In this article, you can discover…
- The problems that can arise when filing probate is delayed.
- How disputes among heirs can complicate the probate process.
- How an attorney can help you to reduce or mitigate these conflicts.
How Can Delays In Filing Probate Documents Cause Issues?
Delays in filing probate documents can prevent beneficiaries from receiving their assets, as assets won’t transfer hands until the probate process is complete. For example, if a loved one passes away, leaving you a house, and you don’t file probate, this property can’t change hands.
I’ve seen instances where heirs fail to file probate and attempt to sell a property that’s been willed to them. Unfortunately, the property can’t be sold as the asset was never legally handed down, and the previous owner is no longer living to sign the title.
It’s critical to file probate documents and do so correctly. This helps ensure that beneficiaries receive their assets in as timely a manner as possible and helps avoid serious legal complications in the future.
What Happens When There Is No Valid Will During Probate In Florida?
If your loved one had no will or the will was invalid, their estate is now intestate, and Florida law will govern how distributions are to be made. In this case, Florida law will first seek to pass on property to a surviving spouse and then to any children of the decedent. For this reason, it’s especially important to have estate planning documents in place to make sure your assets are handed down to the people you’ve intended.
How Can Disputes Among Heirs Delay Or Complicate Probate In Hillsborough County, FL?
Disputes between heirs typically lengthen the probate process, and this may ultimately result in the need for a trial to determine how assets are divided. This will cause delays in the probate process itself and will further delay how long until beneficiaries receive their respective share of the estate.
What Role Do Creditors Play In Creating Problems During Probate?
In a probate case, creditors can file claims, and these claims must be resolved before probate can occur and before beneficiaries can receive their inheritance. If a creditor files a claim that exceeds the value of the estate, once that credit is paid out, there will be nothing for beneficiaries to receive.
If you run into issues with creditors during probate, allow an estate planning attorney to speak for you and represent your cause. It may be possible to settle the claim for less than what the creditor initially requested, moving forward with probate and allowing assets to be released.
How Does Failing To Notify Beneficiaries Complicate The Probate Process?
Beneficiaries must be given notice of probate as they have certain rights and may also wish to challenge the will or certain aspects of the probate process. Furthermore, without proof that beneficiaries have been notified of probate, the court will refuse to move forward with the release of assets.
Not providing beneficiaries notification can essentially invalidate the probate process and cause significant delays.
How Can An Estate Planning Attorney In Florida Help You Resolve Issues In The Probate Process?
The most frequent issues that I see arise with probate involve a loved one passing away without a will. Beneficiaries are then left without guidance on how assets should be divided, and the State of Florida then takes over to determine who receives what.
However, it is sometimes possible to settle probate if one beneficiary decides they simply do not want any of the decedent’s things, disclaim their interests, and let their siblings have everything. Many clients don’t know this, but it is possible to disclaim an interest in the estate and simply say “no, thank you” to receiving any of your loved one’s things.
When beneficiaries agree on how assets are to be divided, probate becomes much simpler. An attorney can help you navigate this process, coordinate with other beneficiaries, and get through probate more quickly, giving you the time and emotional space to grieve and move forward.
Still Have Questions? Ready To Get Started?
For more information on Working With An Estate And Probate Lawyer In Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (321) 205-9467 today.
