What Services Do You Need?
One of the first things to you need to know when approaching a probate attorney for help is what you need help with. You may or may not know what specific area of probate law that you need assistance with. Nevertheless, when you meet with a probate attorney and describe your probate issue, they will be able to assist you. How much do probate attorneys charge? That depends on what legal services you need. A probate attorney can help you with many issues. Once you figured out what services you need, it is easier to discover how much do probate attorneys charge. So, what can a probate attorney help you with?
What Can a Probate Attorney Help You With?
A probate attorney can help you with many different areas of probate law. For instance, you may need assistance if you are a personal representative. On the other hand, you may need the assistance of a probate attorney if you are a beneficiary of a will and you have questions regarding the validity of the will. How much do probate attorneys charge? It entirely depends on what legal assistance you need. For instance, what if you have any questions regarding a simultaneous death issue? There is a simultaneous death law discussed in the probate code. That is what a probate attorney would reference, in addition to any pertinent case law. According to Florida Statute 732.601:
“732.601 Simultaneous Death Law.—Unless a contrary intention appears in the governing instrument:
(1) When title to property or its devolution depends on priority of death and there is insufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if that person survived.
(2) When two or more beneficiaries are designated to take successively by reason of survivorship under another person’s disposition of property and there is insufficient evidence that the beneficiaries died otherwise than simultaneously, the property thus disposed of shall be divided into as many equal parts as there are successive beneficiaries and the parts shall be distributed to those who would have taken if each designated beneficiary had survived.
(3) When there is insufficient evidence that two joint tenants or tenants by the entirety died otherwise than simultaneously, the property so held shall be distributed one-half as if one had survived and one-half as if the other had survived. If there are more than two joint tenants and all of them so died, the property thus distributed shall be in the proportion that one bears to the number of joint tenants.
(4) When the insured and the beneficiary in a policy of life or accident insurance have died and there is insufficient evidence that they died otherwise than simultaneously, the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.” (2018).
Besides the example above, what if you have questions about types of probate besides the formal administration? You may have heard of summary administration. Florida Statute 735.206 is what a probate attorney would reference during a discussion on summary administration. According to the probate code, Florida Statute 735.206 states:
“735.206 Summary administration distribution.—
(1) Upon the filing of the petition for summary administration, the will, if any, shall be proved in accordance with chapter 733 and be admitted to probate.
(2) Prior to entry of the order of summary administration, the petitioner shall make a diligent search and reasonable inquiry for any known or reasonably ascertainable creditors, serve a copy of the petition on those creditors, and make provision for payment for those creditors to the extent that assets are available.
(3) The court may enter an order of summary administration allowing immediate distribution of the assets to the persons entitled to them.
(4) The order of summary administration and distribution so entered shall have the following effect:
(a) Those to whom specified parts of the decedent’s estate, including exempt property, are assigned by the order shall be entitled to receive and collect the parts and to have the parts transferred to them. They may maintain actions to enforce the right.
(b) Debtors of the decedent, those holding property of the decedent, and those with whom securities or other property of the decedent are registered are authorized and empowered to comply with the order by paying, delivering, or transferring to those specified in the order the parts of the decedent’s estate assigned to them by the order, and the persons so paying, delivering, or transferring shall not be accountable to anyone else for the property.
(c) After the entry of the order, bona fide purchasers for value from those to whom property of the decedent may be assigned by the order shall take the property free of all claims of creditors of the decedent and all rights of the surviving spouse and all other beneficiaries.
(d) Property of the decedent that is not exempt from claims of creditors and that remains in the hands of those to whom it may be assigned by the order shall continue to be liable for claims against the decedent until barred as provided in the code. Any known or reasonably ascertainable creditor who did not receive notice and for whom provision for payment was not made may enforce the claim and, if the creditor prevails, shall be awarded reasonable attorney’s fees as an element of costs against those who joined in the petition.
(e) The recipients of the decedent’s property under the order of summary administration shall be personally liable for a pro rata share of all lawful claims against the estate of the decedent, but only to the extent of the value of the estate of the decedent actually received by each recipient, exclusive of the property exempt from claims of creditors under the constitution and statutes of Florida.
(f) After 2 years from the death of the decedent, neither the decedent’s estate nor those to whom it may be assigned shall be liable for any claim against the decedent, unless proceedings have been taken for the enforcement of the claim.
(g) Any heir or devisee of the decedent who was lawfully entitled to share in the estate but who was not included in the order of summary administration and distribution may enforce all rights in appropriate proceedings against those who procured the order and, if successful, shall be awarded reasonable attorney’s fees as an element of costs.” (2018).
The statutes and possible issues posed above help us get a glimpse into the wide world of probate law, and what probate attorneys may charge depending on what you assistance you need.
How Much Do Probate Attorneys Charge?
Determining how much probate attorneys charge depends on the services that you need from a probate attorney. Probate attorneys can help you with a number of different legal services including validity of a will, some of what is stated above, and any other issue dealing with probate administration. How much do probate attorneys charge? One of the best ways to find out is to contact a probate attorney about the legal services and fees.
How Much Do Probate Attorneys Charge? Ask Us at Bret Jones, P.A.
Based on your legal needs, we will let you know what you may expect to pay for legal services from us at Bret Jones, P.A. How much do probate attorneys charge? Contact us to find out more about our legal services and fees. Your first consultation with us is for free, so don’t wait to speak with us. Reach out to us today.
