Top Key West, FL Probate Lawyers Near You
91760 Overseas Hwy, Suite 100, Tavernier, FL 33070
Other Nearby Offices
Thomas-McDonald Law Firm, P.A. has experience helping clients with their Probate needs in Key West, Florida.
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201 Front St, Suite 333, Key West, FL 33040
81990 Overseas Hwy Fl 3, Islamorada, FL 33036
We found a limited number of Probate law firms in Key West. Below are some of the closest additional firms.
606 Bald Eagle Drive, Suite 500, Marco Island, FL 34145
1095 Bald Eagle Drive, Suite 1, Marco Island, FL 34145
1415 Panther Ln, Ste. 534, Naples, FL 34109
PO Box 808, Naples, FL 34106-0808
780 5th Ave S, Suite 200-A, Naples, FL 34102
821 5th Avenue South, Naples, FL 34102
1100 5th Ave S, Suite 410, Naples, FL 34102
2390 Tamiami Trial North, Suite 204, Naples, FL 34103
2425 Tamiami Trail North, Suite 211, Naples, FL 34103
3001 Tamiami Trail N, Collier Place II, Suite 400, Naples, FL 34103
4099 Tamiami Trail N, Suite 201, Naples, FL 34103
3033 Riviera Drive, Suite 104, Naples, FL 34103
Key West Probate Information
Lead Counsel Verified Attorneys in Key West
Lead Counsel independently verifies Probate attorneys in Key West and checks their standing with Florida bar associations.
Our Verification Process and Criteria
Ample Experience
Attorneys must meet stringent qualifications and prove they practice in the area of law they’re verified in.
Good Standing
Be in good standing with their bar associations and maintain a clean disciplinary record.
Annual Review
Submit to an annual review to retain their Lead Counsel Verified status.
Client Commitment
Pledge to follow the highest quality client service and ethical standards.
What Is Probate?
Probate is the legal process of handling a person’s estate after they pass away. During probate, the state identifies the deceased person’s property, assets, and debts, and decides how to distribute these to beneficiaries. A personal representative handles the deceased person’s estate as the executor or administrator. Property and liabilities that can go through probate include:
- Real estate
- Personal property
- Personal debt
- Titled assets
- Bank accounts
- Investment accounts
- Business assets
How Can You Avoid Probate?
If you want your beneficiaries to avoid the hassle of probate, you have several options. You can make sure to name beneficiaries of bank accounts, retirement accounts, and life insurance policies. You could also move your assets to a living trust, which will allow you to access them while you are still alive but will automatically pass to your beneficiaries upon your death.
How Long Does Probate Take?
In a simple case where there are no disputes, and the deceased had a strong plan in place, the probate process of distributing assets and paying off debts may only take a few months to complete. If someone challenges the will or any other part of the estate distribution, it can take much longer.
What Are Some Examples of Situations Where I Might Need a Probate Lawyer?
If a family member or loved one dies, most of their assets will pass through the probate process. You can avoid probate in some states if you have a small estate. With estate planning, you can also avoid probate with a trust. If there are any disputes about who inherits or receives property after death, you should consider a probate lawyer, who can help with:
- Inheritance disputes between family members
- A large estate without estate planning documents
- Resolving multiple wills or a missing will and testament
- Estate tax or inheritance tax reduction planning
How Can a Probate Lawyer Help Me?
After a loved one dies, family members can be at a loss with handling their estate. A probate lawyer can help handle the situation on your behalf. A local probate lawyer is familiar with the probate process in Florida and can help you understand your options. When you hire a probate lawyer, they can:
- Identify any estate planning documents and beneficiaries
- Help with assets that pass outside of probate
- Transfer real estate and other property to beneficiaries
- Pay off debts and liabilities
- Resolve Florida and federal tax issues
What Could Happen if I Don’t Hire a Probate Lawyer?
If you don’t hire a probate lawyer, you will have to handle the probate process on your own. There are legal requirements for resolving someone’s estate, including filing requirements and notice deadlines. Without going through the right legal process, the estate could be open to legal claims by creditors or other family members. If you don’t hire a probate lawyer, you could face:
- Delays in distributing assets
- Federal and state estate tax penalties
- Improper title transfers
- Missing or unidentified financial assets
- Inheritance tax penalties
What Questions Should I Ask When Trying To Find a Probate Lawyer in Key West?
These questions can help you decide if you feel comfortable and confident that a probate lawyer has the qualifications, experience, and ability to manage your case. Many probate lawyers offer an initial consultation that allows you to understand your options and get specific legal advice before hiring them. The top questions to ask include:
- What is your experience in handling probate cases in Florida?
- How long will the probate process take?
- What property can you transfer without going through probate?
- How will you keep me informed about updates in my case?
- What happens if someone challenges the inheritance?
- How much do you charge for probate cases?
Tips for Hiring a Probate Lawyer
Take the time to find a probate attorney who is right for you and will represent your best interests. Find someone who understands your case, knows your needs and goals, and has the experience to get the best outcome. Things to do:
- Ask for recommendations
- Research lawyers online
- Schedule consultations
- Review experience and expertise
- Talk about fees and billing
- Trust your instincts