St. Augustine Probate Attorneys

Let Our Firm Protect Your Estate & Family

After the death of a family member, you may be overwhelmed by the process of administering their estate. In most cases, property owners’ assets will go into probate when they pass away. This is true even if they have a will. Probate can be a messy time, with family disputes escalating and unexpected legal questions arising. You don’t have to do this alone—and in fact, if you try to, you may miss important steps that can help preserve the estate of your loved one.

Probate involves various legal and financial elements that necessitate a thorough understanding of state regulations. Working with a St. Augustine probate attorney can help you navigate complicated procedures such as validating the will, inventorying your loved one's assets, and dealing with any outstanding debts or taxes. By ensuring each step is executed correctly and efficiently, you can safeguard your family member's last wishes and minimize delays or disputes.

Our probate attorneys have helped thousands of families through this difficult time. We can answer your questions, help you bring any legal action necessary, and guide you through the 4 steps of the probate process.

Our St. Augustine team offers free, no-obligation initial consultations to those in the probate process. Contact us at (904) 674-8779 if you’re looking for advice.

How a St. Augustine Probate Lawyer Can Help You

When an estate goes into probate, you may discover unforeseen difficulties executing the wishes of the deceased. In some cases, family members may dispute the will and/or the identity of the personal representative. In others, you may be the one to raise a concern if you observe irregularities in the process.

Even if everything seems to be going smoothly, it is likely in your best interest to hire a probate lawyer. The financial processes involved are often complex and best taken on by a trained professional. Having a third party to assist with the administration, especially one who is not under the same emotional strain as you and your loved ones, can take a burden off your shoulders.

Our team can help you with legal issues including:

• **Contesting a Will:** Our probate lawyers provide insights and legal support to contest a will if discrepancies or unfair practices are suspected.
• **Removal of Fiduciary:** If a fiduciary is not acting in the best interest of the estate, we can help initiate proceedings to have them removed.
• **Estate Management:** We guide executors in accurate estate management to fulfill their duties confidently and legally.
• **Disputes Among Survivors:** Our attorneys mediate disputes between heirs to achieve amicable resolutions that respect the intentions of the deceased.

and more. We can also take proactive measures to protect the estate and resolve any potential issues.

Choosing an attorney like ours provides peace of mind knowing that every detail, from tax implications to beneficiary disputes, is being expertly managed. This approach not only ensures compliance with Florida probate law but also respects and preserves family harmony by minimizing contentious interactions.

Assessing the Validity of a Will

It’s common for unhappy heirs to claim a will is not valid, and either substantiating or disproving these claims can take a lot of work. A valid will meets the following stipulations:

• It is in the correct form: printed, typewritten, or handwritten
• It is signed and dated by the creator or properly signed by a representative
• It is signed by two witnesses who agree that the creator was sound of mind and free of outside influence

Some of these points are easier to prove than others. In a dispute, take advantage of our experience in establishing the authenticity of legal documents. If you have questions, we can help you find the answers.

Our attorneys are adept at handling disputes regarding will validity by presenting comprehensive evidence and expert testimony when necessary. We understand the sensitive nature of these disputes and aim to resolve them swiftly and respectfully, ensuring all parties understand the legal requirements and the rationale behind a will's authenticity.

Addressing a Lost or Missing Will

Even if your loved one created and signed a valid will, if it cannot be found, it cannot be executed. There are multiple outcomes in such a situation. Your best bet may be finding a copy that can be validated in court. If you cannot do so, a third party who does not stand to benefit (such as an estate lawyer) may be able to attest to the contents of the will.

Failing to find a will won’t result in a total loss of the estate: Florida law includes a provision for dividing assets to immediately related parties. However, you may find yourself receiving much less under such a system.

Navigating a situation with a lost or missing will can be challenging. Our goal is to support you in finding alternative ways to honor the deceased's intentions. Exploring all avenues, such as seeking corroboration from informed witnesses or pursuing an order of intestacy, ensures that the estate distribution aligns as closely as possible with the original wishes of your loved one.

Asset Valuation

Probate taxes can take a large chunk out of an estate, especially if it is highly valued. Our probate attorneys can help you avoid that loss by determining the best way to evaluate holdings—especially real estate and shares of stocks. By making a will, your loved one indicated their desire for their estate to provide for you and other family members. We can help you fulfill that desire by reducing its tax liability.

Inefficient valuation processes can lead to excessive taxation and distortion of estate value. Our legal team employs strategic asset assessments, utilizing thorough market analysis and expert appraisers when needed. This ensures that every asset is fairly and accurately valued, potentially minimizing tax implications and safeguarding the intended provision for beneficiaries.

Understanding Florida Probate Laws with a St. Augustine Probate Lawyer

Probate laws in Florida are intricate and can significantly impact the administration of an estate. Florida requires that the probate process be initiated soon after a person's passing, typically within ten days. Additionally, state law mandates that a qualified probate attorney must be involved in most probate proceedings, except for estates that value less than $75,000 or those with no real estate holdings. At Owenby Law, P.A., we are well-versed in these requirements and ensure all processes comply with the state statutes to avoid any legal setbacks.

Another critical aspect of Florida probate law is that it adopts the Uniform Probate Code, intending to make the state's probate process uniform with those in other states that follow the same guidelines. This adoption aids in reducing complications arising from interstate estate claims. However, Florida's homestead laws often intersect with probate, which can shield the family home from creditors, providing additional protection for heirs. Navigating these laws requires a deep understanding and keen attention to detail, both of which are strengths of our practice.

Probate Litigation & Dispute Resolution with a St. Augustine Probate Litigation Lawyer

Probate litigation in St. Augustine often involves challenging will provisions, disputing fiduciary actions, or contesting asset distributions. At Owenby Law, P.A., we understand that emotions run high during these disputes, which is why we approach each situation with sensitivity and professionalism. Our attorneys work diligently to mediate disputes outside of court when possible, saving families both time and financial resources. With our guidance, many clients have resolved disputes amicably through effective communication and legal negotiation.

In situations where litigation becomes necessary, we are prepared to rigorously defend our clients' interests. Probate litigation could stem from ambiguous will language, suspected undue influence, or questions regarding the executor's performance. Regardless of the issue, we provide comprehensive support, from gathering necessary evidence to delivering persuasive arguments in court. Our involvement often leads to resolutions that respect both the legal principles at stake and the familial relationships involved, ensuring that justice is served compassionately and effectively.

Answers to Your Probate Questions with a St. Augustine Probate Attorney

What Happens If Someone Dies Without a Will in Florida?

When a Floridian dies without a will, their estate is subject to the state's intestacy laws. This means the deceased's assets are distributed to eligible heirs according to a predefined hierarchy established by Florida law. Typically, the surviving spouse is the first to inherit, followed by children, parents, and then more distant relatives. Each category of potential heirs must meet specific legal criteria to inherit, and disputes may arise if a potential heir’s legitimacy is challenged. In such cases, probate litigation may become necessary to resolve disputes over rightful inheritance. Our attorneys at Owenby Law, P.A. help clients understand and navigate these complex scenarios, offering insights into potential legal challenges and helping find resolutions aligned to Floridian statutes.

How Long Does the Probate Process Take in St. Augustine?

The duration of the probate process can vary significantly based on several factors, including the estate's complexity, the presence of disputes, and the efficiency of the court system. In St. Augustine, probate typically ranges from six months to over a year. Simpler estates with no disputes may proceed quicker, while those with extensive assets or contested elements can span a longer timeline. Our probate attorneys work diligently to expedite the process by ensuring all documentation is correct and submitted timely, reducing the risk of unnecessary delays. By understanding the intricacies of the local probate process, we help families navigate each step, minimizing the overall time required to finalize the estate.

Who Can Contest a Will in Florida?

In Florida, certain individuals have the legal standing to contest a will. Primarily, beneficiaries named in the will, intestate heirs, and creditors of the estate may all have grounds to file a will contest. Common reasons for contesting a will include allegations of undue influence, lack of testamentary capacity, and procedural errors in the will's execution. Successfully contesting a will involves a complex legal process requiring substantial evidence. At Owenby Law, P.A., we assist clients to carefully evaluate the merits of a will contest, compile necessary evidence, and present compelling arguments, ensuring the challenge is met with thorough preparation.

What Are the Costs Involved in the Probate Process?

Costs associated with the probate process can vary widely based on the estate's size, the level of court involvement, and attorney fees. Common expenses include court filing fees, executor fees, accounting fees, and potential litigation costs. Although some costs are unavoidable, our team at Owenby Law, P.A. strives to offer clarity and transparency in our fee structures, helping clients understand likely expenses up front. We aim to make the probate process as cost-effective as possible by emphasizing efficient handling and minimizing unnecessary procedural steps.

How Can a Probate Attorney Assist with Estate Taxes?

One of the more complex aspects of managing an estate is addressing tax obligations, including potential estate taxes. While Florida does not impose an estate tax, federal estate tax laws may still apply depending on the valuation of the estate. Our probate attorneys help clients understand applicable tax laws, identify assets that may be susceptible to taxation, and develop strategies to minimize liabilities. We diligently assess the estate's financial holdings and advise on potential avenues to protect wealth transfers, ensuring beneficiaries receive the maximum intended benefit. Our goal is to reduce stress during what can be a complex process, guiding families through each tax-related decision with clarity and care.

Our Caring Attorneys Are Here to Help with Probate Needs

We understand how difficult it can be to go through probate when you are mourning the loss of a loved one. Our attorneys can help by taking the work off your hands. We’ve helped many other families in St. Augustine through sensitive times, and we can do the same for you.

Our commitment is to provide compassionate, comprehensive support tailored to each family’s situation. We prioritize understanding your unique circumstances and goals, ensuring our services align with your needs while providing clear, consistent communication throughout the probate process. By doing so, we help relieve the stress associated with managing an estate during a period of mourning.

Call Owenby Law, P.A. at (904) 674-8779 for a free initial consultation.