Lee County Probate - Probate in Florida
Christopher Q. Wintter Florida Probate Lawyer of Wintter & Associates, P.A.
Contact information: 2239 Hollywood Blvd. Hollywood, FL 33020 - Hollywood: 954-920-7014
Miami-Dade: 305-948-6788 - Boca Raton: 561-470-3448 - Fax: 954-920-7080
Wintter & Associates, P.A. is a Florida trust and estate law firm focusing its practice in the areas of probate administration, trust administration, guardianship administration, probate litigation, trust litigation, guardianship litigation, and estate planning. The firm's professionals are devoted to the representation of clients in estate, trust, probate, and guardianship proceedings. The firm is well known and is well respected by its colleagues, competitors, adversaries, and judges.
Christopher Q. Wintter has over 23 years of experience as a practicing attorney and is a recognized expert in Trust and Estate matters by the Florida Bar. Mr. Wintter earned his Juris Doctor from Duke University School of Law (1987) and earned his Bachelor of Science in Accounting with High Honors from the University of Florida (1982).
Our attorneys have a thorough understanding of the legal, tax and financial issues that come into play with complex Trusts and Estates. Mr. Wintter holds the prestigious Board Certification by the Florida Bar in Wills, Trusts, and Estates, a credential held by fewer than 350 attorneys out of the more than 90,000 attorneys licensed to practice law in Florida. Mr. Wintter has been Board Certified since 1999. Prior to becoming an attorney, Mr. Wintter was a CPA and maintained his license as a Certified Public Accountant from 1984-2002.
To learn more about Wintter and Associates, P.A., please visit our web-site www.WintterLaw.com.
If you have a loved one who has recently passed away, then you most likely will need a probate lawyer. The state of Florida has specific laws that apply to probate situations and a probate lawyer can help you get through them. Here are some ways that a probate lawyer can help you. The process of probate gets assets to those beneficiaries that the decedent gives them in a lawful manner after payment of creditors and all governmental entities.
Florida state law requires that a probate lawyer needs to be used because the laws that pertain to the distribution of assets in a probate situation are rather complex. Therefore, the legislators believe that a probate lawyer is necessary to make sure that the law is followed and the taxes properly paid. The paperwork that needs to be filed in probate cases is also complex - and you will be glad to have the lawyer fill out the forms for you.
While most situations will require a probate lawyer, about the only situation that may not is when there is only one property and one beneficiary. Still, though, you will probably want to get an attorney just to handle the paperwork for you - just to make sure it is correct. The type of probate lawyer that you need in this case is one that regularly handles the distribution of assets.
Another type of probate lawyer that you might need - but hopefully not, is when there is a will that is being contested. Even if there is not a will, it sometimes happens that family members or relatives may feel slighted over some aspect of the will and try to get some legal changes made. For this kind of situation you will need a probate lawyer that is well experienced in the litigation side of probate law. If there are contested issues in your case you should retain a Lee County Probate Lawyer .
When you go to choose your probate lawyer, you want to be sure to go online and look over a number of their Web sites. Focus your investigation on the experience of the lawyer, and select one based on your particular need. If you have any questions for the lawyer, be sure to call his or her office for more information. Also, call the local courthouse and request that the Lee County Bar Association recommend a probate attorney in Lee County or elsewhere.
Florida Statutes Section 733.6171, which states:
733.6171 Compensation of attorney for the personal representative -
(1) Attorneys for personal representatives shall be entitled to reasonable compensation payable from the estate assets without court order.
(2) The attorney, the personal representative, and persona bearing the impact of the compensation may agree to compensation determined in a different manner than provided in this section if the manner is disclosed to the parties bearing the impact of the compensation and if no objection is made as provided for in the Florida Probate Rules.
(3) Compensation for ordinary services of attorneys in formal estate administration is presumed to be reasonable if based on the compensable value of the estate, which is the inventory value of the probate estate assets and the income earned by the estate during the administration as provided in the following schedule:
(a) One thousand five hundred dollars for estates having a value of $40,000 or less
(b) An additional $750 for estates having a value of more than $40,000, but not exceeding $70,000.
(c) An additional $750 for estates having a value of more than $70,000 and not exceeding $100,000.
(d) For estates having a value in excess of $100,000, at the rate of 3 percent on the next $900,000.
(e) At the rate of 2.5 percent for all above $1 million and not exceeding $3 million.
(f) At the rate of 2 percent for all above $3 million and not exceeding $5 million.
(g) At the rate of 1.5 percent for all above $5 million and not exceeding $10 million
(h) At a rate of 1 percent for all above $10 million.
Don't risk mishandling the estate you have been appointed to protect. You must be certain that all creditors and governmental agencies are properly paid so that the beneficiaries receive their assets free of problems in the future.
