Probate can bring out the best or the worst in people. While family siblings are grieving the loss of a parent, difficult decisions must be made. A knowledgeable probate attorney will be empathetic while providing guidance on how to manage the challenges that often arise following the death of a loved one. Our South Florida probate attorney has provided three of the most common scenarios in which hiring an expert can be beneficial.
Disagreement Over Whether a Home Should be Sold
Estate disputes between siblings can tear families apart. Some siblings may be ready to sell the property and evenly divide the money, while others want to keep the home as their own. In this event, the heirs have the option to come to an agreement through a buyout. However, all siblings must be in agreement. Conflict on the division of assets or what to do with an inherited home can leave family members at odds with one another. An experienced attorney can offer guidance to come to a compromise on these issues and possibly avoid going to court.
A Sibling Contests the Division of Assets
A child who acted as a caretaker for the parent may feel he/she is entitled to a larger percentage of the estate. This sibling can choose to file a lawsuit in an effort to gain these funds. Hiring a lawyer to help aid in this often challenging situation can help to reduce strain on the family members and resolve the conflict as quickly as possible.
A Child is Left Out of the Will
A parent has the right to disinherit an offspring from the will. The act of purposely leaving a child out of the will should be clearly stated in the intentions. Florida law states that children maintain the right to inherit the residence. This serves to protect the heirs from mistakenly being left out of a will. Offsprings who feel they are entitled to the assets a parent has left behind can file a lawsuit to try and retrieve what they feel is rightfully theirs. Probate attorneys hired to manage situations such as this have the expertise to aid in navigating this common tribulation experienced by families.
If you are faced with probate following the passing of a loved one, an attorney who is equipped with specialized insight and guidance in tackling the complex details of the estate can be of great assistance. Hiring a lawyer provides many benefits, including the ability to speed up the process, reduce stress on family members, and thoroughly manage the intricacies involved when interacting with the court.
Contact Graham Legal, P.A. today to schedule a free consultation with our South Florida probate attorney.