When a loved one passes away, it is difficult for surviving family members as they mourn their unimaginable loss. Throughout the grieving process, emotions between the decedent’s family members may run high. As a result, this makes the probate process especially likely to spark animosity among loved ones. Whether there is an issue regarding a deceased family member’s last will and testament or if there are multiple heirs, should a dispute arise, it may be emotionally challenging for those involved. However, when you secure the help of a probate law firm, they can work with you and your loved ones to help you pursue fair outcomes in an efficient and amicable manner.

At The Law Offices of Daryl L. Jones, P.A, Attorney Faequa A. Khan, is dedicated to helping clients in South Florida, who may have to pursue probate litigation after losing a family member. No one wants to go through a legal dispute after losing a loved one. However, this is often the reality for families when it comes to the decedent’s last will and testament. This is also often the case if the deceased individual has no will or trust. To successfully navigate the probate process in Florida, come work with one of our experienced probate lawyers.

What Types of Probate Cases Do Our Lawyers Handle?

A last will and testament may be an important step for some persons to take while they are alive. A will can ensure your wishes are honored regarding who will inherit your estate. Other ways to ensure your wishes are honored may include a trust, deeds, or other tools. Unfortunately, many people do not prepare their estate for their heirs and beneficiaries. It is not unusual for certain heirs or beneficiaries to have issues with the final will when it comes time to collect their inheritance. As a result of these issues, a dispute may arise in court during the probate.

In the state of Florida, Attorney Faequa A. Khan has extensive experience handling various types of probate cases, and in preparing to avoid the expense of probate. When probate cannot be avoided our legal team at The Law Offices of Daryl L. Jones, P.A handles the following types of probate cases:

• Designation of guardians for minors and individuals who are not able to take care of themselves
• Allocation of resources, personal and real properties of a deceased individual
• Evaluation and management of a person who is mentally ill

If you are considering bringing a probate case to court, Attorney Faequa A. Khan may help you understand whether you fit the qualifications to file a petition with the probate court.

Are You Eligible to File a Petition With Probate Court in Florida?

According to Florida’s probate law, only interested parties with valid legal reasons may file a petition with the probate court. Florida’s Probate Code identifies interested parties as the following:

• Heirs, also referred to as direct family members
• Beneficiaries
• Creditors
• Another party who has a property right or claim against the estate being administered

It is important to note that being considered an interested party under probate law is not enough to file a petition with the probate court. If you are considered an interested party, you must also have on of the following valid legal reasons to file the petition:

• Incapacity of the deceased person when they wrote their will
• Inappropriate or insufficient witnesses
• Fraud or an individual exuding undue influence over the testator
• The existence of a later valid will than the one currently being used
• Unclear provisions of the will

If you are not sure whether you qualify as an interested party with a valid legal reason to petition in probate court, contact The Law Offices of Daryl L. Jones, P.A, as soon as possible.

Understanding the Steps of Florida’s Probate Process

While many people may believe that having a will helps you avoid probate in the future, that is not the case. While the terms of an existing will may guide probate and make the process easier, it is still a lengthy process that may be emotionally taxing for those involved. The steps of the probate process are as follows:

• Meet with an attorney to discuss the details of your case
• File a petition with the probate court
• Notify the deceased individual’s creditors
• Conduct an inventory of the deceased’s estate
• Close the creditor period and pay any valid debts
• File and pay the estate taxes
• Conduct the final estate accounting
• Distribute the remaining assets to any beneficiaries
• Close the estate

The probate process can be overwhelming to those involved. However, you do not have to go through these steps on your own. Attorney Faequa A. Khan has the skills and experience to help you through each of the nine probate process steps. 

Speak With a Probate Lawyer as Soon as Possible

The Law Offices of Daryl L. Jones, P.A is a South Florida law firm dedicated to helping clients in South Florida who are going through the probate process. Attorney Faequa A. Khan and her team are passionate about providing you with the trusted representation you deserve. To schedule a free initial strategy session, contact us here or call 305-969-3602.