3 Florida Probate Challenges and How to Manage Them

millman law group florida probate challenges

Your Millman Law Group attorney can help you navigate these Florida probate challenges.

Probate is the legal process of administering a person’s estate after death. It is known for being complicated, and you’re likely to face challenges at one point or another. Unfortunately, probate is often something that has to be dealt with at some point to fully administer the estate of your loved one. Every state has unique probate challenges, so it’s essential to partner with an estate planning lawyer who is an expert in the details of your state’s probate process. At The Millman Law Group, our attorneys are here to guide you through Florida probate challenges. The primary ones we have seen include family member disputes, creditor claims, and homestead law challenges. When you have an experienced lawyer on your side, you can feel confident that you will move through probate as painlessly as possible. 

Disputes Among Family Members During Probate

Probate disputes among extended family members are not uncommon. These disputes can be related to various issues, including the validity of the will, the distribution of assets, and the choice of a personal representative. When these disagreements become emotionally charged, they can lead to lengthy and expensive court battles. 

How you approach family disputes depends on the nature of the argument. However, before the Florida probate process begins, it is essential to anticipate possible issues that may arise. You can then work to resolve potential disputes through open communication or legal mediation. 

Legal representation from an attorney experienced in probate and estate planning matters can help protect your rights and interests if a dispute cannot be resolved. Your Millman Law Group attorney can help you if the disputes require legal action. 

Claims from Creditors

Other common Florida probate challenges include claims from creditors. Creditors have a right to file claims against an estate for debts the deceased person owes. Because of this, it’s essential to first identify and notify all creditors as soon as possible after the individual’s death. Claims can include:

  • Unpaid medical bills
  • Personal loans
  • Credit card debt

The personal representative is charged with notifying all known creditors of the estate, allowing them to file claims, and ensuring that the claims are settled according to the law. This will include the timely publication of a Notice to Creditors. Your probate attorney can ensure that all creditor claims are handled efficiently and correctly so no issues arise later. 

Navigating Florida’s Homestead Laws

Florida’s homestead laws are additional probate challenges you may face. Florida’s homestead laws are unique and grant certain protections to a decedent’s primary residence, including exemptions from creditor claims and restrictions on how the property can be disposed of after death. 

The main concerns regarding Florida’s homestead laws are:

  • Deciding if the property qualifies as a homestead
  • Understanding how the law impacts the distribution of the home to heirs
  • Awareness of how homestead protection impacts creditor’s claims

If you are unfamiliar with the details of Florida’s homestead laws, navigating this aspect of probate can be challenging. This is why it is best to receive legal guidance and advice as soon as possible to ensure that all properties are handled correctly during Florida probate. 

Estate Planning Made Easy With Millman Law Group

Millman Law Group, PLLC is rare because it’s one of the only law firms that offer life planning in South Florida. From life care planning to the preparation of detailed estate plans, Millman Law Group has committed to serving Floridian elderly communities in Boca Raton, Palm Beach County, Ocean Ridge, Hillsboro Beach, and many other areas since 2018. Our dedicated team also specializes in special needs Trusts and catering to any age demographic because we know for certain it’s never too early to start preparing you and your family for your future. For the latest news in estate planning and elder care law, follow us on Facebook, Twitter, Linked In, and Pinterest. You can also contact us at 561-463-6480.