Top Sarasota Probate Attorney Reveals The Key Factors That Make A Successful Probate Case

Probate is the process of managing another person’s property when they can no longer do so themselves. It usually happens after someone has died, but it can also take place if a person is deemed unfit to manage their own assets. 

There are many ways that probate may be initiated and managed, and each case will have different factors. A successful probate lawyer must understand the nuances of their client’s situation and present them in the best light possible to ensure the process goes smoothly. Read on for tips on what makes a successful probate case from experienced Sarasota probate attorney Mary King.

The Basics of a Successful Probate Case

A successful probate case will conclude with the administrator of the estate distributing the assets according to the deceased’s wishes. If there’s no will, the law will specify who inherits the assets. 

It’s helpful to keep in mind that probate isn’t the same thing as a will, although the two issues can sometimes be tied together. A probate attorney deals with the legal aspect of administering an estate, whereas a wills and trusts attorney focuses on creating an estate plan. A successful probate case should be as hassle-free as possible for your client. 

That means there should be as few roadblocks and as little time wasted as possible in the process. If there are specific assets that will be distributed immediately because they pose a risk to the owner, the probate attorney can ask the court to distribute them without waiting for the full probate to be completed. If the full probate process gets completed, the court will distribute the rest of the assets after the final order is issued.

Debts and Taxes

When someone dies, the executor of their estate is responsible for paying off their debts. If there’s no probate, the debts are paid by the person who inherits the assets. For example, if the deceased person owned a house but left no will, the new owner would be responsible for the mortgage. But if there is a probate case, the executor is responsible for that debt. If there’s not enough money in the estate to pay off the deceased person’s debts, the creditors can go after the assets of the beneficiaries. 

A successful probate attorney will make sure all debts are listed and accounted for. If there’s a specific debt that requires immediate payment, such as a funeral bill or property taxes that must be paid, a probate attorney can ask the court to authorize the payment. However, if the probate is pending, the court might not authorize the payment since it may not yet know the amount of the estate.

Pending Litigation and Assumed Responsibilities

Any time there’s a lawsuit pending against an individual, it’s good practice to assume the defendant will lose. A probate attorney will want to be sure that any lawsuits against the deceased person are settled before completing the probate. If the plaintiff wins a judgment, the court can issue a writ of execution that orders the executor of the deceased person’s estate to pay it. If the executor doesn’t have the funds to pay the judgment, they can be held in contempt of court and jailed. 

If there are lawsuits pending against the deceased person, a probate attorney should seek to have the cases dismissed and the judgments vacated. If the deceased person had a contract to buy or sell property and they haven’t completed their obligation, an assumption of responsibility clause can be added to the contract. 

This lets the other person know that the original contract is still in effect, even though the deceased person can’t complete it. An assumption of responsibility clause can be added to a contract to cover many situations, including death.

Proper Identification of the Decedent’s Assets

A successful probate attorney will know what assets are in the estate and how to properly identify them. There are many ways that property can be titled in Florida, so it’s important for the probate attorney to know how each asset is titled. For example, a car may be titled in joint tenancy with another person, and that other person would receive the car in a probate case. 

If the car is titled to the deceased person as an individual, they’ll receive the car in a probate case. If the deceased person owned real estate, it would have to be transferred through probate. In the Sarasota area, this is handled by the Clerk of Court. The probate attorney would file the appropriate paperwork to make sure the property is transferred to the estate. The real estate would then be distributed as specified in the will.

Familiarity with the Court and Process

In Florida, probate cases are heard in the circuit court in the county where the deceased person lived. One of the most important factors in a successful probate case is that the court has to authorize the probate. While the executor can begin the probate process on their own, they can’t complete it without court approval. 

For that reason, it’s important for the probate attorney to know the court and be familiar with the process. They can make sure the probate attorney presents any issues or objections in a way that the court will understand. A well-prepared probate attorney will know what the court needs to see in order to approve the probate and make the process go smoothly.

The Estate Will Be Distributed as Specified in the Will

It’s natural for family members to have their own ideas about how the estate should be distributed. But the probate attorney should remind them that the court will distribute the assets according to the will. There’s no reason to argue about who should receive what. 

If there’s a will, everyone will be included in the distribution. The probate attorney should try to stay on track and not get caught up in family arguments. If there are disagreements, they can be discussed at the will and trust conference. During the probate process, it’s important to keep the focus on what the court expects.

Contact Sarasota Probate Attorney Mary King Today

If you are handling a probate case in Sarasota or if you are thinking about starting one, it’s important to have an experienced Sarasota probate attorney on your side. Probate cases can be complex, and they often involve a lot of money. That’s why you need an attorney who knows the ins and outs of probate law and who can help you navigate the process.

Sarasota probate attorney Mary King has been handling probate cases for over 20 years. During that time, she has helped many people successfully resolve their probate cases. She knows what it takes to win a probate case, and she can help you, too.

Call: 941-906-7585

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The information in this blog post is for reference only and not legal advice. As such, you should not decide whether to contact a lawyer based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.