Here is why it is important to have a Boca Raton and Palm Beach probate attorney on your side when you are dealing with will and probate situations. Whether writing a will, acting as an executor, or disputing an estate, the legal activities involving wills and probate can be some of the most significant that most individuals and their families will ever engage in.
Palm Beach & Broward Probate Attorney
If you have a loved one that left an estate that needs to be brought to Probate Court, at the law offices of Kristin Lettiere Coomber, P.A., we are able to handle both Testate (where the Decedent prepared a valid Will prior to death) and Intestate (the Decedent had no Will, or an invalid Will, at death) cases.
If you are uncertain whether the Decedent’s Will is valid, we have an experienced probate attorney Boca Raton available to review the Will with you. If the Decedent didn’t leave a valid Will, or the Will isn’t sufficient to be admitted to Court, the laws of Intestate are structured so that the assets are distributed, while taking into account homestead property, first to the surviving spouse and minor children, then to children, and if none, then to parents and siblings.
Many people are of the belief that what is written in the Decedent’s Will is the only determining factor in how their assets are distributed, when in fact there are very stringent (and often complex) laws surrounding inherited property. Spouses have the right to an elective share of 30% of the decedent’s assets, in addition to homestead entitlement (i.e. a life estate in the homestead), with the remainder to minor children. Surviving spouses may instead choose to take a ½ ownership interest with minor children.
While it is important to know that probate administration will distribute assets to heirs, it is also important to keep in mind that generally creditors have the right to be paid from non-homestead assets. In order to ensure that the estate can be fulfilled to the fullest extent of the laws in your region, it is critical that you have a probate attorney Palm Beach well-versed in wills and probate law.
Many people experience the temptation to use self-serve legal resources that they find online. Certainly, you will save some money up front—at least at first—if you choose to manage your will yourself via free resources or create-your-own will software. But there will be far less likelihood that your wishes will be honoured. Our clients typically receive a package of five planning documents: their will, a durable power of attorney, a living will, a health care surrogate form, and an appointment of a pre-need guardian. While you may be able to find and navigate these forms on your own, it’s not advisable to do so without an experienced legal advisor for probate Boca Raton. In addition to their inherent complexity, many of the legal matters these forms are concerned with are updated, changed, and revised regularly. For example, the statues related to durable power of attorney (DPOA) were recently revised so that the principal could bestow a number of different powers to the agent to act on their behalf. However, these powers must be specifically and affirmatively selected by the principal. The form is frequently five pages long, or even longer. Furthermore, those that had drafted a DPOA prior to the changes should have their paperwork reviewed to ensure that their agent has the powers they originally intended.
Probate Attorney Fort Lauderdale and Broward
Our Boca Raton and Palm Beach probate attorney and estate planning lawyers, however, will be motivated to help preserve your estate and ensure that your desires are fulfilled. If you already have an estate plan, we are able to assist in amending your current documents or redrafting if amending would not be appropriate. Perhaps you only need an update of your Durable Power of Attorney; Florida legislature recently changed the law allowing Durable Powers of Attorney to grant an array of powers to their Attorney-In-Fact which powers you can select to be tailored to fit your needs.
Probate Boca Raton
Need a probate attorney Fort Lauderdale or Palm Beach County? In order to protect your family, be in control of how you live your life, and how your assets are distributed to your loved ones, contact the law firm of Kristin Lettiere Coomber, P.A. to schedule an appointment to draft or review your current estate planning documents. If you don’t have an estate plan, we can guide you to the best estate plan for you, such as drafting a Last Will and Testament, Health Care Surrogate, Durable Power of Attorney and/or Living Will, for example. A probate attorney Boca Raton you can count on, call us at (561) 962-2214 to schedule an appointment for review of your current estate plan.