Why does a personal representative in a Florida probate case need an attorney?

If you have been appointed the personal representative of a Florida probate, you will need an attorney for several reasons. To protect yourself, you should schedule a consultation with an experienced probate attorney who will help you understand the probate process and any laws that apply to your case.  Further, if you are not the only beneficary then being represented by an attorney is required by law under Florida Probate Rule 5.030(a) for personal representatives and guardians.

If you don't handle probate cases on a day-to-day basis, you may run into some complexities that you may not be prepared to deal with. When you have good legal counsel by your side, you can have peace of mind that you will be provided guidance to carry out your responsibilities accurately.  In nearly all Florida probate cases, it's crucial that the personal representative have legal representation. Even in the simplest probate case, legal issues are likely to arise. As a personal representative, you can count on your attorney to advise you on your rights and duties according to Florida law and to represent you in all estate proceedings. 

You should also know that your attorney will represent only you, not the beneficiaries. Furthermore, be advised that if there is a provision in the last will and testament that mandates a certain law firm or attorney be hired as your attorney, it will not be binding on you as the personal representative.

You will have many responsibilities as a personal representative. That last thing you want to do is make a serious error that could affect any heirs or beneficiaries.  Your best bet is to seek the services of Fort Myers probate attorney for guidance.

When You Need Help with a Florida Probate Case

Florida Bar Board certified wills, trusts and estates attorney expert Matthew A. Linde understands firsthand the importance of careful estate planning and the complexities of financial legal matters, such as probate, tax litigation and guardianship. For help with your probate concerns, contact our Fort Myers office to schedule a one-on-one meeting with a professional who can answer your questions – 1-239-939-7100 or 1-844-357-0572.
Matthew A. Linde
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