You may have heard of the term probate attorney before, and wondered exactly what a probate attorney is. A probate attorney practices quite a few areas in probate law. Some probate attorneys may be more proficient in certain areas of probate law. Nevertheless, many facets of probate law are interrelated, so a qualified probate attorney should fine with each practice area of probate.
Probate Attorney: An Attorney First & Foremost
First and foremost, let’s address the fact that a probate attorney is an attorney. In order to be licensed to practice law as an attorney, there are quite a few steps an attorney must take. In order to practice law, an attorney must have graduated from an accredited law school, passed the Bar examination, and been approved through a lengthy application process. Once this is done an attorney may be sworn in to practice law. After that, an attorney may start focusing on the type of law that they will practice. Sometimes, during law school, law students take courses and may have internships with certain law firms. Some law students get experience in different areas of law before they practice. After a law student has graduated law school, passed the bar, and been approved through the application process, they become an attorney. Attorneys have the choice to pursue any type of law they wish. An attorney can decide to practice criminal law, family law, probate law, or another type of law. Probate law is a type of law just like any other with statutes and court cases that set precedent. What is a probate attorney? As you may have guessed, a probate attorney practices probate law.
Probate Law: Covering a Lot of Ground
Now that we’ve discussed how probate attorneys are just like any other attorney that chooses to practice in a certain area, let’s take a look at probate law itself. What types of matters are covered in probate law? What are the types of things a probate attorney would do for a client? What is a probate attorney? A probate attorney covers a lot of ground. Some probate matters a probate attorney may address include: Probate Administration, Estate Planning, Wills & Trusts, Living Wills, Powers of Attorney, Preneed Guardian Designations, Health Care Surrogate and Designations, and more. So, what is a probate attorney? A probate attorney would assist clients in each of these areas of probate law. Many of them are interrelated and have much in common. For instance, wills and probate administration may have more in common than you think.
Commonalities: Wills and Probate Administration
When getting to the bottom of, “What is a probate attorney?”, we’ll delve into the practice areas of probate law. Many probate matters share common ground. When we see how they are interrelated, it helps us understand all the types of matters that probate attorneys address. In addition, it helps us answer the question, “What is a probate attorney?” How about the commonalities between wills and probate administration?
For a very basic definition, a will is a legal document that specifies how your assets are to be distributed upon your passing. The document also details any specific information about the “winding up of your affairs”. Wills can be very specific or they can more simplistic. In addition, it is important to note that no one should be disinterested in drafting a will because they don’t think they have enough assets or property to distribute. A will takes care of a lot of matters that a person may overlook. Furthermore, it helps ease the process of taking care of your affairs upon your passing. Once you have passed, it can be very burdensome for any surviving loved ones or family members if you pass without a will. If you do pass without a will, you will have died intestate. Each State, including the State of Florida, has specific statutes that detail what is to be done if a person passes away without a will. These statutes include who will receive any property you have upon your passing; this includes personal property,(such as jewelry, paintings, clothes), real estate, frequent flyer miles, and more. So, how do wills relate to probate administration? Here’s where it comes together.
To put it simply, probate administration is the process of collecting and distributing a person’s assets when they pass away. The person who passed away is called the “decedent”. You may also hear probate administration referred to as “probate”. Either way, whether you call it probate administration or probate, it is the same thing. Probate happens in court. How does this relate to wills? What do you think is followed by the court during the probate administration process? The will. The will is followed during probate administration. That being said, certain formalities must be followed in order for a person to have a valid will. This means that it must comply with Florida law. In order to make sure that your will complies with Florida law, you should consult with a probate attorney.
As you can see, wills and probate administration interrelate. We’ve barely scratched the surface on all that a probate attorney can do for a client, but this gives you a brief answer to, “What is a probate attorney?” As we’ve touched upon, a probate attorney can provide a myriad of services for a client. If you take the time to hire a great probate attorney, it will truly benefit you and your loved ones in the short and long term. By ensuring that you have hired someone who provides quality legal care, you know that you can rest assured that all of your wishes will be met. Often times, we can overlook things that have to deal with the far future. Nevertheless, the saying is true, there’s no time like the present. If you some time out of your day to address any probate matters with a probate attorney, it will benefit both you and your loved ones in the long run. There are a number of things that a probate attorney can help you with. Don’t hesitate to get help with your probate concerns today.
Wondering More About Probate Attorneys? Contact Us at Bret Jones, P.A.
What is a probate attorney? Hopefully, you’ve caught a glimpse of all the matters that probate attorneys address in probate law. This is at the heart of what a probate attorney is: what type of law an attorney practices. Of course, first and foremost, a probate attorney is an attorney. As with all attorneys, a probate attorney is an attorney who has decided to practice a certain area of law. A probate attorney covers a lot of ground. That being said, many of the matters that probate attorneys deal with are interrelated. If you or someone you know needs more information about probate attorneys, contact us at Bret Jones, P.A. Our team at Bret Jones P.A., both probate attorneys and legal staff, would be more than happy to answer any questions that you may have about probate law. Furthermore, your initial consultation with us is free. Take time out of your busy schedule to speak with us today, we’d be happy to hear from you.