Clearwater, Florida probate attorney, Carol A. Lawson, handles probate matters in Pinellas, Pasco and Hillsborough Counties. The death of a loved one can be a difficult time. Let us guide you through the legal process of settling your loved one’s estate. Probate is the legal process through which a deceased person’s last will and testament must be validated by a court. During the process, assets are accounted for, debts and taxes are paid, and remaining assets are distributed to heirs as the will requires.

Probate will make sure a person’s wishes are honored as they would have wanted them to be through the directions in their will. We are here to help you when a loved one has passed and assets need to be transferred to the beneficiaries. In Florida, the probate process can be very confusing and we are here to walk you through it.  There are four basic steps common in all Probate matters:

1. File a petition and give notice to heirs and beneficiaries;
2. Following appointment by the court, the personal representative must give notice to all known creditors of the estate and take an inventory of the estate property,
3. All estate and funeral expenses, debts and taxes must be paid from the estate,
4. Legal title in property is transferred according to the will or under the laws of intestacy (if the decedent did not have a will).
5. Assets are transferred in accordance with the will if the deceased person had a will.

Probate can sometimes be a simple process whereby the court validates a last will and testament, or it can be very complicated if family or another beneficiary disputes the will, or if there are ambiguities in the will. Other issues can also arise during probate. The probate lawyer in Clearwater, Florida at the Law Office of Carol A. Lawson can assist you with all aspects of the probate process.

Probate Problems in Clearwater, Florida?

While families will hope that probate goes smoothly (and in many cases, it does), there are some issues that can arise with probate that can cause problems. A probate law firm like the Law Office of Carol A. Lawson in Clearwater, Florida may be able to assist you with some of these issues. What are common probate problems?

• Executor Problems. When a person writes a will they must designate a person the executor of the estate. If the person named as executor cannot do the job or doesn’t want the job, the courts may need to intervene. Another issue that can happen is if the executor assigned to oversee probate does illegal activity or doesn’t manage assets with the beneficiary’s interests in mind. The Law Office of Carol A. Lawson is a probate law firm in Clearwater, Florida that may be able to assist you if there are issues with the executor.
• Another issue that can arise is a dispute about the value of property or the value of the estate. This can have a major impact on how the estate is taxed. There may be certain thresholds for valuing an estate, after which the estate becomes subject to estate tax. When families are facing large tax bills, making sure that the estate is properly appraised is essential, and making sure that estate planning mechanisms are in place can mean the difference between a smooth probate process and a difficult one that ends in a big tax bill. The Law Office of Carol A. Lawson is a probate law firm in Clearwater, Florida that may be able to assist you with this process, and can help you with estate planning to prevent issues during probate involving valuation.
• Disputes About the Will. If there are multiple versions of a will and it isn’t clear which one is the valid one or if the will was re-written when the deceased person was incapacitated, disputes about the will can arise. This can be particularly challenging if a person disinherited a family member or if the will has idiosyncratic provisions. The best way to prevent disputes regarding a will is to ensure that a will is properly written and signed. Yet, when disputes arise during probate, a probate lawyer like the attorney at the Law Office of Carol A. Lawson may be able to help.
• Debtors Making Invalid Claims. Not all claims by debtors may be valid. Some may be made after the statute of limitations has passed or there may be disputes about whether the debt was owed. If debtors are making invalid claims or if a debtors’ claim is under question, the probate lawyer at the Law Office of Carol A. Lawson in Clearwater, Florida may be able to help.

These are just some of the issues that can arise during probate. If you have questions about the probate process, or need assistance because problems have arisen during probate, the probate lawyer Clearwater, Florida at the Law Office of Carol A. Lawson may be able to assist you.