Attorney and Counselor at Law Jerry B. Wells is an accomplished probate attorney and trust attorney with extensive litigation experience in Port Orange, FL. Our firm represents clients throughout Volusia County, including Daytona Beach, Ormond Beach, and New Smyrna Beach, FL.
Upon a person’s death, the assets, personal possessions, and debts left behind are known as the estate. In Florida, a personal representative (executor) is the designated probate administrator that manages the estate's final affairs, such as paying debts, filing tax returns, and distributing assets to heirs. The probate administrator has a fiduciary responsibility to execute their duties under Florida law while protecting the estate's interests. Since probate can be a complicated legal process, we provide expert legal counseling for probate administrators to help resolve any legal disputes that may arise and ensure a timely disposition of the estate.
During the probate process, emotions can run high. Probate litigation is sometimes necessary to settle disputes, especially when an heir believes their share of the assets is far less than previously thought. Often, wills are modified over time, and one or more heirs may not be aware of the existence of a newer will or another heir. In other cases, an heir may contest a will due to incapacitation or undue influence. When it comes to probate litigation, experience makes a difference. So, you will want to hire an experienced probate lawyer with a successful track record to fight for your rights in court.
When properly established and executed by an experienced trust attorney, a living trust will allow you to maintain complete control of your assets during your lifetime and avoid the probate process upon death. Instead, your designated trustee distributes the assets in the trust to designated beneficiaries per your instructions upon incapacitation or death. A living trust can be modified or revoked at any time during your life. Since it may be impractical to transfer all of your possessions into a trust, you should also have a legally valid will for distributing those assets to your heirs.
Visit our website or contact us at (386) 253-3676 to schedule a consultation with an experienced Probate Attorney in the Port Orange, FL area!