Top Four Reasons Why Probate Goes Wrong in Florida

Probate is the process through which a person’s estate is finalized in Florida. The Florida Bar explains that it is overseen by an estate administrator. While the process can be long and complicated, probate is completed without major issues for many people. With that being said, when problems happen in probate, they can be very hard to deal with. Here, our St. Petersburg probate attorney explains the top four reasons why the process can go wrong in Florida.

1.    Lack of a Valid or Clear Will

A clear, legally valid, and comprehensive last will and testament is the foundation of a strong estate plan in Florida. Every adult should have a will. The lack of a strong, well-drafted will is one of the most common reasons why problems arise during the probate process in Florida. Indeed, what would otherwise be a relatively smooth probate can quickly fall apart when the will is unclear, outdated, or invalid. Families fight over intent. Beneficiaries challenge signatures, witnesses, or capacity. A single ambiguity can stall the entire estate.

2.    Disagreement Between Heirs/Beneficiaries

Conflict between family members is at the core of many probate disputes in Florida. Indeed, old grievances resurface. Beneficiaries question each other’s motives. Someone accuses someone else of unfair influence. Someone else contests the personal representative’s decisions. Every objection forces hearings, filings, and delays. When the conflict gets too serious, lawsuits may be filed and judges may even need to step in to resolve the matter. If you have any questions or concerns about contested probate, please do not hesitate to contact an experienced St. Petersburg lawyer for help.

3.    Mismanagement by the Personal Representative

The personal representative plays a crucial role in the probate process in Florida. A smooth probate can collapse if the personal representative fails to act with care. Some of the most common examples of mismanagement by personal representatives include:

• Missed deadlines;
• Poor recordkeeping;
• Ignoring creditor claims; and
• The mishandling of assets.

A personal representative who is negligent could potentially face personal liability. In the worst cases, the court may remove the representative 

4.    Complex Debts

One of the main responsibilities of the personal representative is to notify creditors and resolve and valid outstanding claims. Probates in Florida can run into problems if there are complex debts. Debts that are large, not well substantiated, or that involve real property can be especially challenging to resolve during probate. They can lead to serious disputes between the parties. If you have any questions about handling debts, an experienced Florida probate law attorney can help.

Speak to Our St. Petersburg, FL Probate Lawyer Today

At Fisher & Wilsey, P.A., our St. Petersburg probate lawyer has the professional experience that you can trust. If you have any questions or concerns about the probate process, please do not hesitate to contact us today for a completely confidential case evaluation. With a law office in St. Petersburg, we handle probate law matters in Pinellas County and throughout the area in Florida.