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When you have an estate planning or probate attorney in Brandon, FL they can help you with things like coming up with a comprehensive estate plan including writing a will and how to handle probate. With a good lawyer at your side, you can plan accordingly and bring yourself a better sense of peace knowing things are handled.
What is a Will
Traditionally referred to as the last will and testament, a will is a legal document that is a part of an estate plan, that defines what your final wishes are when it comes to your assets and dependents should you die. A will is not the same as a living will. When the will is signed it is only in effect when the person dies. Just because your Grandmother has willed you her ring does not mean it is legally yours and you can go take it while they are still alive. Before a will become something with legal impact it needs to go through the process of probate. This is when a probate lawyer in Brandon, FL can be useful. This is a court process and it can be expensive and take a long time.
Understanding the process of Probate
You name a person to be the executor of the will, or the personal representative depending on what state you live in. They will handle ensuring the will is filed to get the process of probate started. They do all the administrative tasks. They have certain powers granted to them. Probate means proving to the court with a probate attorney in Brandon, FL, that you know what you want to happen to your assets when you pass.
The court will look at whether there is a will or not. They are the ones to make a final ruling on how assets are distributed. Each state has its own rules about how estates are probated that look at things like if there is a will, how many heirs there are, the size of the estate, if they are leaving property, how many vehicles are included, if they have taxes or debt to pay and if there is a living partner left behind. If you die without leaving a will or the will is legally invalid this is referred to as having died intestate. In this situation, if there are assets the court will place an administrator in place who has to find heirs, pay off debt and so on.
An estate planning attorney can help
An probate lawyer in Brandon, FL, elder attorney or estate planning attorney can help with this process. There are a lot of laws to understand, processes to go through, documents to fill in and deadlines to meet. With a trusted and experienced attorney you can have the support you need, turn to someone for their knowledge and advice and ensure things are filed correctly and on time. Even when the estate is simple it can help to have someone with training and experience to be there.
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