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.
Our team of professionals has the experience, the expertise, the
knowledge and credentials to get the job done.
Our specialties include ...
Florida Probate Administration
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
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
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
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.
Florida Trust Litigation
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
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.
Florida Estate Planning
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.
