Probate - Wills - Trusts
Tallahassee Probate, Wills and Trusts Attorney Serving
Tallahassee, Four
Points, Woodville, Leon County, and Northern Florida.
The
loss of a loved one can be stressful and traumatic time
for a family and often leads to confusion and
frustration when it comes time to address the assets of
the one who has passed. The process of distributing
those assets is not an easy task, especially when you
are addressing your own grief and trying to continue
your life.
Mr. Gwaltney and his staff are dedicated to serving the
needs of his clients with compassion, patience and
understanding throughout the legal process and beyond.
If you or your family member find yourself in the
situation of probating the estate of a loved one, call
our office for a consultation. Whether there is a will
or not, the probate process will usually be required to
allow the surviving family members to conduct any
business on behalf of the deceased, access bank
accounts/records, resolve outstanding debt, distribute
property and other assets.
Whatever your probate
needs or questions are, our staff can assist you. Below
are some common questions we receive, together with
their answers.
WILLS / PROBATE
Q. I have a will from another state, If I die will it be
recognized in Florida?
The answer
is, Maybe. It could depend on many factors. It would
be best if you contact an attorney to properly answer
the question.
Q. Do I need an attorney to go through probate in
Florida?
Florida
law requires an attorney in the probate proceeding
unless the personal representative is the sole
interested party. Unfortunately, most non-lawyers would
have a very difficult time knowing how to proceed
without an attorney.
Q. How long should I expect the probate process to take?
Summary
Administrations may be completed in as little as 4-8
weeks. Formal Administrations, when no estate taxes are
due, take considerably longer, with 4-6 months being an
average.
Many factors could
lengthen the process, including out of state wills which
do not meet the requirements for probate in Florida,
either due to insufficient execution at the time of
drafting or because the format (e.g., a holographic
will) does not comply with Florida law.
Q. Do I need to hire an attorney whose office is in the
same city or county as the decedent?
Not necessarily. If a
hearing is required by the court, many times an
appearance by phone will be allowed.
Q. If there is a surviving spouse, is it necessary to go
through probate?
Yes, if the deceased owned
any assets which were solely in their name only.
Q. What if there is no will?
If the decedent passed
away without a properly executed Last Will and
Testament, Florida Statue 732 provides for the
distribution of the deceased’s property and assets.
If you have any questions
about the process or need to hire an attorney to assist
you, please contact our office.
WILLS & TRUSTS
Mr. Gwaltney provides
estate planning and probate administration services. We
focus on building long-term relationships, so that we
can better understand your immediate financial
situation. We work to help you to preserve your success,
to fund your retirement, and pass your assets to your
chosen beneficiaries. We work with a network of
independent asset and business valuation consultants, as
well as your own tax and financial planners to develop
an estate preservation and distribution plan that is
right for your specific objectives.
Each family’s needs and
assets are unique, and cannot adequately be addressed
through cookie cutter forms and “stock language” written
in a memo. Each estate plan is different and we strive
to consider the individual needs of not only the client,
but their beneficiaries as well to maximize the transfer
of assets.
Estate planning:
We design estate plans that are unique to every client’s
need
Whether you have a simple estate with assets that you
want preserved for your surviving spouse, or have an
estate that includes property, business ownership, and
complex asset distribution concerns, we can help.
Regardless of the value or number of assets, we will
evaluate your situation with you and learn of your
wishes and desires before drafting any documents. This
allows you to take an active role in deciding how your
estate is distributed, and ensures that your wishes are
included in the final product.
Do I need a Trust?
The answer is, “maybe”. We will review your individual
situation and help you determine how you wish to proceed
in your estate planning. By meeting with you, and your
investment and money professionals, we will develop a
plan that will match your wishes and maximize the
benefits to your heirs and yourself.
We are committed to
providing responsive attention to detail that your
success deserves.
If you have questions, concerns, or legal needs regarding
probate, wills, or trusts issues, we urge you to
seek the legal advice of an experienced Tallahassee
probate - wills - trusts attorney - lawyer at
William W.
Gwaltney, Attorneys at Law
by calling
850.385.1259
to schedule a confidential legal consultation.
|
