Raising the Bar on Client Service

Olmsted & Wilson, P.A. offers a full range of services in estate planning and probate law matters. 

We work directly with our clients, their accountants and financial planners, and other attorneys to assist in identifying and addressing all of the client's estate planning needs. Documents can be drafted according to each client’s particular situation and planning goals, and may include the following:

• Simple and complex wills
• Revocable living trusts
• Special needs trusts
• Durable powers of attorney
• Living wills
• Health care surrogates
• Life estate and Trustee’s deeds

We prepare estate plans of all types and complexity, and for all sizes of estates. Wills and trusts, durable powers of attorney, and advance medical directives, including living wills and health care surrogate designations, are the basic estate planning documents. They must be carefully drafted to address each client's unique circumstances and to accomplish the estate planning goals which the client has identified. Estate planning does not merely include disposition of assets following death. It may also involve planning related to accumulation, preservation, and use, enjoyment and disposition of assets during one's life. Thus, our estate planning practice also includes such things as structuring the ownership of assets for asset protection purposes, insurance, retirement and investment planning, and planning for lifetime gifts to family members and charitable organizations.

Probate is a court supervised process for identifying and marshalling a decedent’s assets, paying taxes, claims and expenses, and ultimately distributing assets to the beneficiaries.  We handle different types of probate administrations, depending on the unique circumstances of the estate. These may include:

• Formal estate administration
• Summary administration
• Ancillary administration

In formal estate administrations, we represent fiduciaries in the administration of the estate. Our practice includes petitioning for appointment of the personal representative (also known as “executor” in other states), preparing and evaluating inventory and appraisements, monitoring the creditors' claim process, advising on homestead property issues, petitioning for instructions regarding interpretation of wills or for instructions regarding actions to be taken by the personal representative, publishing and disseminating statutory notices, and petitioning for preliminary and final distributions. We also advise personal representatives regarding their fiduciary duties, the sale of assets in the estates, and the preparation of accountings and reports. 

An abbreviated administration procedure, known as a summary administration, may be available if the value of the estate subject to probate in Florida (less property which is exempt from the claims of creditors) is not more than $75,000 or the person has been deceased for more than two years. 

An ancillary probate administration is necessary when a Florida probate is needed in addition to the primary probate proceeding pending in the state where the decedent lived. An ancillary probate is most often needed in Florida when the decedent owned real estate in Florida, however, it can also apply to other property such as boats, vehicles, livestock or other assets located in the state of Florida.

In addition to estate planning services related to drafting a trust instrument, we also represent trustees in administration of trusts where the original grantor or settlor is deceased. Our practice includes the interpretation of trusts, counseling the trustee in the marshalling of the assets of the trust, assisting with the creditors' claim process, the termination of trusts, and the resignation of trustees and appointment of successor trustees. We also advise trustees regarding their fiduciary duties, the sale or distribution of trust assets, notices to beneficiaries, and the preparation of accountings and reports.  When there is real estate involved, we can assist with distribution of the real estate to the beneficiaries, or sale of the property by the trustee.