What Am I Supposed to Do After My Family Member Passes Away in Palm Beach Gardens?

After your loved one passes away, you might want to play an active role in the legal processes that happen after death. Alternatively, you might be wary about your potential responsibilities during the inheritance and probate process. What exactly do you need to do? Should you get involved in this process, or should you keep your distance? You can ask these questions and many others during a consultation probate lawyer in Palm Beach Gardens.

Are You the Personal Representative? 

When determining the legal role you might play after the loss of a loved one, the first step is to figure out whether you are the “personal representative” of the estate. (Note: In other parts of the county, this person is known as the “executor”). If you have this responsibility, your legal role in the administration of the estate will be quite significant.

A personal representative must locate every beneficiary in a Will and notify them of the passing of the decedent and the fact that they are named in the will. They must also review and marshal all of the various assets in an estate. This often involves not only locating the assets, but also determining their value. Finally, a personal representative must resolve any liabilities (debts) left behind by the decedent. This may involve liquidating some of the assets in order to pay off the debts.

Although these responsibilities may seem daunting, you don’t have to handle them alone. An experienced probate lawyer in Palm Beach Gardens can guide you through every step and assist in various ways. Personal representatives may use estate assets to cover reasonable legal costs, which means they don’t have to pay a lawyer out of their own pockets.

Should I Get Involved in Probate if I’m Not the Personal Representative? 

If you’re not the personal representative of the estate, you might still become involved in the legal process to come. Your participation may be particularly useful if you believe the Will is invalid. For example, you may suspect that a caregiver gained your senior loved one’s trust before pressuring or coercing them into altering their Will. If this is true, then you have a responsibility to explore your suspicions – possibly with help from an estate litigation lawyer.

You might also get involved in the probate process if you believe the personal representative is engaged in some kind of misconduct. This might be corruption, suspicious transfers, or other “breaches of fiduciary duty.” If you believe that the personal representative is doing something wrong, you can discuss your concerns with an estate litigation lawyer. It is best to explore these issues sooner rather than later.

Can a Probate Lawyer in Stuart Help After My Loved One Passes Away?

If you’re mourning the loss of a loved one and you’re not sure what happens next, you might want to ask a probate lawyer in Stuart. A conversation with a lawyer could be particularly helpful if you’re concerned about issues like invalid Wills, missing assets, or breaches of fiduciary duty. Continue this discussion by contacting Kitroser Lewis & Mighdoll today.

Sources:

 mypalmbeachclerk.com/departments/courts/probate-of-estates

mypalmbeachclerk.com/about-us/frequently-asked-questions-faq/probate-of-estates-faq