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
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.
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.
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.
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.
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.
Probate
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
