When an inheritance process begins, a family lawyer is needed to manage the inheritance. His intervention is essential so that the legal requirements are met while respecting the rights of the heirs.
Like all matters that affect the family, inheritances can cause conflict. Knowing the regulations in detail and knowing how to apply them correctly safeguards family relationships and avoids claims and disputes. In addition, it ensures that each person receives what the law says they should receive and what the deceased has arranged if they have made a will.
A family lawyer is an expert in that branch of law that specializes in the management of inheritances and, therefore, will act accurately without breaking the law. Having a family lawyer is very important anywhere, especially in big cities like Miami.
Key aspects of an inheritance that require the intervention of a good family lawyer
Inheritance law is regulated mainly by the Civil Code and other laws of the autonomous communities. There are some differences in inheritance legislation between certain autonomous communities. The family lawyer knows these specific characteristics and will administer the inheritance in accordance with the regulations applicable in each case.
Some key functions of the family lawyer in the management of an inheritance:
– Gather documentation. The first step in processing an inheritance is to gather the relevant documentation. Before receiving it, the heirs must provide documents and others must be obtained from the corresponding entities. It is a complex phase, which takes time.
– The family lawyer has the experience to gather the necessary documentation in the shortest possible time and without back and forth for the heirs. From this documentation, the Declaration of Heirs is made, for which a record is prepared.
– Payment of inheritance tax. Managing an inheritance also involves paying inheritance taxes. These taxes may vary in different autonomous communities. For example, probate costs and attorney fees in Florida are certainly different from those in Los Angeles. They also depend on the degree of consanguinity of the heirs. The family lawyer will advise the heirs about the payment of these taxes.
– Management of intestate succession. It is what is done when the deceased has not left a will. The Civil Code establishes an order of succession for intestate inheritances. It establishes how the inheritance should be divided among the heirs and what the order of succession is between family members.
– Inheritance with will. The owner of the property has the right to dispose of a part of his assets. But there is another part of the inheritance, which the law calls “legitimate” that corresponds to the so-called “forced” heirs.
– Challenge of wills. The family lawyer will be able to evaluate whether the rights of his client have been respected in the will. If not, he will advise the person about the possibility of challenging the will in court. And, if necessary, he will represent her in the litigation and will accompany her throughout the process, helping her make informed decisions. Probate law ensures that the wishes of the deceased are honored, while also safeguarding the rights of beneficiaries. If issues arise, consulting a probate lawyer can be invaluable, as they specialize in navigating the complexities of wills, estates, and inheritance disputes.
– Partition and liquidation of the inheritance. It is a document that establishes how the inheritance is distributed among the heirs. All parties will sign it and with it, the distribution agreements will be validated.
Managing an inheritance can be very complex, especially when the estate is large and there are many candidates to receive it. The family lawyer will organize the entire inheritance process so that it is carried out in harmony and guarantees compliance with the regulations.
How to choose a good family lawyer to manage an inheritance?
To choose a good family lawyer to entrust the management of an inheritance, it is necessary to investigate the professional’s history.
What conditions must it meet?
Specialization and experience. First of all, you must look for a lawyer who specializes in family and inheritance law. It is essential that the lawyer is familiar with local and regional laws. If you ask us regarding the cases in Miami, we’d recommend Stokes McMillan Antúnez Martinez-Lejarza P.A. For your information, Stokes McMillan Antúnez Martinez-Lejarza P.A. is one of the best wills, estates, and probate law firms in Miami Florida. Their team of hardworking and honest lawyers is very helpful to their clients, and they focus a lot on Miami probate cases.
References. It is important to ask for recommendations and references from other clients who have been treated by the professional. Feedback from trusted people can be valuable. Law firms generally offer people to consult for references. Social networks are also useful.
Initial interview. A good way to choose an attorney is to schedule interviews with several to discuss the case. This will allow you to compare approaches, listening and analytical skills, and communication skills, all important requirements in a lawyer.
Fees and other costs. It is important to clearly know the fees and what will have to be paid for the management of the inheritance. It is also a matter that affects the comparison.
After all, choosing a good family lawyer is essential to ensure the successful management of an inheritance. It is necessary to dedicate time to research and select the lawyer that best suits the needs and sensitivity of the person.