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# Vollrath Law

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## Posts
- [5 Reasons Collaborative Divorce Works Better for Parents](https://www.vollrath-law.com/5-reasons-collaborative-divorce-works-better-for-parents/): For parents, collaborative divorce keeps decisions about the children with the two people who know them best. Instead of a judge deciding your time-sharing schedule after a hearing, you and your spouse build the parenting plan yourselves, with your own attorneys and usually a neutral mental health professional in the room. The process is private, generally faster than litigation, and structured to protect the co-parenting relationship you will rely on for years. Florida authorizes it under the Collaborative Law Process Act, sections 61.55 through 61.58, Florida Statutes.
- [What Is a Warranty Deed in Florida?](https://www.vollrath-law.com/what-is-a-warranty-deed-in-florida/): A warranty deed in Florida is a document that transfers ownership of real property and guarantees the title is good, with the seller legally promising to defend the buyer against claims from any point in the property's history. It offers the buyer more protection than any other Florida deed, which is why it is standard in residential sales.
- [How to Transfer Stock and Securities in Probate](https://www.vollrath-law.com/how-to-transfer-stock-and-securities-in-probate/): To transfer stock and securities in probate, the personal representative uses the court-issued letters of administration to instruct the brokerage or transfer agent to retitle or liquidate the shares. The typical package includes certified letters of administration, a certified death certificate, a stock power, an affidavit of domicile, the estate's tax ID number, and often a medallion signature guarantee.
- [What Is a Curator in Florida Probate?](https://www.vollrath-law.com/what-is-a-curator-in-florida-probate/): A curator in Florida probate is a temporary fiduciary the court appoints to protect and manage a deceased person's property when no personal representative is in place yet, or when the person appointed cannot act. The curator is a gap-filler: the court can authorize the curator to perform any duty a personal representative would perform, and the role ends once a personal representative takes over.
- [What Happens to Taxes During Florida Probate?](https://www.vollrath-law.com/what-happens-to-taxes-during-florida-probate/): Florida charges no state estate tax and no inheritance tax, so taxes during Florida probate are almost entirely a federal matter. The personal representative is usually responsible for three possible returns: the person's final income tax return, an income tax return for the estate itself if it earns $600 or more, and a federal estate tax return, which in 2026 applies only to estates above $15 million. Taxes generally have to be handled before beneficiaries receive their inheritance.
- [What Happens If Collaborative Divorce Fails in Florida?](https://www.vollrath-law.com/what-happens-if-collaborative-divorce-fails-in-florida/): If a collaborative divorce fails in Florida, the process formally terminates and both spouses must hire new attorneys to take the case to court. This is the defining feature of collaborative divorce: under the rules that govern it, the collaborative lawyers and the neutral professionals are disqualified from representing either spouse in the litigation that follows. Anything shared during the collaborative process stays confidential and generally cannot be used in that later court case.
- [Can I Buy a House With Cash in Florida?](https://www.vollrath-law.com/can-i-buy-a-house-with-cash-in-florida/): Yes, you can buy a house with cash in Florida, and many buyers do. A cash purchase simply means you pay the full price without a mortgage. It usually closes faster, gives sellers more confidence in your offer, and skips lender-driven steps like the loan application, appraisal requirement, and loan contingency.
- [What Is an Inventory in Florida Probate?](https://www.vollrath-law.com/what-is-an-inventory-in-florida-probate/): An inventory in Florida probate is a sworn list of everything the deceased person owned that passes through their estate, with each item's value as of the date of death. The personal representative must file this verified inventory with the court within 60 days after the letters of administration are issued. It tells the court, the beneficiaries, and any creditors exactly what is in the estate. The requirement comes from section 733.604, Florida Statutes and Florida Probate Rule 5.340.
- [What Are Letters of Administration in Florida?](https://www.vollrath-law.com/what-are-letters-of-administration-in-florida/): Letters of administration in Florida are a court document that gives a personal representative legal authority to act for a deceased person's estate. Once a judge signs it, the personal representative can collect assets, access accounts, pay valid debts, and eventually distribute what is left to the beneficiaries. Without letters, a bank, brokerage, or title company will not release estate property to anyone.
- [Florida Summary Administration Limit Increases to $150,000 (2026)](https://www.vollrath-law.com/florida-summary-administration-limit-increases-to-150000/): As of July 1, 2026, the Florida summary administration limit is $150,000, up from $75,000. A new probate reform law, CS/HB 1337 (signed as Chapter 2026-57, Laws of Florida), doubled the value cap for Florida's faster, less expensive probate track. If a loved one's probate estate is worth $150,000 or less after subtracting property that is protected from creditors, the family can likely avoid full formal probate. The older "two years since death" path still works, too.
- [Can Business Owners Use Collaborative Divorce in Florida?](https://www.vollrath-law.com/can-business-owners-use-collaborative-divorce-in-florida/): Yes — and for Florida business owners, collaborative divorce is often the best of the available options. The reasons are specific: collaborative divorce keeps business valuations confidential, avoids the operational disruption that comes with deposition-driven discovery, lets the business owner participate directly in valuation decisions rather than ceding control to dueling experts, and produces a settlement that doesn't sit in the public record for competitors and key employees to read.
- [What Are the Closing Costs When Buying a House in Florida?](https://www.vollrath-law.com/what-are-the-closing-costs-when-buying-a-house-in-florida/): Florida buyers typically pay between 2% and 5% of the purchase price in closing costs — meaning roughly $5,000 to $12,500 on a $250,000 home, or $8,000 to $20,000 on a $400,000 home. The actual number depends on the loan type, the county, and which costs are negotiated to the seller in the contract. Florida's specific tax structure — the documentary stamp tax, the intangible tax, and county-level title insurance customs — creates closing-cost line items that many out-of-state buyers don't recognize until they see the closing disclosure.
- [What Happens to Digital Assets in Florida Probate?](https://www.vollrath-law.com/what-happens-to-digital-assets-in-florida-probate/): Florida's framework for digital assets at death is the Florida Fiduciary Access to Digital Assets Act (FFADAA), codified at Chapter 740, Florida Statutes. Florida adopted FFADAA in 2016 to resolve a problem federal law and the terms of service for nearly every online platform had created: when someone dies, who is allowed to access their email, photos, social media, cryptocurrency wallets, and online accounts? The answer Florida settled on is structured, specific, and very different from what most people expect.
- [Who Has Priority to Serve as Personal Representative in Florida?](https://www.vollrath-law.com/who-has-priority-to-serve-as-personal-representative-in-florida/): Florida resolves the question of who serves as personal representative through two separate priority orders depending on whether the decedent died with a valid will. Section 733.301, Florida Statutes sets the priority list. Section 733.302 controls who is qualified to serve at all. Section 733.303 lists the categories of people who cannot serve. And Section 733.304 imposes a nonresident restriction that catches more out-of-state friends and beneficiaries than any other rule in Florida probate.
- [What is a Petition for Administration in Florida?](https://www.vollrath-law.com/what-is-a-petition-for-administration-in-florida/): A Petition for Administration is the formal court document that opens probate in Florida. It asks the circuit court to admit the will (if there is one), appoint a personal representative, and authorize that person to administer the decedent's estate. Until the petition is filed and granted, no one has legal authority to access bank accounts, sell estate property, pay creditors, or distribute assets — even if the decedent's will named them as personal representative.
- [How Much Does a Collaborative Divorce Cost in Florida?](https://www.vollrath-law.com/how-much-does-a-collaborative-divorce-cost-in-florida/): Are collaborative divorce costs tax-deductible? Personal divorce attorney fees are generally not deductible under current federal tax law (the Tax Cuts and Jobs Act of 2017 eliminated the deduction). Fees specifically attributable to tax advice and to the production of taxable income may have limited deductibility — ask your CPA.
- [What is a Quitclaim Deed in Florida and When Should You Use One?](https://www.vollrath-law.com/what-is-a-quitclaim-deed-in-florida-and-when-should-you-use-one/): A Florida quitclaim deed transfers whatever interest the grantor has in real property — and only that interest — with no warranties or guarantees of title. If the grantor owns the entire fee simple, the grantee receives the entire fee simple. If the grantor owns nothing, the grantee receives nothing, and the grantee has no legal recourse against the grantor.
- [How to Object to a Creditor Claim in Florida Probate](https://www.vollrath-law.com/how-to-object-to-a-creditor-claim-in-florida-probate/): Objecting to a creditor claim in Florida probate is a 30-day procedure with high leverage. Under section 733.705, Florida Statutes, the personal representative or any interested person files a written objection on a claim within 30 days of the claim's timely filing. The creditor then has 30 days to file an independent action to enforce the claim. If they don't — the claim is permanently barred. In J & S Installation Specialist, Inc. v. Mabry, 857 So. 2d 346 (Fla. 2d DCA 2003), the Second District held that even when the creditor's independent action is later dismissed for lack of prosecution, the dismissal extinguishes the claim forever. The creditor cannot try again.
- [Can a Personal Representative Be Held Personally Liable in Florida?](https://www.vollrath-law.com/can-a-personal-representative-be-held-personally-liable-in-florida/): Yes. Under section 733.609, Florida Statutes, a Florida personal representative is a fiduciary "to the same extent as that of a trustee." Any breach of fiduciary duty exposes the personal representative to personal liability — paid from personal funds, not estate assets — for the resulting loss. The standard is strict, the deadlines are unforgiving, and good intentions are not a defense. In Rich v. Narog, a Third District Court of Appeal decision, a personal representative was surcharged approximately $2.54 million for paying fifteen time-barred creditor claims. That money came out of the personal representative's own pocket.
- [What Happens If a Florida Estate Can’t Pay All Its Claims?](https://www.vollrath-law.com/what-happens-if-a-florida-estate-cant-pay-all-its-claims/): Florida law calls it an insolvent estate: the debts and claims filed against an estate add up to more than what's available to pay them. When that happens, Section 733.707, Florida Statutes takes over. The personal representative doesn't choose who gets paid first — the statute does.
- [Collaborative Divorce vs. Mediation](https://www.vollrath-law.com/collaborative-divorce-vs-mediation/): When a marriage ends, it doesn't always have to end in a courtroom. Florida offers two well-established alternatives to traditional divorce litigation: collaborative divorce and mediation. Both are designed to help couples resolve their differences outside of court, and both tend to cost less, take less time, and create less conflict than a contested trial.
- [What is an As-Is Real Estate Contract in Florida?](https://www.vollrath-law.com/what-is-an-as-is-real-estate-contract-in-florida/): If you're buying or selling property in Florida, there's a good chance you'll come across an as-is real estate contract. It's one of the most commonly used purchase agreements in the state, and it's approved by both the Florida Association of Realtors (FAR) and The Florida Bar.
- [How to Handle Real Estate in Probate Without Selling in Florida](https://www.vollrath-law.com/how-to-handle-real-estate-in-probate-without-selling-in-florida/): Your mother passed away and left the family home. Your siblings want to keep it, but it's stuck in probate. The personal representative is talking about selling it to pay debts.
- [What is the Order of Priority for Probate Claims in Florida?](https://www.vollrath-law.com/what-is-the-order-of-priority-for-probate-claims-in-florida/): Your father's estate has $30,000 in the bank. There's $5,000 in funeral expenses, $8,000 in medical bills, $3,000 owed to the IRS, $12,000 in credit card debt, and the lawyer wants $4,000. Everyone wants to be paid. Who gets their money first?
- [What Assets Are Exempt from Probate Creditors in Florida?](https://www.vollrath-law.com/what-assets-are-exempt-from-probate-creditors-in-florida/): Your mother just passed away. She had some credit card debt and medical bills, but she also left you the family furniture, her car, and her homestead property. You're wondering what creditors can actually touch.
- [How Long Does Summary Administration Take in Florida?](https://www.vollrath-law.com/summary-administration-timeline/): Your mom passed away three weeks ago. Her estate is small, just a bank account and her car. You were told you qualify for summary administration because it's faster than regular probate. But what does "faster" actually mean?
- [What is an Ancillary Probate in Florida?](https://www.vollrath-law.com/ancillary-probate-florida/): Your father lived his entire life in New York. But every winter, he stayed at his condo in Naples. Now he's passed away, and you're learning that probating his estate in New York isn't enough. You need a second probate proceeding in Florida just to handle that one piece of property.
- [Can the Personal Representative Sell Estate Property in Florida?](https://www.vollrath-law.com/personal-representative-sell-property/): The house sits empty. Property taxes keep piling up. You're the personal representative, and every month you watch the estate lose money on utilities, insurance, and maintenance for a property nobody's using.
- [Do All Assets Go Through Probate in Florida?](https://www.vollrath-law.com/assets-that-avoid-probate-florida/): You just inherited your father's estate. The lawyer mentions probate, and suddenly you're imagining months of paperwork, court dates, and legal fees for every single account and piece of property he owned.
- [Do You Have to Go Through Probate If the House Is in a Trust?](https://www.vollrath-law.com/do-you-have-to-go-through-probate-if-the-house-is-in-a-trust/): If the house is properly held in a revocable living trust, you can skip probate entirely. Property in a trust transfers directly to beneficiaries without court involvement, saving you time, money, and headaches during an already difficult time.
- [What is Formal Probate Administration in Florida?](https://www.vollrath-law.com/what-is-formal-probate-administration-in-florida/): Someone you love has passed away.
- [Can a Personal Representative Refuse an Appointment in Florida?](https://www.vollrath-law.com/can-a-personal-representative-refuse-an-appointment-in-florida/): Your mother's will just named you as personal representative.
- [What Happens If Creditors Don’t File Claims in Probate?](https://www.vollrath-law.com/what-happens-if-creditors-dont-file-claims-in-probate/): Your father passed away six months ago.
- [​​How to Change Personal Representatives During Probate in Florida](https://www.vollrath-law.com/how-to-change-personal-representatives-during-probate-in-florida/): The personal representative is mismanaging your loved one’s estate.
- [Can You Contest a Will After Probate in Florida?](https://www.vollrath-law.com/can-you-contest-a-will-after-probate-in-florida/): You just learned your mother’s will left everything to your sister—nothing to you or your brother. You didn’t even know about it until months after she died, after the will was already admitted to probate.
- [Estate Insolvency: What Happens When The Estate Owes More Than It’s Worth?](https://www.vollrath-law.com/estate-insolvency-what-happens-when-the-estate-owes-more-than-its-worth/): An insolvent estate simply means the deceased person's debts exceed the value of their assets.
- [Do I Inherit My Parents’ Debt When They Pass Away?](https://www.vollrath-law.com/do-i-inherit-my-parents-debt-when-they-pass-away/): After your parent passes away, you're dealing with grief and funeral arrangements. Then the phone calls start. Credit card companies. Medical billing departments. Collection agencies. They're all demanding payment for your parent's debts, and they're calling you.
- [Can I Withdraw Money from My Deceased Parent’s Bank Account?](https://www.vollrath-law.com/can-i-withdraw-money-from-my-deceased-parents-bank-account/): When a parent passes away, you're often left managing urgent expenses while grieving. You might need to cover funeral costs, pay their mortgage, or handle outstanding bills. It's natural to wonder whether you can simply withdraw money from their bank account to take care of these immediate needs.
- [How Do I Make Sure My Business Keeps Running If Something Happens to Me?](https://www.vollrath-law.com/business-continuity-planning-florida/): Insurance funding makes business continuity plans workable by providing liquidity when you need it most.
- [Florida Medicaid Estate Recovery Program](https://www.vollrath-law.com/florida-medicaid-estate-recovery/): If your parent received Medicaid benefits before passing away, you may face an unexpected challenge during probate: the state's attempt to recover what it paid for their care.
- [Can I Set up a Trust So My Kids Only Get Money If They Meet Certain Conditions?](https://www.vollrath-law.com/set-up-a-trust-for-a-minor/): You want to leave your children an inheritance, but you're concerned about how they'll use it. You're wondering whether you can set up a trust for a minor that releases money only when they meet specific requirements you establish.
- [Can I Receive Alimony in a Short-term Marriage?](https://www.vollrath-law.com/alimony-in-florida-short-term-marriage/): You haven't been married for long, and now you're facing divorce. Your spouse earned significantly more than you did during the marriage, and you're wondering about alimony in Florida short term marriage cases.
- [What Happens to a Business When the Owner Dies Without a Will](https://www.vollrath-law.com/what-happens-to-a-business-when-the-owner-dies-without-a-will/): You've invested years of work, secured clients, hired employees, and created something valuable. But what happens to a business when the owner dies without a Will?
- [Is a Copy of a Will Valid in Florida?](https://www.vollrath-law.com/is-a-copy-of-a-will-valid-in-florida/): When you're sorting through a loved one's papers after their death and find a copy of their Will, not the original, you're facing a complicated situation. Is a copy of a Will valid in Florida?
- [5 Probate Mistakes That Will Cost Your Family Thousands](https://www.vollrath-law.com/probate-mistakes/): When a loved one passes away, the last thing you want is for their estate to get tied up in unnecessary delays, disputes, or unexpected costs. Yet every year, families lose thousands of dollars due to preventable probate mistakes, some of which can drag on for months or even years.
- [What Happens If I Don’t File Probate in Florida?](https://www.vollrath-law.com/can-probate-be-refused/): Can probate be refused? Some families ask this question after losing a loved one, hoping to avoid what seems like an unnecessary legal process.
- [How Long Can You Live in a House During Probate in Florida?](https://www.vollrath-law.com/how-long-can-you-live-in-a-house-during-probate/): Your parent just passed away.
- [Do You Need a Probate Bond in Florida? Requirements, Exceptions, and Costs](https://www.vollrath-law.com/what-is-a-probate-bond/): What is a probate bond? If you've been named as personal representative of a loved one's estate in Florida, it's imperative that you understand what it is.
- [Delays in Seminole County Probate Court | Causes & What You Can Do](https://www.vollrath-law.com/probate-delays-in-seminole-county/): So what's really going on? Several factors are creating the perfect storm for probate delays in Seminole County:
- [Notice to Creditors Template for Florida Probate](https://www.vollrath-law.com/notice-to-creditors-florida/): Getting this notice exactly right protects beneficiaries from surprise debts appearing later. Florida law requires specific language and information that must appear in a precise format.
- [How Much Does a Probate Lawyer Cost in Central Florida? [2025 Fee Guide]](https://www.vollrath-law.com/probate-attorney-fees-florida/): At Vollrath Law, we know how overwhelming the probate process can feel, especially when you're worried about legal fees. Whether you're the personal representative (executor) or a family member trying to understand your options, this guide explains everything you need to know about probate lawyer fees in Oviedo and throughout Seminole County.
- [ Selling Inherited Property in Florida](https://www.vollrath-law.com/selling-inherited-property-in-florida/): This guide explains the taxes on selling inherited property in Florida, your options as an heir, what happens when several heirs inherit together, and how the sale itself works. If the estate still has to go through probate before anyone can sell, that side is covered in selling a house during probate.
- [Family Probate Mediation Services in Oviedo, FL](https://www.vollrath-law.com/probate-mediation-lawyers/): At Vollrath Law, we represent clients across Central Florida in contested probate and trust matters, including mediation. Here’s what you need to know about how probate mediation works in Florida, what it can (and can’t) do, and when it makes sense to pursue.
- [5 Common Florida Probate Disputes and How to Avoid Them](https://www.vollrath-law.com/probate-disputes-in-florida/): In Florida, probate disputes are more common than most people realize. Whether it’s because of poor planning, unclear documents, or long-standing family tension, these issues often end up in court.
- [Do I Need a Probate Lawyer in Florida If There Are No Disputes?](https://www.vollrath-law.com/do-i-need-probate-lawyer-if-there-are-no-disputes/): When a loved one passes away, probate often feels like one more obstacle in an already emotional time. So if there’s no fighting, no disagreements, and everyone seems to be on the same page—do you really need to hire a probate lawyer?
- [Guide to Probate at the Seminole County Civil Courthouse](https://www.vollrath-law.com/seminole-county-probate-court/): If you’ve recently lost a loved one and need to begin probate in Seminole County, you may be wondering where to go, what forms are needed, and whether you can handle it on your own. Probate is never simple, but with the right guidance—and a clear understanding of the local court system—you can avoid unnecessary confusion or delay.
- [How Long Do You Have to File Probate After Death in Florida?](https://www.vollrath-law.com/how-long-to-file-probate-after-death-florida/): Florida doesn’t impose a strict deadline to open probate after someone passes away—but that doesn’t mean you have all the time in the world. Certain deadlines kick in soon after death, and the longer you wait, the more complicated, expensive, and frustrating the process can become.
- [What If a Sibling Will Not Sign Probate Documents? Legal Options in Florida](https://www.vollrath-law.com/sibling-wont-sign-probate-documents-florida/): Dealing with a loved one's estate is tough enough without family disagreements. But what happens when your brother or sister flat-out refuses to sign probate paperwork? This roadblock can throw a wrench into the whole process, leaving you frustrated and unsure of your next steps.
- [Can a Trust Be Changed? What Florida Families Need to Know](https://www.vollrath-law.com/can-a-trust-be-changed-florida/): Creating a trust is one of the most powerful tools in an estate plan—but what happens if life changes after your trust is signed? A new grandchild is born, relationships evolve, or laws shift. You may start wondering: Can a trust be changed after it's created?
- [How Long Does Closing on a House Take?](https://www.vollrath-law.com/how-long-closing-on-house/): If you’re buying or selling a home in Florida, you’re probably wondering: How long is this going to take? It’s a fair question—and one we hear all the time.
- [The Benefits of Collaborative Divorce in Florida – A Focus on Children](https://www.vollrath-law.com/benefits-of-collaborative-divorce/): Divorce is a challenging process for any family, but it can be particularly difficult for children. In Florida, the collaborative divorce process offers a more amicable and supportive alternative to traditional divorce, with numerous benefits for families, especially children. This blog post explores the collaborative divorce process, its differences from traditional divorce, and the specific advantages it offers, including cost-effectiveness, privacy, reduced conflict, and a positive impact on children.
- [How to Transfer Property Without Probate in Florida](https://www.vollrath-law.com/can-property-be-transferred-without-probate/): Can property be transferred without probate?
- [Selling a House During Probate in Florida](https://www.vollrath-law.com/can-you-sell-house-during-probate/): Yes, you can sell a house during probate in Florida. It happens all the time, when a family needs to pay estate debts, split the value among heirs, or simply does not want to hold onto the property. But selling a home that is tied up in probate is not the same as a normal sale. The personal representative, not the heirs, controls it, and depending on the will, you may need the court’s approval before the sale can close.
- [What If a Beneficiary Dies Before Receiving Their Inheritance in Florida?](https://www.vollrath-law.com/beneficiary-dies-before-receiving-inheritance/): It’s a scenario most people don’t expect—but it happens more often than you might think.
- [How to Expedite Probate in Florida – 8 Things You Can Do to Speed Things Up](https://www.vollrath-law.com/how-to-speed-up-probate-process/): Waiting on probate feels like watching the clock tick—only slower.
- [Can Probate Move Forward in Florida If a Beneficiary Is Missing?](https://www.vollrath-law.com/missing-beneficiary-time-limit/): If the missing beneficiary appears before the 10-year missing beneficiary time limit expires:
- [Is Homestead Property Exempt from Probate in Florida? What You Need to Know](https://www.vollrath-law.com/is-homestead-property-exempt-from-probate-in-florida/): If you own a home in Florida, you've likely heard about the exceptional protections our state offers through homestead exemptions. These protections shield your primary residence from creditors, provide tax benefits, and offer special inheritance rules. But one question we frequently hear at Vollrath Law is: "Is homestead property exempt from probate in Florida?"
- [Does an LLC Go Through Probate? What Florida Business Owners Need to Know](https://www.vollrath-law.com/does-an-llc-go-through-probate/): As a business owner in Florida, you've worked hard to build your company. But have you considered what will happen to your business when you're no longer here? Many entrepreneurs are surprised to learn that without proper planning, their LLC might have to go through the probate process, creating delays, expenses, and headaches for their loved ones.
- [Do All Heirs Have to Agree to Sell Property? Your Rights During Probate in Florida](https://www.vollrath-law.com/do-all-heirs-have-to-agree-to-sell-property/): Inheriting property can be both a blessing and a source of family conflict. One of the most common questions we hear at Vollrath Law is: "Do all heirs have to agree to sell property during probate?" This question often comes up when some family members want to sell an inherited home while others wish to keep it.
- [How is Property Divided in Florida If My Spouse and I Can’t Agree?](https://www.vollrath-law.com/typical-divorce-settlement-in-florida/): Let's break down what this looks like in a typical divorce settlement in Florida.
- [My Ex Quit Their Job and is Avoiding Child Support—What Can I Do?](https://www.vollrath-law.com/avoiding-child-support/): It's a frustrating and unfortunately common scenario: your ex-partner suddenly quits their job, takes a much lower-paying position, or claims they can't find work—all while their child support payments shrink or stop completely. If you're facing this situation, you're likely wondering if your ex's behavior constitutes avoiding child support and what you can do about it.
- [Selling a Home in Florida? Here’s What You Need to Know Before Closing](https://www.vollrath-law.com/selling-a-house-in-florida/): When you're selling your home in Florida, the period between accepting an offer and closing the deal can be both exciting and overwhelming.
- [Why Incapacity Planning Is the Most Important Legal Step You Haven’t Taken](https://www.vollrath-law.com/incapacity-planning/): This is why incapacity planning matters. It's not about age—it's about having a say in what happens if you ever can’t make decisions for yourself. A solid incapacity plan ensures your wishes are followed and that the right people are there to support you when you need them most. Without one, your family could face unnecessary legal battles, confusion, and stress—all at a time when they should be focused on your well-being.
- [What Happens When a Personal Representative Refuses to Serve?](https://www.vollrath-law.com/what-happens-when-an-executor-refuses/): Being a personal representative (some states call it an "executor") isn't always what someone signed up for. Maybe your loved one's personal representative is feeling overwhelmed, or perhaps you're the personal representative, and you're thinking, "I can't do this anymore." Either way, you're not alone, and there are clear steps to handle this situation properly.
- [We Just Found a New Will After Probate—What Happens Now?](https://www.vollrath-law.com/what-happens-if-a-will-is-found-after-probate/): It's a scenario that happens more often than you might think: a family is in the middle of probating a loved one's will when suddenly someone discovers a different will tucked away in a safety deposit box, hidden in a desk drawer, or stored with a different attorney.
- [How to Make Sure Your Kids Don’t Blow Their Inheritance](https://www.vollrath-law.com/how-to-protect-inheritance/): As parents, we work hard to build financial security not just for ourselves but for our children's future. However, a common concern we hear from clients at Vollrath Law is: "What if my kids aren't ready for a large inheritance?" This worry is completely valid. Studies show that nearly 70% of families lose their wealth by the second generation and 90% by the third.
- [7 Things Every Florida Personal Representative Must Do (Or Risk Legal Trouble)](https://www.vollrath-law.com/executor-responsibilities-in-florida/): Being named personal representative is a deeply personal responsibility. It’s not just about paperwork and legal processes—it’s about carrying out the final wishes of someone who trusted you. That trust comes with challenges, from managing assets to ensuring debts are settled correctly.
- [How to Get Guardianship of a Child in Florida: A Step-by-Step Guide](https://www.vollrath-law.com/how-to-get-guardianship-of-a-child-in-florida/): Becoming a legal guardian isn't something most people plan for—but life has a way of throwing unexpected challenges our way. Maybe a relative's child needs a stable home, or a close friend's situation has changed overnight.
- [The 10-Step Blueprint to the Estate Planning Process](https://www.vollrath-law.com/estate-planning-process/): In this guide, we'll walk you through the key steps of the estate planning process, the essential tools involved, and important considerations along the way.
- [How to Separate from Your Spouse While You’re Still Living Together in Florida](https://www.vollrath-law.com/separate-from-spouse-while-still-living-together/): When a marriage is in trouble, many couples find themselves in limbo---wanting to separate but not being ready or able to physically part ways.
- [A Guide to the Different Types of Trusts & How to Find the Right Fit for Your Estate Plan](https://www.vollrath-law.com/types-of-trusts/): But with so many different types of trusts to choose from, each with its own unique features and advantages, it can be challenging to determine which one is the best fit for your specific needs and goals.
- [Who Qualifies as an “Interested Person” in a Florida Probate Case?](https://www.vollrath-law.com/who-is-an-interested-person-in-probate/): If you are involved in a Florida probate proceeding, you may have heard the term "interested person" used to describe someone with legal rights or involvement in the process. But what exactly does it mean to be an interested person under Florida probate law?
- [Who Is Responsible for Debt After Someone Dies in Florida?](https://www.vollrath-law.com/who-is-responsible-for-debt-after-death/): When a loved one passes away, dealing with their debts can be a confusing and stressful part of the process. It's natural to worry about whether you might be on the hook for paying back money they owed.
- [Who Pays Property Taxes During Probate in Florida?](https://www.vollrath-law.com/who-pays-property-taxes-while-in-probate/): When a deceased person’s estate enters probate in Florida, the estate is typically responsible for paying the taxes during the probate process—but this isn’t always as straightforward as it sounds.
- [Can a Probate Case Be Reopened After It’s Closed in Florida?](https://www.vollrath-law.com/can-a-probate-case-be-reopened-after-its-closed/): Dealing with probate after the loss of a loved one can be a challenging experience. It's not uncommon for questions to arise even after a probate case has been closed. Maybe you've discovered a hidden bank account, or you suspect the probate process was mishandled. In these situations, many people wonder: Is it possible to reopen a probate case in Florida after it's been closed?
- [When Can a Will Be Contested in Florida Probate?](https://www.vollrath-law.com/grounds-for-contesting-a-will/): Learning that something might be wrong with your loved one's will stirs up a storm of emotions. While you're still processing your grief, you might feel angry at the thought that someone took advantage of your loved one, scared of potentially damaging family relationships, and overwhelmed by the mere thought of speaking up and dealing with the legal system.
- [What is the Elective Share in Florida Probate?](https://www.vollrath-law.com/what-is-the-elective-share-in-florida-probate/): Imagine finding out that when your husband or wife died, they left you with less than expected – or worse, nothing at all. Pretty scary thought, right?
- [What Happens in Florida Probate Court? A Step-by-Step Guide](https://www.vollrath-law.com/what-happens-in-probate-court/): Probate allows the deceased person's assets to be properly inventoried, debts and taxes to be paid, and remaining assets to be legally transferred to heirs or beneficiaries.
- [How is Out-of-State Property Handled During Probate in Florida?](https://www.vollrath-law.com/out-of-state-property-florida-probate/): When a Florida resident dies owning real estate or other property located outside of the state, it can raise many questions for the deceased's family members and heirs.
- [The Four Different Types of Probate in Florida](https://www.vollrath-law.com/types-of-probate-in-florida/): When someone passes away in Florida, their estate often must go through probate – a court-supervised process that involves identifying and gathering the decedent's assets, paying debts and taxes, and distributing remaining assets to beneficiaries. However, not all probate proceedings are the same.
- [Florida Probate Rules Explained (2026 Update): What Personal Representatives Need to Know](https://www.vollrath-law.com/florida-probate-rules/): The Florida probate process is governed by the Florida Probate Rules and Florida Statutes Chapters 731-735. There are two main types of probate administration in Florida: formal administration and summary administration.
- [What Does a Probate Lawyer Do?](https://www.vollrath-law.com/what-does-a-probate-lawyer-do/): A probate lawyer guides the personal representative, sometimes called the executor, through the court process of settling a deceased person’s estate. They prepare and file the court documents, notify creditors and beneficiaries, help pay valid debts and taxes, resolve disputes, and make sure the remaining assets reach the rightful heirs. In short, they turn a confusing legal process into a series of manageable steps.
- [What Happens During Probate in Florida When There’s No Will?](https://www.vollrath-law.com/probate-in-florida-without-a-will/): When a loved one passes away without a will in Florida, their estate must still go through the probate process. Dying without a valid will is known as dying "intestate." In these situations, Florida's intestate succession laws determine who inherits the estate assets.
- [Comparing Advance Directives in Health Care Planning](https://www.vollrath-law.com/living-will-vs-advance-directive/): When you're facing a serious illness or accident that leaves you unable to communicate, critical medical decisions must be made on your behalf. Who will speak for you and ensure you get the care you want? How will doctors know your wishes if you can't tell them yourself?
- [What Assets Are Exempt from Probate in Florida?](https://www.vollrath-law.com/what-assets-are-exempt-from-probate-in-florida/): When it comes to estate planning in Florida, one of the primary goals is often to avoid probate. Probate is the legal process of validating a will and distributing a deceased person's assets to their beneficiaries. While probate serves an important purpose, it can also be time-consuming, costly, and emotionally draining for families.
- [Collaborative Divorce in Florida: A Comprehensive Guide](https://www.vollrath-law.com/collaborative-divorce-florida/): Collaborative divorce is a unique and increasingly popular approach to ending a marriage in Florida. It offers couples an alternative to the adversarial nature of traditional divorce proceedings by promoting cooperation and mutual respect throughout the process. This method can lead to less emotional stress, quicker resolutions, and better outcomes for both parties.
- [Who is Responsible for Credit Card Debt in a Divorce?](https://www.vollrath-law.com/who-is-responsible-for-credit-card-debt-in-divorce/): For many divorcing couples, one of the biggest financial issues to sort out is how to handle credit card debt. In fact, credit card balances are often among the most significant and common types of debt that must be addressed during a split.
- [Florida Probate Requirements, Rules & Processes – What You Need To Know](https://www.vollrath-law.com/probate-requirements-in-florida/): When a loved one passes away, the last thing you want to think about is the legal process of settling their estate. However, understanding the probate requirements in Florida is crucial for ensuring that your loved one's assets are distributed according to their wishes and that their debts and taxes are paid.
- [How to Get a Divorce Immediately in Florida: Simplified Marriage Dissolution](https://www.vollrath-law.com/how-to-get-divorce-immediately/): You've reached a point where your marriage feels irreparably broken, and the idea of staying together is more painful than the thought of separation. You wonder, "How can I get divorced immediately?"
- [Does Divorce Revoke a Will in Florida?](https://www.vollrath-law.com/does-divorce-revoke-a-will/): When you're going through a divorce, there's a lot to deal with, and one important question that comes up is: what happens to your will? Many people wonder if getting divorced automatically cancels out your existing will.

## Pages
- [Oviedo Estate Planning Lawyer](https://www.vollrath-law.com/oviedo-estate-planning-attorney/): Estate planning isn't just about writing a will; it's a complicated process that requires time and expertise.
- [Oviedo Real Estate Attorney](https://www.vollrath-law.com/oviedo-real-estate-attorney/): For most people, buying or selling real estate is the largest financial transaction of their lives. A small mistake in a contract, a missed title issue, or an undisclosed defect can cost far more than a lawyer ever would. That is why so many Oviedo buyers, sellers, and investors bring an attorney in from the start instead of hoping everything goes smoothly.
- [Oviedo Family Law Attorney](https://www.vollrath-law.com/oviedo-family-law-attorney/): Family matters carry a weight that few other legal problems do. A divorce, a custody dispute, or a question about support is never just paperwork. It touches your children, your home, your finances, and the version of your life that comes next. When you are standing in the middle of that, what you need is not a lecture. You need someone who understands both the law and what you are actually going through.
- [Oviedo Probate Attorney](https://www.vollrath-law.com/oviedo-probate-attorney/): Losing someone you love is hard enough without a court process on top of it. Yet that is exactly what many Florida families face, because settling a person’s estate usually means going through probate. The paperwork, the deadlines, and the legal language can feel overwhelming at the worst possible time.
- [Oviedo Collaborative Divorce Lawyer](https://www.vollrath-law.com/oviedo-collaborative-divorce-lawyer/): 85% of collaborative divorces in Florida reach a full agreement.
- [Media](https://www.vollrath-law.com/media/): Media
- [Jenann Celecia](https://www.vollrath-law.com/attorney/jenann-celecia/): Attorney Jenann Celecia has been proud to be a part of the Central Florida community since 2006. She graduated law school summa cum laude, finishing 10th in her law school class in 2015. While in law school, she was an editor on law review and earned multiple Book Awards for the highest grades in Criminal Law, Contracts II, Property II, Civil Procedure, and Business Associations. She was also one of only seven students in the state selected to intern with the Florida Supreme Court. Before joining Vollrath Law, she practiced estate planning and asset protection at a boutique law firm in Winter Park, where she helped individuals and families navigate complex planning with clarity and care. At Vollrath Law, she continues to assist clients to prepare for the future and protect what matters most. In her spare time, Jenann enjoys spending time with her husband and three children, reading, and spending time outdoors. 
- [Kimberly Palmer](https://www.vollrath-law.com/attorney/kimberly-palmer/): Attorney Kimberly Palmer was born and raised in Central Florida. She received her bachelor’s degree in International Business from Bethune-Cookman University in Daytona Beach. She graduated from Florida A&M University College of Law in 2015 and began her career as an Analyst for the Agency for Persons with Disabilities. She later transitioned into the practice of family law while working for the Legal Aid Society of the Orange County Bar Association and represented indigent survivors of domestic violence in divorce, paternity actions, injunctions for protection, and immigration matters. She currently serves in the family law department at Vollrath Law, PA.
- [Abigail Edelstein](https://www.vollrath-law.com/attorney/abigail-edelstein/): Attorney Abigail Edelstein draws on her extensive background in business, real estate, estate planning, and probate law to provide practical and customized solutions that meet her clients’ unique needs. Currently specializing in probate law, Ms. Edelstein brings a wealth of knowledge and experience to each case.
- [Accessibility Statement](https://www.vollrath-law.com/accessibility-statement/): We endeavor to provide accessibility and continue our efforts to constantly and consistently improve the accessibility of our website and services in the belief that we are all best served when we work together to ensure everyone has access to the legal representation they need at any time.
- [Oviedo Alimony Lawyer](https://www.vollrath-law.com/oviedo-alimony-lawyer/): Ending a marriage can be complex and emotional, so having an experienced Oviedo alimony lawyer by your side can make a big difference.
- [Oviedo Prenuptial Agreements Lawyer](https://www.vollrath-law.com/oviedo-prenuptial-agreements-lawyer/): Let’s discuss the benefits of prenuptial agreements, the legal process involved, and how an experienced Oviedo prenuptial agreements lawyer can help. Contact Vollrath Law in Oviedo today to set up a free initial consultation.
- [Post-divorce Modifications](https://www.vollrath-law.com/oviedo-post-divorce-modifications/): In Florida, some specific guidelines and processes must be followed when seeking such modifications, and an Oviedo post-divorce modifications lawyer can help you navigate those guidelines. Contact Vollrath Law in Oviedo today to set up a free initial consultation.
- [Geneva Estate Planning and Family Lawyers](https://www.vollrath-law.com/geneva-estate-planning-and-family-lawyers/): That's where our Geneva estate planning and family lawyers come in.
- [Winter Springs Estate Planning and Family Lawyers](https://www.vollrath-law.com/winter-springs-estate-planning-and-family-lawyers/): Securing your family's future is crucial, and that's why estate planning is an important step. Our Winter Springs estate planning and family lawyers at Vollrath Law can provide legal guidance and support to help you plan and protect your loved ones' future.
- [Sanford Estate Planning and Family Lawyers](https://www.vollrath-law.com/sanford-estate-planning-and-family-lawyers/): Ensuring the security and protection of your loved ones is crucial when it comes to planning for your family's future. That's why our team of Sanford estate planning and family lawyers is here to help.
- [Longwood Estate Planning and Family Lawyers](https://www.vollrath-law.com/longwood-estate-planning-and-family-lawyers/): Ensuring the future of your family requires proactive planning and taking steps to safeguard your loved ones. This is where our team of experienced Longwood estate planning and family lawyers at Vollrath Law can assist you.
- [Lake Mary Estate Planning and Family Lawyers](https://www.vollrath-law.com/lake-mary-estate-planning-and-family-lawyers/): Our team of experienced Lake Mary estate planning and family lawyers is dedicated to guiding and supporting you through various legal issues related to estate planning and family law. Whether you need to create a will or trust, establish a guardianship, navigate a complex divorce, or resolve a child custody dispute, we have the knowledge to help you achieve your goals.
- [Casselberry Estate Planning and Family Lawyers](https://www.vollrath-law.com/casselberry-estate-planning-and-family-lawyers/): Planning for the future is crucial when you have a family. After all, a solid plan ensures their protection and security. However, seeking legal assistance from our Casselberry estate planning and family lawyers is essential.
- [Contact Us](https://www.vollrath-law.com/contact-us/)
- [Blog](https://www.vollrath-law.com/blog/)
- [Oviedo Child Support Lawyer](https://www.vollrath-law.com/oviedo-child-support-lawyer/): We know that every family is unique, and that's why we take a personalized approach to every case. We take the time to listen to your concerns and understand your goals. Our Oviedo child support lawyers will work with you to develop a legal strategy that meets your needs and protects your rights.
- [Oviedo Child Custody Lawyer](https://www.vollrath-law.com/oviedo-child-custody-lawyer/): That's why our experienced Oviedo child custody lawyers are here to help you navigate this complex legal process with empathy, understanding, and compassion.
- [Oviedo Advance Directives Lawyer](https://www.vollrath-law.com/oviedo-advanced-directives-lawyer/): None of us knows what the future holds. That's why it's important to have a plan in place, especially when it comes to end-of-life care.
- [Oviedo Divorce Lawyer](https://www.vollrath-law.com/oviedo-divorce-lawyer/): Divorce is one of the hardest things a person goes through, and the legal process can make it feel even heavier. Deadlines, paperwork, and decisions about your children, your home, and your finances all arrive at once, usually when you have the least energy to deal with them. The right attorney takes that weight off your shoulders and helps you move through it with a clear head.
- [Oviedo Special Needs Planning Attorney](https://www.vollrath-law.com/oviedo-special-needs-planning-attorney/): Contact an Oviedo special needs planning attorney today to learn more about how our special needs planning services can help you.
- [Oviedo Will Lawyer](https://www.vollrath-law.com/oviedo-will-lawyer/): Secure your family's future with the help of our experienced Oviedo will lawyer at Vollrath Law.
- [Stephanie Vollrath](https://www.vollrath-law.com/attorney/vollrath-stephanie/): Stephanie Vollrath has been a resident of Seminole County in the Oviedo/Winter Springs area for more than twenty years.  She raised her family in the area, and has been active in the community.  Ms. Vollrath has taken a non-traditional path to her current law practice.  Prior to becoming an attorney, Ms. Vollrath worked for seven years in the investment arena, as a licensed investment advisor for Barnett Securities, where she counseled and advised clients in various areas of financial planning.  Ms. Vollrath resigned from Barnett to assist in building her husband’s CPA practice, working as a staff accountant.
- [Sharon Vollrath](https://www.vollrath-law.com/attorney/vollrath-sharon-l/): Sharon L. Vollrath is a compassionate attorney specializing in Collaborative Divorce and real estate transactions. A long-time resident of Central Florida, Sharon is dedicated to meeting her clients' needs with empathy and expertise.She graduated from Barry University School of Law, where she developed a strong foundation in family law. Prior to law school, Sharon earned her bachelor's degree in Sociology from the University of Central Florida and completed her Associate of Arts degree at Seminole State College.
- [Disclaimer](https://www.vollrath-law.com/disclaimer/): The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
- [About Us](https://www.vollrath-law.com/about-us/): The attorneys at Vollrath Law share more than their profession; they are sisters. Stephanie Vollrath, Esq., and Sharon Vollrath, Esq., both followed a nontraditional path to their legal practice. Raised together in San Francisco, each moved to central Florida at a different time to raise their family. Remarkably, both sisters chose a late career in law.
- [Why Hiring A Real Estate Attorney Makes Sense](https://www.vollrath-law.com/real-estate/why-hiring-a-real-estate-attorney-makes-sense/): Real estate is among the most significant investments in most people’s lives, and central Florida has long been one of the best areas in the state to invest in real estate. Whether you are buying or selling residential real estate, investing in rental properties, or buying, leasing or selling commercial real estate, the experienced real estate attorney at Vollrath Law is ready to make sure that your rights are protected and your transaction comes off without a hitch.
- [Oviedo Trust Lawyer](https://www.vollrath-law.com/oviedo-trust-lawyer/): A trust is one of the most useful tools in estate planning, and also one of the most misunderstood. Set up well, a trust keeps your affairs private, spares your family the cost and delay of probate court, and makes sure the people you love are cared for exactly the way you intend. Set up poorly, or left unfunded, it can create a false sense of security that falls apart when it matters most.
- [Guardianship](https://www.vollrath-law.com/oviedo-guardianship-attorney/): Guardianship is a legal process in which an individual is granted the right to care for another individual (known as the ward) due to incapacity, disability or if the ward is a minor. A legal guardian has the authority to make decisions on behalf of the ward regarding personal care and finances. Guardianship can be granted voluntarily or awarded by a court involuntarily due to the ward’s lack of physical or mental capacity.
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