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
A trust allows assets to transfer directly to your beneficiaries without going through probate, saving time and maintaining privacy. A will, on the other hand, must be filed in probate court. At Welter Law, we guide clients in selecting and personalizing the right trust to align with their long-term goals and family needs under Florida law.
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.
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.
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
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.
Absolutely. Life changes such as marriage, divorce, or the birth of a child may require updates to your estate plan. At Welter Law Office, we help you review and revise your documents regularly to ensure they continue to reflect your current wishes and comply with Florida’s evolving estate planning laws.
Probate
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.
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.
The length of probate in Florida depends on the estate’s complexity, creditor claims, and court schedules. Simple estates may be resolved in a few months, while contested or larger estates can take over a year. Welter Law Office helps streamline the process and keeps clients informed every step of the way.
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.
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
Interested parties may challenge the will’s validity or interpretation, often alleging issues like undue influence or lack of capacity. Such contests can delay probate and escalate costs. With Welter Law Office’s experience, we help defend the integrity of your will and represent your interests.
Advance Health Care Directive
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.
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.
Without clear directives, loved ones may face emotional stress and uncertainty about your medical treatment. Establishing these documents provides peace of mind, ensures your wishes are honored, and helps your family focus on support rather than difficult decision-making during a crisis.
A HIPAA Release grants specific individuals legal access to your medical records. Without it, even close family members may be restricted from receiving important information. Including this document in your directive ensures your healthcare surrogate or attorney can make informed decisions on your behalf.
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.
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.
