Guiding You Through the Complexities of Probate With Compassionate Support

Have you recently lost a loved one?

Are you feeling overwhelmed by the legal complexities of the probate process?

Do you find yourself struggling to navigate through the paperwork and deadlines required to settle your loved one’s affairs?

At Vollrath Law in Oviedo, we understand how emotionally taxing it can be to handle the legal aspects of probate while grieving the loss of a loved one. That’s why we’re here to help you through every step of the process.

Our compassionate and experienced Oviedo probate attorney is committed to providing you with the personalized attention and legal guidance you need during this difficult time. We’ll work with you to navigate the complexities of probate law, handle the required paperwork and deadlines, and ensure that your loved one’s final wishes are fulfilled.

You don’t have to go through this process alone. Let us be your trusted legal partner and help ease the burden of probate. Contact our law firm today to schedule a consultation and take the first step toward resolving your loved one’s affairs.

Oviedo Probate Lawyers Helping You Settle Your Loved One’s Affairs

Losing a loved one is never easy, and settling their affairs can be overwhelming. At Vollrath Law, our Oviedo probate lawyers are here to help you through this difficult time.

We understand the importance of preserving your loved one’s legacy and will work tirelessly to ensure their final wishes are carried out according to their wishes.

Here’s how we can help you.

Probate Administration

The death of a family member is a challenging time made more difficult by the prospect of probating an estate. Probate is taking inventory of a decedent’s assets, paying debtors, and distributing what is left to beneficiaries according to the directions left in the will drafted with the help of a wills and trusts lawyer. If no will exists, the estate is probated according to Florida intestate laws.

At Vollrath Law, we help central Florida residents probate estates irrespective of whether a will exists. From small estates to those with more complex business interests and assets in multiple jurisdictions, we provide the results for our clients.

The probate process can take more than one form:

• Summary administration is a shortcut for estates with assets valued at $75,000 or less. The court does not appoint a personal representative or executor. Instead, it issues an order releasing the property to the rightful beneficiaries.
• Formal administration is required for most estates over $75,000. The court appoints a personal representative who gathers and inventories assets, pays debts and taxes, and distributes the remainder to the appropriate beneficiaries.

Trust Administration

Trust administration refers to managing and distributing assets placed in a trust. A trust is a legal instrument that allows you to transfer ownership of your assets to a trustee, who holds and manages them on behalf of your beneficiaries according to your wishes.

The trust administration process involves several steps, including identifying and valuing assets, paying any outstanding debts or taxes, and distributing assets to beneficiaries per the terms of the trust. It also involves ensuring that the trust is properly funded and managed and that all necessary legal and tax requirements are met.

At Vollrath Law, we can guide you through the trust administration process and ensure everything is handled correctly. Our experienced attorneys can assist with the preparation and interpretation of trust documents and advise on tax and legal issues related to trust administration.

Resolving Probate Disputes With the Help of an Oviedo Probate Attorney

Unfortunately, disputes can arise during the probate process, making an already challenging time even more difficult. These disputes can take many forms, including challenges to the validity of a will, disputes over the distribution of assets, or disagreements over the appointment of a personal representative.

At Vollrath Law, our experienced probate attorneys have the knowledge and skill to navigate these complex disputes and help you find a resolution. We understand how emotionally charged these disputes can be and strive to provide compassionate and effective representation.

Probate Litigation

Probate litigation is a legal process that involves resolving disputes related to the administration of a deceased person’s estate. The process typically begins with the filing of a petition in probate court and involves a series of steps, including discovery, depositions, motions, and a trial.

During the process, attorneys for both sides will present evidence, call witnesses, and argue their case to the judge or jury. The goal of probate litigation is to resolve any issues or disputes related to the estate, and it can be a complex and time-consuming process.

At Vollrath Law, our probate lawyers serving Oviedo, FL, have the knowledge and experience to help you navigate these complex legal issues. We will work tirelessly to protect your rights and your loved one’s legacy. Contact us today to schedule a FREE consultation and learn more about how we can help.

What Happens If You Don’t Hire a Probate Attorney?

The probate process can be complex and confusing, especially if you don’t have legal expertise in this area. While handling things on your own may be tempting, the consequences of not hiring a probate attorney can be significant.

Here are just a few things that could go wrong:

• Errors in paperwork — Probate requires a significant amount of paperwork, and if this paperwork is not completed correctly, it can result in costly errors and delays.
• Challenges to the will — Ensuring that the will is properly executed and valid can be difficult without legal guidance. This could lead to challenges from disgruntled heirs, resulting in lengthy legal battles.
• Missed deadlines — Probate has strict deadlines that must be met. Without an attorney to guide you, it can be easy to miss these deadlines, resulting in penalties and delays.
• Conflicts among family members — The probate process can be emotionally charged, and without an attorney to help mediate disputes, conflicts among family members can escalate quickly.

By hiring a probate attorney, you can avoid these potential pitfalls and ensure the probate process goes as smoothly as possible. At Vollrath Law, we can provide you with the legal expertise you need to navigate the complexities of probate and avoid costly mistakes.

Don’t risk the consequences of handling probate on your own. Book a meeting with our law office today and find out how we can help you protect your loved one’s legacy.

Have You Been Named a Personal Representative?

Estate administration lawyer Stephanie Vollrath represents those named personal representatives in the probate proceeding.

The founder of our firm also represents heirs who want to challenge the personal representative who is unable or unwilling to fulfill their duties.

Our practice includes estate planning, probate administration, and probate litigation. Comprehensive services at a single location allow Florida residents to retain a single attorney and firm.

Get the Help You Need From Vollrath Law

If you are facing probate issues, don’t try to navigate them alone. At Vollrath Law, we understand the complexities of probate law and have the experience to help you protect your loved one’s legacy.

We are here to guide you if you need help with probate administration, trust administration, probate disputes, or any other probate-related matter.

Contact an Oviedo probate attorney today to schedule a consultation and learn how we can help you. Our compassionate and knowledgeable attorneys are dedicated to providing you with personalized attention and quality legal representation. Let us help you navigate this difficult time and find the necessary solutions to move forward.

FAQ: Probate in Oviedo, FL 

How much does a probate lawyer cost in Florida?

The cost of hiring a probate lawyer in Florida can vary depending on factors such as the complexity of the estate and the attorney’s experience. Some attorneys charge a flat fee, while others charge an hourly rate. Discussing fees upfront with your attorney is important so you have a clear understanding of the costs involved.

Who pays probate attorney fees in Florida?

In Florida, the estate’s personal representative (also known as the executor) is responsible for paying the probate attorney fees. The fees are paid from the assets of the estate.

How long do you have to file probate after death in Florida?

In Florida, you have four years from death to file probate. However, it’s important to file as soon as possible to avoid potential complications and to ensure that the estate is administered properly.

Do you need a lawyer for probate in Florida?

While hiring a lawyer for probate in Florida is not required, it is recommended. Probate can be a complex process, and an experienced attorney can guide you through the process, help you avoid potential pitfalls, and ensure that the estate is administered properly.

What assets are exempt from probate in Florida?

In Florida, assets titled in a person’s name with a designated beneficiary, such as life insurance policies, retirement accounts, and bank accounts with payable-on-death (POD) designations, are exempt from probate. Additionally, assets held in a living trust are also exempt from probate.

How much does an estate have to be worth to go to probate in FL?

In Florida, an estate must go through probate if valued at $75,000 or more or if the decedent owned real estate in their name. However, there are exceptions to this rule, and it’s important to consult with an experienced probate attorney to determine whether probate is necessary in your specific case.