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Florida Probate: What Executors Need to Know

Once you have been appointed as executor, you are considered the responsible party during the Florida probate process and can be held accountable by the beneficiaries. If the estate is large or complex, the executor may be tied up for years with depositions and court appearances.

In addition to navigating the probate process, you will also be responsible for a number of legal and financial tasks that you may not feel qualified to handle.

Florida law also specifically requires you to retain a Florida attorney. While you may think that any attorney will do, you really need an experienced probate lawyer that dedicates a great deal of their time to helping clients with probate matters.

Here are three good reasons why you’ll want legal help:

If there is a potential for a will contest.

Unfortunately, will contests are becoming more prevalent as more people divorce, remarry and produce children. A will contest can potentially diminish estate assets as well as tie up the estate for years in court. Involving an experienced probate lawyer early in the process may help avert a will contest if beneficiaries are assured that the estate is being handled properly, according to the decedent’s wishes and the law.

If the assets of the estate include real estate.

The executor is required to take steps to secure the property and ensure it is maintained and insured. In addition, the will may require that the property be sold and the proceeds distributed to the beneficiaries. Only a probate attorney experienced in handling real estate matters for their client’s estates should be considered to guide the executor through this process.

If the estate includes a business.

When an estate includes a business, things can get complicated quickly. If other relatives are involved in the business and there is no operating agreement that determines how the decedent’s shares will be handled, this can quickly escalate into a battle. Even if the disposition of the business or business shares are clear, there will still be things that need to be done -- like getting a valuation of the business, or putting it up for sale.

When you are already grieving the death of a family member, the complex demands of the Florida probate process can be overwhelming. Should any conflict arise over the handling of an estate, skilled legal counsel becomes even more essential. Contact our Fort Myers law firm for your free consultation.

Categories: Probate
dorcey law firm
The Dorcey Law Firm, PLC - Fort Myers Attorney
Located at 10181 Six Mile Cypress Pkwy, Suite C, Fort Myers, FL 33966
Phone: (239) 330-6674
Local Phone: (239) 418-0169
Website: http://www.dorceylaw.com
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