Wintter & Associates, P.A. is a Florida trust and estate law firm focusing its practice in the areas of probate administration, trust administration, guardianship administration, probate litigation, trust litigation, guardianship litigation, and estate planning. The firm’s professionals are devoted to the representation of clients in estate, trust, and probate proceedings. Wintter & Associates is well known and well respected by our colleagues, competitors, adversaries, and judges.
Christopher Q. Wintter, Esq. is Board Certified by the Florida Bar in Wills, Trusts, and Estates; has the *AV® Preeminent™ rating with LexisNexis Martindale Hubbell; and was selected for inclusion in Florida Super Lawyers 2011 and 2012.
Our team of professionals has the experience, the expertise, the knowledge and credentials to get the job done.
Our specialties include …
Florida Probate Administration is a specialized practice area involving the post death administration and transfer of assets according to a person’s Last Will and Testament or under Florida’s laws of intestate distribution.
Our professionals handle all aspects of the administration of a decedent’s estate including:
* Notifying and satisfying the decedent’s creditors;
* Implementing procedures to avoid and limit a will contest or other litigation;
* Protecting the assets of the estate;
* Evaluating issues concerning exempt property, family allowance, and elective share benefits;
* Evaluating and discussing opportunities to minimize estate taxes;
* Preparing and filing complex tax returns;
* Distributing assets; and
* Preparing the final accounting of the personal representative, and obtaining receipts and
releases so he or she is discharged and not later sued.
Florida Trust Administration is a specialized practice area involving the administration and transfer of assets pursuant to the specific directions set forth in a Trust Agreement.
Our professionals handle all aspects of the administration of Florida Trusts including:
* Implementing procedures to avoid and limit the possibility of Trust litigation;
* Protecting the assets of the Trust;
* Evaluating issues concerning discretionary distributions;
* Evaluating and discussing opportunities to minimize taxes;
* Preparing and filing taxes;
* Distributing the assets; and
* Preparing the final accounting of the Trustee, and obtaining receipts and releases so that
he or she is discharged and not later sued.
Guardianship Administration is a specialized practice area which is necessary when a person is unable or incapable of managing their own affairs. A Guardian is appointed by the Court to make personal and financial decisions for a person with mental or physical impairments. Our services include:
* Petitioning the court for the appointment of a guardian;
* Attending the incapacity hearing;
* Designating a restricted depository;
* Preparing an inventory of the Ward’s assets;
* Managing the Ward’s assets;
* Preparing the initial and annual accountings;
* Filing tax returns;
* Establishing a monthly budget;
* Choosing a residential setting for the Ward;
* Making medical, social and recreational decisions; and
* Ensuring the Guardian carries out his or her duties and responsibilities.
Florida Probate Litigation encompasses a variety of lawsuits that may arise as a result of actions taken by someone close to the deceased. This can include an action to revoke a will based upon the possibility that:
* The decedent lacked the mental capacity to sign a Last Will and Testament;
* Someone has exerted undue influence over the decedent to cause that person to sign a will, or
* The will was not properly signed and witnessed in conformity with Florida law.
A variety of issues may warrant the filing of a lawsuit, including, but not limited to:
* Actions concerning the misuse and abuse of a power of attorney;
* The fraudulent procurement of lifetime transfers of property;
* The breach of a close and confidential relationship by an attorney or other fiduciary; or
* Allegations of elder abuse or allegations that a friend or family member wrongfully turned an
elderly person against his or her loved ones.
Trust Litigation encompasses a variety of lawsuits that may arise concerning the creation and the administration of a Florida trust. Our attorneys have litigated cases throughout Florida including the following issues:
* Trust contests;
* Claims of lack of capacity;
* Claims of undue influence;
* Elective share issues;
* Tax apportionment issues;
* Claims of forgery;
* Actions by and against trustees for breach of fiduciary duty, removal, and surcharge;
* Objections to, and the defense of, trust accountings;
* Petitions to determine entitlement to trust distributions; and
* Actions to recover property on behalf of a trust taken in violation of the terms of the Trust.
Guardianship Litigation includes disputes among family members or other interested persons involved in the life of an elderly or vulnerable adult, and may involve the following:
*Petitioning for the appointment of a Guardian;
*Opposing the appointment of a Guardian;
*Seeking the removal of a Guardian because of financial abuse, emotional abuse
or failure to properly care for the Ward; and
*Recovering damages from Guardians who have hurt the Ward.
We have the expertise to handle all aspects of estate planning, with particular knowledge of issues applying to Florida residents and those with property and/or businesses in Florida. Our goal is to assist our clients in analyzing and implementing strategies that will enable them to transfer assets to their chosen beneficiaries while minimizing gift and estate tax consequences and estate administration expenses. Our services include:
* Wills and living trusts;
* Irrevocable life insurance trusts;
* Personal residence trusts and other grantor retained interest trusts;
* Educational trusts and related family trust planning;
* Premarital and post-marital agreements; and
* Business and Succession Planning.
*Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the Bar and the Judiciary. Martindale-Hubbell Peer Review Ratings fall into two categories – legal ability and general ethical standards.