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Do You Need The Services Of A Probate Lawyer Miami?
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The main role of a probate lawyer Miami is to administer the last will and testament of their client. If someone dies after having written a will, the probate process begins. This process involves distributing assets to the beneficiaries as outlined in the will or testament. In many cases, the person writing the will names an executor. An executor has a duty to ensure that the distribution of assets is done as per the specifications of the will. So where does a probate lawyer Miami come in? If you reside in Miami, Florida and you are the executor of a will or one of the heirs of the deceased, you may need the services of a probate attorney or an asset protection attorney.
The Miami probate lawyer will ensure that the legal process goes on smoothly. This will include handling the pleadings and motions that are taken to court. In the event that the will is contested by any other member of the family, your probate attorney will make arguments in court to ensure that the ruling is made on your favor.
The probate attorney Miami will also help beneficiaries and the executor in the event that the validity of a will is questionable. In such cases, the lawyer will have to represent his/her clients in court and ensure that they get justice. There can be evidence to show that the will is not valid. In such a case, the court will have to decide on how the deceased person’s property will be distributed among the beneficiaries.
In some cases, the Miami probate lawyer can be the executor of a will. Most people opt to make their attorneys executors because of the legal background they have. In such cases, probate attorneys will go a step further to ensure that the assets are distributed to the beneficiaries smoothly. The attorney/ executor will go ahead and assist in changing the title on property to ensure that they are under the name of those people who inherited them.
An important thing to note is that, probate attorneys cannot be beneficiaries in the will or testament. Anyone who is named in the will and inherits any assets left by the deceased cannot act as the probate attorney. This is a rule that was put in place to prevent conflict of interest and ensure that the executor remains unbiased all through. It is always important to select a credible probate attorney Miami.
First, look for a lawyer who understands the probate laws of Florida. A tax lawyer Miami will not offer the same service as someone who has specialized in probate cases. Look for someone with experience as well so that you get the best legal representation. The best lawyers are able to offer unbiased services and show genuine concern in your situation. Compare their legal fees so that you know whether you can afford their services. Remember that you may require other lawyers like an asset protection lawyer as soon as the will is executed. Find qualified professionals to help you in estate planning after acquiring new property. This will help you to make the best use of any new property you just acquired.
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