Common Questions

Estate planning involves planning for the distribution of your property upon your death, but also creating a plan for your health care, finances, and family should you become incapacitated during life. See the answers to common estate law questions from The Law Offices of Elaine McGinnis, P.A. in Tampa, FL, then contact us to answer your specific questions. An experienced attorney will create a plan so you have peace of mind.

How do you avoid Florida probate?

To keep your estate in the hands of the people you’d prefer we recommend that you create a Living Trust. This will name beneficiaries on your retirement and bank accounts, your home, and more. Contact our Tampa law firm for your unique situation.

Do all assets have to go through probate?

No. Some assets that don’t fall under probate. This includes property that the deceased jointly owned with another person, assets in a living trust, or that were directly designated to a beneficiary (such as life insurance proceeds). To learn more, you should speak with an experienced Florida estate attorney.

 How much does an estate lawyer cost?

Generally, Florida estate lawyers either bill clients according to a flat fee or an hourly rate. Estate lawyers will usually only charge a flat fee for less complex estate matters such as drafting and executing a last will & testament or setting up a trust. Depending on what your estate planning entails, you can expect to pay a minimum $250-$600.

Can I just write a will and get it notarized?

A self-made will is legal if it meets Florida’s requirements for wills. At least two witnesses are needed for signing your will yourself. Some states allow you to notarize your will to make it "self-proving," which moves it through probate faster. However, many times you don’t know the ins and outs of Florida estate law so your DIY will may not fully cover what your families needs are. Working with an experienced estate lawyer you can ensure that you understand all your options and that all documents are properly filed.

What does an executor do?

Your executor is a fiduciary who is responsible for settling your estate. They are responsible for gathering together your assets, paying your debts and death taxes, and making distribution to your beneficiaries. Until probate is settled, your executor must keep your property insured, decide what should be sold, invest cash, obtain appraisals and file income tax returns. In Florida, this process may take one or two years.