreement without having to argue before a probate judge. Skilled lawyers can facilitate discussion and help affected heirs move toward a mutually agreeable solution.

Probate lawyers can assert the legal rights of heirs in probate, but they can also offer guidance to personal representatives during the administration process. Here’s how an attorney might be of service during each individual stage of probate.

During this initial phase, the executor of the estate files a petition for probate, and any heirs who stand to inherit assets are notified.

This is a particularly important time for heirs. If an heir wants to challenge a will, they generally have 90 days from the date they received notice. An estate planning and probate lawyer can review the will and help heirs determine whether it’s wise to challenge it.

At this point, the deceased’s personal property is inventoried and appraised. Before the heirs can receive assets, however, taxes, debts, and final bills must be paid from the estate.

During this phase, an attorney can review the transactions and look for anything suspicious or unreasonable (and dispute it if necessary). Once these final expenses have been handled, the decedent’s assets are distributed according to the terms of the will.

In the event of an intestate estate (meaning the decedent didn’t leave a will), assets will be distributed according to Florida’s laws of intestate succession. Typically, assets go to the surviving spouse and children. If the deceased has no surviving spouse or children, they may pass to other relatives.

Once the estate’s assets have been distributed, a probate lawyer can verify that their heir client received what they’re entitled to according to the will or laws of intestate succession.

At this point, the executor files a final accounting with the court to formally end the probate process. An attorney can review this accounting for accuracy.

The role of a probate attorney is multifaceted, and working with one as an heir comes with several notable benefits.

Probate is notoriously complex. When you work with a lawyer, they can explain what to expect and help you navigate the process.

If you need to challenge a will or file a dispute, making even a small error could mean you never get the chance. When you have dedicated legal representation, your lawyer can handle all necessary paperwork and court filings.

A probate lawyer can help ensure that you receive what you’re entitled to based on the will or laws of intestate succession. If there are any discrepancies or oversights, they can advocate for you to get what you deserve.

A competent probate and estate planning attorney works proactively to identify and mitigate possible disputes. By reviewing the will and other estate planning documents and talking to family members about their concerns and expectations, a lawyer may be able to help heirs work through disputes outside of the courtroom.

Dealing with potential disputes this way offers a number of benefits. For instance:

Taking steps to anticipate and address issues early on can also give heirs peace of mind. Probate can be a grueling process, and reducing the risk of surprise disagreements can do much to relieve your stress.

You shouldn’t simply decide to work with the first probate lawyer you find. The following tips will help you find the right probate law firm in Orlando to entrust your case to.

Most estate planning and probate lawyers are happy to provide references upon request. Additionally, reading client reviews can give you a sense of what working with a particular professional will be like.

Estate law is incredibly complex. Ideally, you’ll want to choose a probate lawyer whose practice is centered on estate planning and probate. Attorneys who only occasionally handle probate cases might not have the knowledge, skills, or resources you need.

This is an especially critical step if you’re in a unique situation. Probate matters tend to be highly individualized. If an attorney has successfully navigated cases like yours in the past, chances are good that they can help you achieve a similar outcome.

Before agreeing to work with a probate lawyer, ask how they bill for their services. Some attorneys charge a flat fee, while others charge by the hour. In Florida, probate lawyers also have the option of charging clients a percentage of the estate’s total value. It’s important to be clear up front about how your attorney will claim compensation.

When choosing a probate lawyer, you should look for more than just knowledge and experience. Ultimately, you should go with an attorney who promptly and thoroughly answers your legal questions.

Having a loved one’s estate go through probate can be nerve-racking, but having a lawyer who communicates clearly and effectively can make things easier.

Broadly speaking, heirs aren’t required to take an active role in the probate process. However, staying involved can reduce your chances of receiving less than what you’re entitled to.

If one of your loved ones has passed and probate is on the horizon, you should request a copy of the will and contact a probate attorney as soon as possible. Your lawyer can review the will, discuss any potential concerns with you, and help you understand what to do next.

If you’re an heir currently involved in the probate process or believe you will be soon, finding a qualified Orlando probate attorney to work with is paramount.

Attorney William C. Roof is a fourth-generation litigator who regularly handles probate and trust disputes. As an estate planning attorney, he also helps clients create comprehensive estate plans to minimize the risk of future problems.

William C. Roof Law Group is dedicated to shielding the rights of legal heirs and providing clear, compassionate guidance through the difficult process of probate. Contact us today to learn more about how we can assist you.