Do I need a probate attorney? Well, some may say that that is a loaded question. It depends. Many people need probate attorneys for many different reasons. Perhaps you are a personal representative and you need assistance in following legal procedure. On the other hand, you may be contesting the validity of a will, and you need to seek legal advice. Alternatively, you may be the beneficiary of a will and you have newfound legal questions. No matter your position, it is possible that you may need a probate attorney for one of those reasons. The important note to take away is that probate attorneys practice in quite a few areas of probate law. As a result, if you think that you have a probate law issue at hand, then it is very likely that you need a probate attorney.
Why do we need attorneys?
Do I need a probate attorney? First, many people may ask you to consider this question: why do we hire attorneys in the first place? We hire attorneys because they are professionals. We go to an auto mechanic to fix our cars, and we go to the hair salon to cut our hair. Arguably, we may be able to tinker around with our car and/or our hair by ourselves, but the result is never really the same as getting help from a professional. In the same sense, it is often in your best interests to hire an attorney. Although you may see advertisements online that claim you can fill out forms yourself for different legal reasons, there are often many laws you may overlook when filling out forms for yourself. In addition, some areas of law require to you have an attorney for oversight. When it comes to probate law, if you wonder, “Do I need a probate attorney?”, you probably do.
How can a probate attorney help me? Some Examples
A probate attorney can help you in many ways. Of course, whether or not you need a probate attorney is unique to each person, as it depends on their particular set of circumstances. Do I need a probate attorney? You might need a probate attorney if you need help during probate administration. There are many issues that may arise during probate administration. For instance, what if someone is contesting a will? Who has the burden of proof if a will is being contested? In other words, who has the prove that the will is valid? Does the proponent of the will or the contestant of the will have the burden of proof? Can the burden of proof shift? These are good questions that can be answered in detail by a probate attorney. Of course, the basis of a probate attorney’s knowledge would be the Florida Statute dealing with the contest of a will. Let’s take a look. According to Florida Statute 733.107:
Burden of proof in contests; presumption of undue influence.—
“(1) In all proceedings contesting the validity of a will, the burden shall be upon the proponent of the will to establish prima facie its formal execution and attestation. A self-proving affidavit executed in accordance with s. 732.503 or an oath of an attesting witness executed as required in s. 733.201(2) is admissible and establishes prima facie the formal execution and attestation of the will. Thereafter, the contestant shall have the burden of establishing the grounds on which the probate of the will is opposed or revocation is sought.
(2) In any transaction or event to which the presumption of undue influence applies, the presumption implements public policy against abuse of fiduciary or confidential relationships and is therefore a presumption shifting the burden of proof under ss. 90.301-90.304.” (2018).
Here, we have the statute that a Florida probate attorney would reference to look into the burden of proof if a will was contested. In addition, a probate attorney would take a look at the facts presented, the statutes, and the case law to help a client if a will is being contested. This is one of the many issues that may arise during probate administration. A probate attorney can also help you with a number of other matters under probate administration.
It is quite possible that you may need a probate attorney for an area that we have yet to mention. If that is the case, then don’t worry. At Bret Jones, P.A., we would be glad to answer any questions for you, especially questions about probate law. Our passion for probate law spans all the multiple practices areas that probate law entails. Our passion fuels our talent in probate law, and we find pleasure in helping countless individuals and families with all their probate matters. If you have a probate law questions, contact us at Bret Jones. P.A. We do our utmost to help our clients.
How do we help people at Bret Jones, P.A.?
At Bret Jones, P.A., we help various clients in a number of ways. With our in-depth skills in probate law, it is easy to see why we love to do what we do. We excel at probate law because we find joy in helping our clients achieve their desired results. If there is ever a time when one of our clients needs more assistance than usual, we are more than happy to provide the extra care. If you are wondering, “Do I need a probate attorney?”, give us a call. Schedule a time to speak with an attorney at our office about your particular situation. Your first consultation with is us for free, so why wouldn’t you give it a try? During your free consultation with us at Bret Jones, P.A., we will help you decide whether or not you need a probate attorney. If you do not need the legal assistance of a probate attorney, then we can point you in the right direction as you continue. On the other hand, if you realize that you will need a probate attorney, you can speak with us about our practice areas within probate law. We’ve helped many people throughout the years with all their probate concerns.
Do I need a Probate Attorney?
Whether or not you need a probate attorney depends on your unique set of circumstances. That being said, the important note to take away is that probate attorneys practice many different facets of probate law. Probate law is like a large umbrella for smaller areas within probate law. Do I need a probate attorney? We hope that we’ve been able to glean some light on whether or not you need a probate attorney. As we have stated, the world of probate law covers quite a vast amount of areas. If you have any questions about probate law, reach out to us a Bret Jones, P.A. Schedule some time out of your day, and contact us. We can help you determine whether or not you need a probate attorney. Remember, your first consultation with us is free, so why not give us a call? We would be more than happy to help you discover whether or not you need a probate attorney.
