21 Jun The High Cost of Probate, Revealed.
More often than not, grieving families are left to handle a deceased loved ones’ assets in Probate, and are mystified by the legalities and costs surrounding the process. At Rock Solid Law, our aim is to simplify an otherwise confusing process.
Probate is a court proceeding in which a Judge will determine whether or not your Last Will and Testament is valid, and who is entitled to receive your worldly goods. If you do not have a Will, the default rules of Probate will determine the identity of your heirs. Your Will will not be effective until it is “probated” with the Court, and your loved ones will not receive an inheritance from you unless Probate happens. Since Probate is a court proceeding, it is also a matter of public record.
Probate is an expensive process due to four major reasons:
- Under Florida Law, You Must Retain an Attorney.
In order to start the Probate process, your family is required under Florida law to retain an attorney. The attorney has no choice in which documents are submitted to the Court in order to start Probate. The requirements of which documents need to be prepared and filed by the attorney are set forth under Florida law
- Probate Requires a Filing Fee.
Before the Judge will even consider your case, a filing fee must be paid. The filing fee is anywhere from $346.00 to $401.00 (this does not include attorney fees to prepare the required paperwork or the cost of certified copies).
- Probate is a Long Process.
Probate will take months, if not years, to complete. Because of this, additional costs and attorney fees are usually incurred. Also, Judges hardly ever allow any funds to be distributed to your loved ones until Probate is finished. So during this delay, your loved ones will not receive the financial support you intended to provide them.
- Probate is not only Financial but Emotionally Costly.
Probate is expensive in terms of emotional expenditure. Our experience has shown us that Probate brings out the worst in family members. Understandably, grief causes people to act based on their emotions. Hurt feelings during childhood are more likely than not to surface during this time. Often disagreements that occur during Probate affect family relationships for years to come.
Easing the Difficulties of the Probate Process.
If your family has lost a loved one, or someone you know has passed away, Rock Solid Law has the experience and compassion to lovingly help with Probate to make this somewhat confusing process as simple as possible.We work directly with the personal representative and provide the guidance to assist with each step of the probate process. While most probates are administered without issues, sometimes disputes arise. If a probate becomes contested, we have the knowledge to assist in such matters. Please visit https://rocksolidlaw.com/rsl-probate-guardianships/ for more information on how Rock Solid Law can help you.
Keep Your Family Affairs Private and Avoid Probate.
Rock Solid Law has the expertise to help clients keep their family affairs private and avoid the unnecessary expenditures of Probate by engaging in Estate Planning. Each client has unique needs and desires, and our attorneys can advise the best course suited for each individual situation. To ensure that your affairs are in order and prepare a customized Estate Plan, make an appointment with Rock Solid Law today at 904-241-1113 or visit their website https://rocksolidlaw.com/rsl-contact/.
Next month, we will examine the nuts and bolts of the Probate process.
The information contained herein should not be construed as legal advice or opinion and is not a substitute for the advice of counsel.