Your Florida Estate Planning Questions Answered
At Welter Law Office, we understand that estate planning, probate, and healthcare directives can raise complex legal questions. Our goal is to provide clarity and confidence as you make important decisions for yourself and your loved ones. This FAQ section offers answers to the most common questions we receive about Wills & Trusts, Probate, and Advance Health Care Directives, helping you better understand how Florida law applies to your situation.
Whether you’re drafting your first estate plan, managing a loved one’s estate, or preparing healthcare instructions, attorney Denise A. Welter provides the trusted legal guidance you need to move forward with peace of mind.
We are proud to serve clients throughout Wesley Chapel and across Florida with professionalism, compassion, and over 20 years of experience in estate and probate law.
Will & Trust
Florida has specific laws regarding wills, trusts, and homestead protection. A qualified estate planning attorney ensures your documents meet all legal requirements and reflect your unique goals. At Welter Law Office, we provide personalized, compassionate guidance to help you secure your legacy and protect the people who matter most.
A will help ensure your wishes are clearly defined regarding the distribution of assets, guardianship of minor children, and appointment of an executor. Without a will, Florida intestacy laws determine who receives your estate, which may not reflect your specific intentions. Welter Law Office helps you craft a valid, enforceable document that provides clarity and peace of mind.
If you die without a valid will, Florida state law determines who inherits your assets. This is most often your closest surviving relatives. This process can delay distributions and frequently cause family conflict. At Welter Law, our legal team is dedicated to ensuring your estate plans prevent uncertainty and give you control over who receives what, reducing the emotional and financial burden on your family
It depends on your particular needs. However, many clients benefit from having both. A trust manages and distributes assets efficiently, while a “pour-over” can ensure any remaining property is included. Together, they both provide complete coverage for your estate. Welter Law tailors all legal documents to protect your loved ones and ensure a smooth legal process.
Executors and trustees have significant fiduciary duties. It’s important to appoint someone you trust implicitly to handle financial and legal matters responsibly. Our team can help you evaluate potential candidates, explain their responsibilities within specific roles, and ensure proper safeguards are in place to reduce the risk of disputes or mismanagement.
A well-drafted will or trust not only distributes assets but also helps protect them from unnecessary taxes, disputes, or mismanagement. Proper estate planning can safeguard your wealth for future generations, minimize legal complications, and ensure your family’s financial stability under Florida’s legal framework.
Probate
Handling probate alone can be overwhelming, especially while grieving a loss. An experienced probate attorney manages court filings, deadlines, and communication with creditors and beneficiaries on your behalf. At Welter Law Office, we simplify every step, ensuring your loved one’s estate is settled efficiently, accurately, and with the compassion your family deserves.
To some degree. Assets held in a properly drafted trust generally bypass probate entirely because the trust owns them. Other assets having beneficiary designations or held jointly may also avoid probate. We help clients structure their estate plans to minimize probate involvement.
A will helps guide the probate process by stating how assets should be distributed and naming a personal representative. During probate, the court verifies the will’s validity and enforces its terms. Disputes may arise, but with experienced counsel, we navigate challenges to honor your wishes.
A personal representative (executor) may be named in the will or appointed by the court if none is designated. This person handles administrative tasks, pays debts, and distributes assets. We assist in selecting qualified candidates and filing the necessary court petitions.
In probate, the decedent’s outstanding debts, funeral costs, and taxes must be identified and paid from the estate’s assets before distribution to heirs. Welter Law assists in verifying claims, negotiating with creditors, and ensuring that creditor notice requirements under Florida law are met
Probate is the legal court process for settling someone’s estate after they die. It includes validating the will, paying debts, distributing assets, and resolving disputes. Under Florida law, this process ensures that a decedent’s obligations are addressed before their property is distributed.
Advance Health Care Directive
You should review your directives every few years or after major life events like marriage, divorce, or significant health changes. Keeping your important legal documents current ensures they remain legally valid and aligned with your wishes. Welter Law Office can assist with updates to maintain full compliance under Florida law.
A Health Care Surrogate (or proxy) is an appointed representative who can make medical decisions on your behalf should you become incapacitated. This trusted individual works with your medical team to ensure that your care aligns with your expressed values, beliefs, and treatment preferences.
In Florida, an Advance Health Care Directive may include a Health Care Surrogate Designation, Living Will, HIPAA Release, and Durable Power of Attorney. Together, these ensure your medical, legal, and privacy preferences are protected and that trusted individuals can act on your behalf when necessary.
An Advance Health Care Directive is a set of legal documents that outline your medical care preferences if you become unable to communicate. It ensures that your healthcare decisions
reflect your values and wishes, preventing confusion or disputes among family members during medical emergencies.
A Health Care Surrogate handles only medical decisions, whereas a Durable Power of Attorney grants someone authority over broader financial or legal matters should you become incapacitated. Both are vital components of a comprehensive plan to protect your interests and ensure continuity in decision-making.
Selecting a trusted individual to act as your health care surrogate is one of the most important parts of your directive. This person should understand your values, communicate clearly with medical professionals, and be emotionally capable of making difficult choices. Our firm helps clients identify and legally appoint the right person for this vital responsibility.
