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probate administration
Probate Administration is a specialized practice area involving the post death administration and transfer of assets pursuant to a person’s Last Will and Testament or under Florida’s laws of intestate distribution. Probate Administration often involves extremely complex considerations that are not apparent to the client or to the beneficiaries of the estate.
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 the possibility of a will contest or other estate litigation, marshaling the assets of the estate, preserving and protecting the assets, evaluating issues concerning exempt property, family allowance, and elective share benefits, evaluating and discussing opportunities to minimize estate taxes, preparing and filing the United States Estate (and Generation Skipping) Transfer Tax Return (Form 706), preparing the Florida Estate Tax Return (Form F-706), supervising the preparation and filing of the decedent’s final United States Individual Income Tax Return (Form 1040), supervising the preparation and filing of the United States Fiduciary Income Tax Returns (Form 1041), distributing the assets to the beneficiaries, preparing the final accounting of the personal representative, and obtaining receipts and releases so that the Personal Representative is discharged and not later sued concerning issues of estate administration.
A competent Trust and Estates Attorney assists and advises the Personal Representative so that he or she avoids the numerous pitfalls and problems that are not readily apparent to those untrained in the practice of Probate Administration. As the fiduciary responsible for the proper handling of the assets of the estate and responsible for the distribution of the assets to implement and satisfy the decedent’s wishes as expressed in the Last Will and Testament, the Personal Representative has many legal duties and responsibilities that go well beyond what is set forth in the Will. A Personal Representative and the beneficiaries of the estate deserve the service of a competent professional to ensure that the estate is administered properly and that costly mistakes are avoided.
Christopher Q. Wintter is Board Certified by the Florida Bar in Wills, Trusts, and Estates. Fewer than 350 of the more than 87,000 licensed Florida Attorneys are Board Certified in Wills, Trusts and Estates. Only a Board Certified Lawyer can legally claim to be a “specialist” or an “expert” in Probate Administration. The hiring of a specialist in Probate Administration will assist in making sure that the Personal Representative meets his or her legal and fiduciary obligations to all persons interested in the proper administration of the probate estate including, but not limited to, the creditors, the taxing authorities (such as the IRS), and the beneficiaries, while avoiding the possibility of personal liability and potential litigation.
Christopher Q. Wintter
Nina Zuckerman Chepp
