North Redington Beach Probate Lawyers
A Helping Hand in Will Litigation
Upon the death of a loved one, those close to the deceased will encounter a process called probate. This is meant to help validate the authenticity of a will, settle debts and outstanding payments of the testator, and redistribute remaining property to the appropriate heirs. The process may seem daunting at first glance, but our experienced attorneys at Hill & Kinsella are available to assist you throughout the journey.
Call (727) 240-2350 to reach an attorney available to help you now.
What Can a Probate Lawyer Help Me With?
Our attorneys are prepared to help clients with several tasks surrounding every step of the probate process, as they pertain to your specific situation. We can help you with:
- Insurance – we can assist in life insurance policy collection
- Estate assets – we can help you identify, secure, and obtain appraisals for the decedent’s property
- Outstanding payments – we can help you identify any bills, taxes or other payments you may need to make on the testator’s behalf
- Paperwork – we can assist with documents necessary for probate court
- Distribution of assets – we can aid in the final transfer of assets amongst the beneficiaries upon the payment of all outstanding fees held by the decedent
For a responsive and motivated professional working in your favor to ensure a smooth probate process, contact Hill & Kinsella.
Do I Need Probate?
In the state of Florida, probate is not always necessary. However, there are certain assets that render probate necessary. Usually, this includes anything the decedent owned solely in their name, or something co-owned without proper instructions for redistribution after death. Some examples include:
- An investment or bank account in the decedent’s name only
- A life insurance policy
- A real estate title in the decedent’s name
Other instances may still warrant probate. If someone wishes to avoid incurring probate upon their death, transferring their assets into a trust is a reliable solution.
What Happens When There Is No Will?
In Florida, when a decedent has either an invalid will or no will at all, they are considered intestate. As such, their assets will be distributed to their heirs in the following order:
- If the decedent has a spouse but no living children or grandchildren, the spouse receives the remaining assets in their entirety.
- If the decedent has a spouse and children with that spouse, the spouse receives the remaining assets in their entirety.
- If the decedent has a spouse and children, but the spouse also has children not descendant from the decedent, the spouse gets half of the assets and the decedent’s descendants share the remaining half.
- If the decedent was not married but has living descendants, they will divide the remaining assets amongst themselves in accordance with Florida law.
- If the decedent is unmarried and without living children, the parents receive the remaining benefits.
- If the decedent is unmarried, without children and the parents are deceased, the siblings receive the remaining assets.
Should the decedent not have any heirs as described above, the probate would be redistributed among more distant relatives.
Contact our lawyers at Hill & Kinsella for assistance with probate in North Redington Beach.
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