How To Choose A Probate Attorney In Florida?

Nowadays, many lawyers tend to limit their services to a specific scope. The state of Florida is no exception to this tendency, as attorneys are opting to specialize more and more in certain areas of the law. 

Traditionally, a probate attorney is typically a lawyer who has spent plenty of time opening probates, filing wills, and helping to gather the assets of deceased individuals. 

But how to decide if a probate attorney is whether necessary or not for your case? In this article, we will show in which cases a probate attorney is needed and what their competencies are. 

Back to Basics – What a Probate Lawyer Does in Florida? 

Also known as trust attorneys, probate attorneys in Florida must follow the guidelines provided by the Florida Probate Rules and the Florida Probate Code. 

Generally, a probate attorney will work by:

• Helping executors or administrators to manage the probate process. 
• Drafting wills and living trusts.
• Providing expert advice on the usage of Power of Attorney.
• Helping with estate planning. 
• Serving as an executor or administrator, in some particular cases. 

What Type of Service do You Need Specifically? 

Nonetheless, the term “probate attorney” is still a broad term, so you also need to ask yourself what type of service you need. 

Hence, to check if your case requires the help of a probate attorney, you can ask yourself some simple questions. You need to determine if you need a lawyer to help you:

• to write your estate plan.
• to solve a simple dispute between relatives (e.g. siblings), or someone like a mom or father’s spouse, over a revocable trust of your parents.
• to defend or file a will contest/challenge to the probate of a will, based on fraud or other legal misdeeds.
• to help you with a recently deceased loved one’s property.

After determining what you need, ask the attorney some basic questions to check his references and background. This way, you will be able to make the best choice for your case. 

Do Not Be Ashamed to Ask Questions

Although many lawyers in Florida denominate themselves as “probate attorneys”, there is a difference between an expert and a non-specialized lawyer. 

When hiring a probate lawyer, ask him/her:

• Have you ever been in a case?
• Have you ever set inheritance disputes and probate disputes for a trial?
• Have you ever handle trials before? 
• Have you experienced a multi-day trial in probate court?
• Have you ever had to deal with a challenge to a codicil? 

For those unaware, a codicil is a written amendment or addition to an existing will. 

A well-versed probate lawyer will be constantly exposed to complex situations, such as a multi-day trial over a will contest, or even a trust amendment based on degenerative brain disease.

Hence, you will need someone who has the required experience to guide and instruct you throughout your case. 

What to Consider When Hiring a Probate Attorney in Florida 

Dealing with probate law is not an easy task. In Florida, it is common to see people losing their minds over family-related issues.

Seek guidance from someone who has enough experience in the matter. You do not necessarily need to find someone who has 20 years of practice or more, but find someone who is:

• Well-versed in the Florida Probate Rules and the Florida Probate Code.
• Guided by the Florida Evidence Code and the Rules of Civil Procedure. 
• Experienced with court trials. 

Any case involving a trust document, a will, a codicil, or even a challenge to a will may require an expert probate attorney to handle the litigation properly. 

A Probate Attorney Must Know How to Deal with Complexities and Details 

Regardless of your situation, you need a probate trial attorney who can handle trials in Florida in charge of a solid and well-put strategy. Unfortunately, many probate lawyers simply resume their work to writing wills, which is far from ideal. 

Dealing with probate litigations and lawsuits may involve various factors, so a probate attorney needs to know what to do in case you need to either settle it, go to a court trial, or have a probate appeal.

Most probate litigations involve relatives in-fighting for a loved one’s property, which includes siblings, adult step-children, and step-parents. 

Such type of dispute may involve many different assets, such as bank accounts, real estate, valuable art pieces, family-owned businesses, revocable trusts, or even a Florida Homestead. 

Plus, an expert probate attorney needs to know:

• How to question witnesses at a probate trial properly. 
• How to get medical records into evidence while dealing with objections from the opposition. 
• How to draft and organize all necessary paperwork, while guiding the client throughout the litigation to ensure a successful outcome. 

Be Guided By an Expert Probate Attorney from Jurado & Farshchian, P.L.

Dealing with cases involving probate and wealth management is certainly time-consuming and requires a strategic approach. 

Talk to us today by calling (305) 921-0440 or emailing [email protected] to schedule a consultation.