Probate is one of the most important aspects of estates. Probate involves an agreement between the parties to a Will, where the agent or attorney who executed the document (the executor) is given the authority to settle the estate, upon the demise of the principal. There are two types of probate, and there are different procedures in each type. One type is a formal probate and the other type is informal probate. This article is going to help you understand the differences between these two types of probate and what you can expect when you are working with an estate attorney in this area.
In formal probate procedures, the executor is usually paid his or her salary and is paid for the responsibility of carrying out the wishes of the deceased person. He or she is also the one responsible for filing taxes and making sure that all tax issues are taken care of. The will has to be signed by the principal, followed by the tests of probate. If a person dies before signing the will, a power of attorney will have to be signed by another person and the will not take precedence over the powers of attorney previously created. When a probate hearing is held, then the person who had the power of attorney dies, and the powers of attorney are terminated.
In informal probate, the process continues in much the same way as it did when the person died. The person who was actually designated as having control of the estate attends the hearings, and is usually represented by a probate attorney. The attorney will do everything he or she can to explain the situation and make sure that everything is taken care of under the probate laws. It’s still very important that the person execute a Will or have one made if he or she doesn’t already have one. Probate hearings don’t really go over the whole estate, they just deal with the actual probate procedures.
Probate can be an extremely expensive process if it goes terribly wrong or the wrong people gain control of it. For example, suppose you die and your spouse had no power of attorney, but had somehow obtained the power of attorney anyway and used it to make sure their kids would inherit their father’s estate. This could easily happen in probate court. Even if the probate judge rules in favor of the children, there may be huge ramifications since it could be a case of fraud if the person who fraudulently gained the power of attorney was someone the person had known or had been in contact with. It’s not something I would recommend dealing with lightly, but it does happen and it could be extremely costly if it turns out to be fraud.
Probate can be a messy process to get through especially if it’s happens to be someone we’re close to die. One way to make sure the entire process goes smoothly is to make sure you have a qualified attorney like the Miami probate lawyer. Qualified probate attorneys are knowledgeable about the probate procedure and can help you to settle any issues before they become a problem. If at all possible, seek out someone who has already worked through probate with their client and has nothing to worry about – it will make everything go a lot smoother for everyone concerned.
The probate process may seem tedious and time consuming, but it really isn’t. The entire purpose of the probate process is to make sure that whoever is left behind has enough money to live on until they can get on their own. It’s a sad reality, but there are people dying and they need to get their affairs in order, and probate is one way to do it. In fact, probate can be an excellent way to secure your loved ones’ estates if you can avoid it happening to them.