In case a person decides to file for bankruptcy in Florida, it is very important that the person is able to file valid wills and testaments to protect his/her assets. These documents are also referred to as legal testaments. As such they have to be filed with the court of law in the county where the death occurred. If the testaments were not valid when the person died, they might still be valid if proved to be true after the bankruptcy is dismissed.
In case a person has no will or testament in Florida, he/she will be required to appoint a personal representative which will be an individual having the same last name as the deceased. The probate judge is the person who is supposed to accept the valid wills and testaments from the individual, make a decision as to how the assets will be distributed and distribute the inheritance accordingly and then make a final confirmation of the distribution. An appointed attorney can advise the client on the legalities of the process. If they are unable to help the client, they can file a suit against the individual for fraud.
It is very important to obtain legal documents in Florida in time as the probate court might impose certain conditions while handing over the estates to the beneficiaries. These conditions might include a requirement that the testator die a natural death. This condition might be inconvenient for the client who might not be able to manage his/her affairs as it will mean that the probate court cannot get any money from the estate. This might be a result of non-filing of legal documents. When a person dies as a result of a heart attack or from a broken leg, the probate court will require a person to file a legal document called a Last Will and Testament. These legal documents are also termed as Power of Attorney for health issues and are needed by the probate court to administer the administration of the estate.
It is advisable to seek legal advice from a lawyer who has expertise in Florida who can guide you through the entire process. Since the power of attorney for health issues is limited, only few people can file for it. There are various other types of valid will and testaments in Florida. A Will may be called a Testament in other states but when it comes to Florida, a testator may not require that the testator’s estate should be dispersed among the beneficiaries. The Probate Court in Florida makes decisions on behalf of the testator and he appoints a person to prepare and file the Will, said miamiprobateattorneys.net.
The probate court does not require any evidence for the testator’s condition that he or she is insane. The person who is named as beneficiary gets the right to retain the property. He or she is entitled to an attorney to help him or her understand the legal documents. He or she has to give timely information regarding his or her condition. If the testator is too ill to sign any document, then the attorney has the power to do this for him or her.
Although it may sound confusing, it is necessary for people to comply with the law and it is important to get their affairs in order. There are several other issues involved such as the rightful division of the estate and also the issues regarding inheritance if the testator is not alive. The only way out of all these difficulties is to use the legal documents wisely. In the state of Florida there are various qualified attorneys who are familiar with the probate laws. They can make things easier for the people who have no idea about wills and probate law.