St. Augustine Probate Attorneys: Protect Your Estate

Probate Is Confusing and Tedious. Hire an Experienced Attorney to Help.

After the death of a family member, you may be overwhelmed by the process of administering their estate. In most cases, property owners’ assets will go into probate when they pass away. This is true even if they have a will. Probate can be a messy time, with family disputes escalating and unexpected legal questions arising. You don’t have to do this alone—and in fact, if you try to, you may miss important steps that can help preserve the estate of your loved one.

Our probate attorneys have helped thousands of families through this difficult time. We can answer your questions, help you bring any legal action necessary, and guide you through the 4 steps of the probate process.

Our St. Augustine team offers free, no-obligation initial consultations to those in the probate process. Call us at (904) 770-3141 if you’re looking for advice.

How a Probate Attorney Can Help You

When an estate goes into probate, you may discover unforeseen difficulties executing the wishes of the deceased. In some cases, family members may dispute the will and/or the identity of the personal representative. In others, you may be the one to raise a concern if you observe irregularities in the process.

Even if everything seems to be going smoothly, it is likely in your best interest to hire a probate attorney. The financial processes involved are often complex and best taken on by a trained professional. Having a third party to assist with the administration, especially one who is not under the same emotional strain as you and your loved ones, can take a burden off your shoulders.

Our team can help you with legal issues including:

• contesting a will,
• removal of fiduciary,
• estate management,
• disputes among survivors,

and more. We can also take proactive measures to protect the estate and resolve any potential issues.

Assessing the Validity of a Will

It’s common for unhappy heirs to claim a will is not valid, and either substantiating or disproving these claims can take a lot of work. A valid will meets the following stipulations:

• It is in the correct form: printed, typewritten, or handwritten
• It is signed and dated by the creator or properly signed by a representative
• It is signed by two witnesses who agree that the creator was sound of mind and free of outside influence

Some of these points are easier to prove than others. In a dispute, take advantage of our experience in establishing the authenticity of legal documents. If you have questions, we can help you find the answers.

Addressing a Lost or Missing Will

Even if your loved one created and signed a valid will, if it cannot be found, it cannot be executed. There are multiple outcomes in such a situation. Your best bet may be finding a copy that can be validated in court. If you cannot do so, a third party who does not stand to benefit (such as an estate lawyer) may be able to attest to the contents of the will.

Failing to find a will won’t result in a total loss of the estate: Florida law includes a provision for dividing assets to immediately related parties. However, you may find yourself receiving much less under such a system.

Asset Valuation

Probate taxes can take a large chunk out of an estate, especially if it is highly valued. Our probate attorneys can help you avoid that loss by determining the best way to evaluate holdings—especially real estate and shares of stocks. By making a will, your loved one indicated their desire for their estate to provide for you and other family members. We can help you fulfill that desire by reducing its tax liability.

Our Caring Attorneys Are Here to Help

We understand how difficult it can be to go through probate when you are mourning the loss of a loved one. Our attorneys can help by taking the work off your hands. We’ve helped many other families in St. Augustine through sensitive times, and we can do the same for you.

Call Owenby Law, P.A. at (904) 770-3141 for a free initial consultation.