Stuart, FL Probate Attorney

Probate Work for Individuals

No two probate administrations are exactly the same; they can arise in different manners, involve different interpersonal dynamics, and raise novel legal and practical questions. In many cases, a loved one passes on and leaves his or her estate behind. The individual’s estate then goes into “probate” before the individual’s assets are addressed and/or disbursed. This is when an attorney steps in.

Even if your loved one left a will with specific instructions on what to do with their debts and assets, the act of carrying out those wishes can be extremely time-consuming and burdensome, especially while you are also grieving. Having an experienced attorney on your side to guide you can help make the process as easy as possible.

Probate Work for Attorneys

There are many reasons why other fellow attorneys reach out to us for probate work. They may practice law in another jurisdiction and need local counsel to appear in probate court or want to have an executor who is familiar with local resources to help with the valuation or selling property.

The legal team at Travis Walker can serve as local counsel and as a liaison between other counsel and the probate court. We can also serve as an executor in probate matters in this area. Our team has access to local resources throughout the Stuart, Florida, and Palm Beach, Florida areas that may not be available to you otherwise. Our team can be an invaluable resource to your clients or even to you personally.

• Personal injury claims – If the deceased person had a valid personal injury claim at the time of death, Florida law permits the claim to go forward. A personal injury lawsuit against the estate of the deceased may also continue after death. However, there are special procedural steps that the personal representative of the estate must follow to comply with civil procedure and probate rules.
• Valuing unique property – Determining an accurate value of an estate is necessary to determine whether estate taxes will be assessed and if so, how much. It can also impact how property is distributed among beneficiaries. Special items, including art, collectibles, intellectual property rights, and digital assets, can require an expert opinion but rules affect who is qualified to act as an appraiser.
• Breaches of duty – The personal representative of an estate is under a fiduciary duty to act in the best interest of the beneficiaries. When this does not happen, the beneficiaries may have a claim for breach of fiduciary duty against the representative. If the dispute involves fraud, duress, or similar wrongdoing, it may amount to tortious interference with inheritance.

• Will contests – In Florida, an “interested person” – including heirs, beneficiaries, and creditors – can contest the validity of the will. The most common grounds for contest are that the person making the will lacked capacity, that the will was executed when the person making it was under undue influence, or that the will did not meet the required legal formalities to be valid in Florida. This can even lead to probate litigation.
• Inheritance by minor children – Parents and grandparents often prefer to name minor children as beneficiaries under a will but Florida law limits how much money a minor can receive directly. The parents of a minor to whom up to $15,000 has been left may receive the money on the child’s behalf but an amount of $15,000 or more must go through a guardianship proceeding. It is important to speak with a family law attorney in Stuart, FL to ensure that any inheritance by a minor complies with the law.

Not all probate problems are foreseen but many can be avoided through competent estate planning and an understanding of Florida probate administration. Our firm can help you spot potential issues and effectively address those that emerge during administration.