Legal Blog

January 15, 2020

WHY DO I WANT TO AVOID FLORIDA PROBATE?

The top 3 reasons most clients wish to avoid probate are:

  1. It is time consuming.  The probate process can take anywhere from 6 to 12 months. This means that during that time your beneficiaries are unable to receive their inheritance. Instead the assets held in the estate are subject to potential creditor claims and will be reduced of course by attorney’s fees.  Other assets may be at risk – such as a home with a mortgage.  If the beneficiaries are unable to pay the mortgage, taxes and/or HOA then the property may end up in foreclosure.
  2. It is costly.  The Florida probate process is costly and the attorneys’ fees that are to be paid come from the estate assets. This means that the beneficiaries share of inheritance will be reduced by the amount paid to the attorneys. Other costs that may arise and that are paid from the decedent’s estate assets include: publishing a notice to creditors, sending pleadings via certified mail, appraisals for properties, appraisals for a business and more.
  3. It is public record:  A probate case from start to finish is public record. If you’re someone that values their privacy you may not want the entire case to be accessible to the public. Yet, without proper planning in advance the entire case (including the will) can be found online by accessing the court’s docket.

Coral Springs Probate Attorney – Delray Beach Probate Attorney

We understand that the loss of someone you care for is both difficult and emotional.  The last thing in the world that you should be focused on is how to handle the legal affairs, so please leave that to us.  We are here to help you every step of the way, to simplify the probate process and help you move forward in life.  Call today to schedule your consultation and allow us to be there for you.

The Legacy Law Firm

(954) 999-9683

 

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