Delray Beach Probate Lawyer
If you need a probate lawyer in Delray Beach to help with probate administration, to transfer assets from an Estate, to assist with a life insurance policy, or any probate dispute arising out of property or a person's death who lived in Delray Beach, Florida, contact a probate lawyer at the Law Offices of Jason Turchin today at (954) 515-5000 for a free initial consultation.
Many people have heard of the probate process before, but are not certain exactly what the process includes. During probate, a court oversees the process of distribution of a deceased individual's assets and liabilities to heirs of the estate. While probate can proceed rather quickly if there are not any questions about a person's estate, it can also be particularly complex due to a number of factors. To navigate matters, many people find it particularly helpful to obtain the assistance of an experienced probate attorney.Issues Involved With Delray Beach Probate Cases
The probate process is influenced by a number of different factors. Some of the most common issues that determine how a probate case proceeds include the following:
- Ancillary probate vs. domiciliary probate. Domiciliary probate refers to probate that occurs when a deceased individual's assets are located in Florida and the deceased person also passed away in Florida. Ancillary refers to when these matters occur outside the state of Florida.
- Formal administration vs. summary administration. When estates in Florida are worth less in value than $75,000, or when a deceased individual has been dead for a period of greater than two years, an individual's estate qualifies for an abbreviated type of probate known as summary administration. If an estate does not qualify for summary administration, the estate will proceed through formal administration.
- Probate vs. non-probate assets. Only when assets are solely owned by a deceased individual at the time of their death are these assets able to pass through probate.
There are a countless number of ways in which probate disputes are known to occur. Some of the most common types of probate disputes include:
- Breach of fiduciary duty. A fiduciary includes any individual that has a legal duty to other beneficiaries of an estate. When a fiduciary fails to meet this duty, it is common for beneficiaries to end up experiencing financial harm.
- Elder abuse. A large number of elderly individuals are vulnerable to abuse and exploitation from a number of people. The risk of abuse increases substantially when an elderly individual is declared to be incapacitated.
- Surviving spouse issues. In many cases, surviving spouses in Florida are able to receive their share of a deceased individual's estate even if that person is not named in a will. Numerous probate cases, however, concern how much a spouse should receive from an estate, and sometimes whether a spouse should be able to receive anything at all.
- Will contests. Wrongdoing that is associated with the creation of a will often leads to particularly heated will contests. Disputes about whether a will is valid frequently include arguments about duress, fraud, lack of mental capacity, and undue influence.
If you are involved in a probate dispute, it is important to understand that our attorneys have substantial experience helping people navigate the complex issues that arise in this area. Contact us today to schedule an initial free consultation with a Delray Beach probate attorney at the Law Offices of Jason Turchin.