A probate attorney in Hollywood FL is the individual that is responsible for administering a client’s last will and testament. The same lawyer helps guide the heirs of the deceased through the process of probate in court. Although it is not always true, in many cases the probate attorney also acts as the executor of the will.
Probate is the process of distributing all the assets of a person who dies and leaves behind a will. When there is a will the assets are distributed to those individuals who receive the assets, these people are the beneficiaries. During the drafting of the will the individual also names his or her executor who is held responsible for distributing the assets per the wishes of the deceased. When a person dies and he or she has a will the probate process begins; the distribution of assets is overseen by the court to ensure that the wishes of the deceased are being followed to the letter.
A Probate Attorney in Hollywood FL also represents the heirs to the estate in court. The probate attorney will ensure the legal process goes smoothly and as quickly as possible, filing motions and pleadings when and if necessary. If for any reason the will is contested the probate attorney will offer arguments in court, this is also true should the court question the will’s validity.
The entire process of distribution of the assets of the deceased also includes an executor, in many cases the probate attorney and the executor are one in the same person. This being the case the attorney also manages the physical distribution of the assets. In many cases, this involves changing the title on various properties or moving assets into the name of the beneficiary from the name of the decedent. This task can also involve access to various bank accounts, distributing the cash per the demands of the will.
If the executor of the will is the probate attorney, he or she will be paid a fee from the proceeds of the estate for distributing the assets as wished by the deceased. The fee may be a flat fee that has been negotiated by the party writing the will or be based on a pre-determined percentage of the total assets being distributed.
