Taylor 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.
In the state of Florida, any estate worth more than $75,000 must go through a formal probate before its assets can be distributed to beneficiaries of the deceased. This process is designed to set aside money for the payment of debts and taxes accrued by the deceased or their estate. Estates belonging to deceased residents of Taylor must go through the same process. Probate is the responsibility of the personal representative of an estate.
Florida law also requires that the personal representative of a probate estate must retain the services of a probate lawyer. This is required for two reasons. Firstly, Florida law is a complex business, and estate administration and probate are difficult for a layperson to handle without expert legal advice. The second reason is that the death of a loved one is an emotional and difficult time for relatives and loved ones, and it is difficult for people to remain objective during probate, particularly if any litigation is involved (such as when the will is contested). The probate lawyer, on the other hand, can work objectively and is able to do so with the best interests of the estate in mind.
There is just one situation in which the legal requirement for a probate lawyer can be waived. In cases where the personal representative is also the only beneficiary of the estate, hiring a probate lawyer is not required by law; such estates typically go through probate more quickly, with fewer problems than a more complicated estate. However, legal advice is often advised, simply due to the complicated nature of Florida probate law.
You may choose any probate attorney in the state of Florida who is of convenience to you; however, if there are issues in your probate being contested and that would require court appearances, then it would be wise to have a Taylor Probate lawyer because Taylor County Probate Lawyer would be more familiar with the local Judges and Court system, and that would prove very helpful.
In most cases, probate can be completed in less than a year. However, in situations where the estate owes Federal taxes, probate may take up to two years. Formal probate almost always takes at least six month to complete, because certain tasks are carried out according to a strict schedule. The Taylor probate lawyer can ensure that this schedule is adhered to, so that probate can be completed as quickly and painlessly as possible.
The fees for a Florida probate attorney are usually charged according to 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. Only a Florida probate attorney can assist you in this matter.
