Three Reasons Why You Should Consider Working with a Boca Raton Probate Attorney
Fri Aug 27, 2021 | Probate | Share
When an estate is admitted to probate, one of the first things that happen is a personal representative is appointed by the court. This is typically the person named in the will to act as the personal representative of the estate, and they are often a friend, family member, or loved one of the deceased. The personal representative is responsible for administering the estate, which includes notifying beneficiaries, collecting estate assets, and paying creditors’ claims. Unfortunately, many personal representatives are overwhelmed by this task. While you are not required to hire a probate attorney, working with a Boca Raton probate attorney can simplify and streamline the process.
1. A Boca Raton Probate Attorney Can Help You Navigate the Probate Process
The probate process can be complicated. There are forms to be completed and filed, notices to be sent, and legal documents to be submitted. Failing to follow the correct documents or follow the probate court’s procedures can lead to problems and delay the distribution of the assets to the beneficiaries. Personal representatives who are administering the estate without a probate lawyer can easily make mistakes without realizing it.
While any attorney will be conversant with the basics of probate law, it is important to emphasize that a Boca Raton probate attorney will have specialized knowledge concerning local probate laws and procedures. As a result, they will be able to make sure the estate is administered properly and with minimal delays.
2. A Boca Raton Probate Attorney Can Help Avoid Probate Disputes
Because personal representatives are often friends or family members of the deceased, they are often accused of taking sides when administering the estate. In other words, one or more beneficiaries may feel that the personal representative is favoring another beneficiary over them even when they are simply following the terms of the will. These situations can quickly become heated and result in ugly disputes.
When you hire a probate attorney, their obligation is to the estate, they do not represent a particular heir or beneficiary. As a result, they are uniquely positioned to respond to potential disputes and resolve them before they result in litigation.
3. A Boca Raton Probate Attorney Assumes the Potential Legal Liability
One of the things that make many personal representatives uncomfortable is the potential legal liability. The personal representative is legally liable for any mistakes. If the personal representative neglects to pay a creditor’s claim, fails to pay taxes, or otherwise fails to protect the value of assets in the estate, they can be sued by the beneficiaries for breaching their fiduciary duties. When you hire a probate attorney, the probate attorney assumes that potential risk.
Talk to a Boca Raton Probate Attorney at Ellis Law Group Today
If you are a personal representative of an estate and are feeling overwhelmed, we can help you navigate the probate process quickly and effectively. To schedule an appointment to discuss your needs and how we can help, call us today at 561-910-7500 or complete our online contact form.