Becoming a personal representative of your deceased loved one is both a privilege and a responsibility. Understanding the legal documents on your own can be complex and worrisome. Similarly, handling the divorce and family law proceedings is an emotionally straining task. Therefore, you need a knowledgeable attorney by your side who can advise you in making the most critical decisions while assisting you through the legal process. However, you may feel anxious about some of your concerns during this overwhelming situation.

Our lawyers have experience as the best family law & probate attorney in Charlotte County, Florida, and we take great pride in guiding you through every step of the way. Here are some of the most frequently asked questions about probate and family law to help you navigate the process:

Do I need to accept the job if I am named as a personal representative?

Of course not. There is always an option to serve or decline. Even if you initially agreed to perform under the Will, you still hold a right to resign later. If you choose to quit before the completion of the probate, you may need to provide an ‘accounting’ for the served period. If you decline or resign from serving, the court generally appoints the alternate person named in the Will. 

What happens if someone objects to or contests the Will?

A Will contest comes into action if someone files an objection to the Will or produces another Will. However, the essential requirement for contesting a will requires a person to ‘stand in position’ to mount the contest. For instance, if a Will empowers one sibling with two-thirds of parental property rights while the other receives one-third, the one receiving less can file a Will contest. 

Who determines how the assets are divided in a divorce?

A marital settlement agreement is a contract between spouses that divides their property and liabilities and resolves all the other divorce issues. Generally, a majority of discrepancies are settled without the involvement of court proceedings. However, if the division of assets or liabilities is not attained through settlement, the court’s decision is deemed the final settlement.

We are deciding to live together. What happens if we separate?

If ‘living together agreement’ does not exist, any of the following situations can apply:

  • You do not hold any legal rights to stay in a home where you retain no ownership rights of the property you were living together with your ex-partner.
  • Besides child maintenance, you do not have any legal rights to receive any care expenses from your ex-partner.
  • If you live in a rented house together and your ex-partner is the legal tenant on the papers, you have no right to stay if asked to leave.
  • If your ex-partner is the sole owner or purchaser of the possessions, you do not have any natural right to get the share of any such possessions. 

About The Wotitzky Law Firm

If you need a consultation with a skillful probate and family law attorney in Punta Gorda, Florida region then, look no further. The Wotitzky Law Firm is the chosen law practice with significant experience in corporate and business law, cases related to civil litigation, personal injury, and family law. We are a team of exceptionally competent and experienced legal experts committed to providing the best services to meet all your legal needs. For consultation-related queries, call us at +1 941-639-2171 or write an email to us at