inheritance tax law - estate attorney

Most Florida probate attorneys would probably tell you to simply find an attorney with 20+ years of experience who is highly rated, trusted, and experienced, who will limit their practice to the area of ​​law you need help with pp. That's probably the short version of how to choose a Florida probate attorney. But consider…..



Like many other service providers, many lawyers seem to be cutting back on their services these days. I remember my dad saying years ago that today is specialization day. Many attorneys limit their practice to certain areas of law. Florida probate attorneys are no exception. Some draft wills and trusts and provide estate planning services. Others only do estate planning for higher-end, ultra-wealthy clients with estates in excess of $5 million. These estate attorneys are often described as tax attorneys because they need to be well-versed in the US estate tax law, the US gift tax, and the intergenerational transfer tax, which can tax gifts or inheritances made to certain heirs and descendants. . Of course, "traditional" probate lawyers opened wills and deposited wills and helped collect the estate of someone who died. Paying off estate creditors and then distributing those assets to beneficiaries is an important part of a probate attorney's role. But in today's Florida does it make sense to hire a "protest lawyer" and you know what you're going to get? Try asking yourself, "What do I need?"

In Florida, many attorneys seem to call themselves "probate attorneys." Probate attorneys are often considered to help manage estates and to open probate cases in Florida probate courts. It is governed by the Florida Rules of Probate and the Florida Probate Code. But do they try cases? Do they actually file probate and probate disputes? Well, many probate attorneys in Florida may say they can handle your estate dispute, but do they actually handle lawsuits? Ask them when was the last time they had a full-blown, multi-day trial in probate court for, say, a will dispute or a challenge to a codicil or trust amendment based on dementia or Alzheimer's disease. Ask your "probate lawyer" how often they file a Notice of Probate and actually set up a probate matter or civil action for probate.

If a trust document, will or codicil is litigated, or a will is contested, you may want to consider whether you need a probate litigation law firm. Having a probate attorney guided by the Florida Evidence Code and Rules of Civil Procedure, with a strong and experienced knowledge of Florida probate law, may be just what you need. After all, if you have a dispute, you can only resolve or end the dispute in one of three ways. You either settle it, go to court and have a trial, or go to probation. Does your probate attorney know how to interview witnesses in probate? Does your estate planning attorney know how to get medical records into evidence over a hearsay objection from your opponent? Property litigation is a Dodge City high noon showdown with a lot on the line. Your inheritance, estate or Florida trust is often in the hands of your probate attorney. Siblings and adult stepchildren, stepparents and in-laws battle over mother and father's revocable trust, bank accounts, Florida home, real estate, and valuable art and family businesses. Do you really want a probate attorney to draft the wills handling your probate case? Or do you want a litigation attorney throughout Florida to handle your litigation strategy?

"Probate attorneys" is a broad term, and you should know what you're getting when you hire one. What you need?

someone to write your estate plan?

someone to help with the estate of a loved one who has just died?

someone to settle a simple dispute between your sibling, or maybe mom or dad's second or third spouse, over your parents' revocable trust?

someone actually defending or contesting a will or contesting a will on the grounds of undue influence and fraud?

Think about what you really need or want from your lawyer. Then ask them to what extent their practice is limited to those services or that area of ​​law. These days, most clients don't want a jack of all trades: they want a lawyer who will limit their practice, their time, to the area of ​​law the client needs help with right now.