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06 Jul, 2016 by Olan
Peggy assisted me and my Partner with our estate planning, and did not disappoint. She and her staff were extremely courteous and professional, and in the end provided us with comprehensive documents that were tailored to our specific needs. Highly recommended!!
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24 Feb, 2016 by Debbi
Ms. Hoyt is very kind and a good listener. She is very detail oriented and professional. I hired My. Hoyt for my estate planning and she exceeded my expectations.
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18 Feb, 2016 by Andy
Attorney Hoyt prepared our Estate documents. Her process was very thorough, ensuring that we clearly defined our estate wishes. She provided excellent counsel on the pros and cons of various options. The end product was complete and well-documented. We have retained Attorney Hoyt for ongoing estate counsel and for other legal matters.
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21 Apr, 2024 by John ryan
24 Sep, 2023 by Mihir shah
Rhett provided us a great experience in planning for the future. He was very straight forward and provided excellent guidance. I recommend him or any of the attorneys at the practice.
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02 Nov, 2020 by Kristin kelch
05 Jul, 2016 by George
Having recently move to Florida, we desired to have our Wills and other documents upgraded to conform to Florida requirements and our new situation. Randy quickly understood our needs and desires and at our second meeting did an excellent job of walking us through the documents, answering our questions and providing clarifications. It was a very informative and painless process.
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25 Feb, 2016 by Lorri
I have used Randy as my estate attorney for over 10 years. Randy’s knowledge of trusts and wills made a complicated subject much easier to understand and create. Not only is he highly knowledgeable and dedicated, but caring and compassionate which is so important and appreciated in this sensitive matter. With his partner, Peggy Hoyt, he has created a practice filled with a knowledgeable and competent staff that is extremely friendly and helpful. Their annual estate review plan keeps me focused on maintaining my estate in a timely manner in response to changes in my life. I’d recommend him to anyone needing legal estate services.
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23 Feb, 2016 by Dick
Randy prepared thorough packages for me and my wife's revocable trusts and keeps us updated with current changes in the law on an annual basis. He and his qualified partners and staff have become an extended family for us and contact with his office has always been a most pleasant and enlightening experience.
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27 Apr, 2015 by Kelley
We have used Michael for almost 20 years for both business and individual. Very are happy with the attention he gives and advise.
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26 Apr, 2015 by Christopher
I reached out to Mr. Presutti several years back; I was going through a divorce and things felt pretty bleak. Even though he did not specialize in family law he let me come in for a consultation, he was patient with me, very professional and thorough and was able to make me feel at ease and well taken care of. He helped me understand the process, the time frames involved, he helped me see “the big picture” and all of a sudden my problems seemed possible to overcome.
Mr. Presutti has returned my phone calls on weekends more than once and he responds to my emails within twenty four hours. He has represented me in a couple of additional Real Estate and Living Trust issues over the years and the results have always been favorable His presentations to the judge were extremely well versed and given in a very strong professional manner, I could clearly see that the Judge respected him greatly.
I feel very comfortable being represented by Mr. Presutti as I know he will fight and succeed in every aspect of the subject at hand, he is an extremely talented attorney, who takes each case to heart.
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22 Jul, 2013 by Jerry
I was searching for an attorney to do some estate planning...but I was concerned about how much my particular situation might cost. Most of the attorneys gave me estimated costs for "typical" wills and trusts, but indicated that exact costs would depend on my particular situation. Michael Presutti was the only attorney that made me an offer over the phone that seemed more than fair. He offered to review my situation, determine what he believed was the best way forward, and to then give me a price to execute that approach....and he did all of this with no up front costs. This enabled me to make an informed "go - no go" decision without having a sizable amount of money already invested in a particular attorney. And his charges were exactly what he agreed to in advance. Further, because of the relationship Michael and I developed during this process, I convinced my parents to have Michael redo their trusts and wills as well. In summary, I'd highly recommend Michael Presutti for estate planning and have the upmost confidence in his integrity and trustworthiness.
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08 Dec, 2013 by Joe
I was in 2 automobile crashes in 2011, neither of which were my fault. Both parties were found at fault. I was injured in both of them, but the second was much more serious. I found Don by searching on the web. There was no way I wanted to hire one of the attorneys who inundate our airwaves. Don's site is very informative and easy to understand. After talking with him after my first accident, I was impressed that he does virtually everything himself. He did a wonderful job taking care of everything. I had only been released from my accident 2 weeks when I was struck by a car that ran a red light. I again called Don to represent me. I won't go into any details of injury or settlement, but I do want to say how pleased I was with Don. He stayed on top of things and answered my emails promptly. He would even answer if he was out of town to let me know he got my message and would get back to me about an issue as soon as he could. What else can I say? If you need a personal injury attorney, Don Harvey will exceed your expectations. I hope I never need an attorney again, but if I do, Don will be my only choice.
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24 May, 2013 by Patricia
Mr Harvey has been a great help in resolving a very difficult matter. He is candid and knowledgeable and offers sound advice. I found him to be trustworthy and professional and would recommend him without hesitation. If I ever have another legal problem, I will call upon him.
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28 Apr, 2016 by Tom
Balls to the wall. He treated my money like it was his money. When I called he called me back now. Best Lawyer I have ever dealt with. He is a pro.
Tom W
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12 Apr, 2024 by Jesenko plecic
14 Sep, 2023 by T. eugene chambers, jr
As has always been the case, Randy Bryan handled our estate needs professionally and to the highest standards. He makes the legal jargon clear and easy to understand and does this with kindness and empathy. This is our second visit to this office and we will always count on them to handle any needs we have in the future. Thank you, Randy.
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07 Sep, 2023 by Nancy harmon
Last year my neighbor and friend, recently deceased, based upon my recommendation hired Peggy Hoyt to create a Pet Trust to provide her 24+- horse located in Wisconsin, dog and 4 cats (located in Florida) care after she died, as part of her will. I was thrilled that my neighbor took my advice and hired Peggy Hoyt. This pet trust assures that funds from her estate have been set aside to provide feed and other needs for her animals. Additionally, my neighbor and friend, as part of a life estate agreement was verbally guaranteed her horses could remain on the property until they died. At this time, all horses have care and are fat and happy grazing every day, on the land they were promised for life. I am confident, my friend and neighbor made the right decision when she hired Peggy and now that the Probate for her estate has been approved and after legal issues soon to be resolved, plans for the lifetime care of the horses will be finalized.
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09 Feb, 2021 by Jessica
My family and I hired Michelle to help us through my mother's estate. When my father died years prior, we didn't have to do anything because everything went to my mom, so this was all completely new to us. We have heard horror stories about probate, but Michelle was great. She really helped to explain the process to all of us and every time we had a question, she was prompt, polite and explained everything thoroughly and in a way that was easy to understand. We never felt rushed when talking to Michelle. She made sure we were kept in the loop throughout the whole estate. Her paralegal Patti was also fantastic! Michelle and her office made probate as painless as possible. I would highly recommend working with her and the Hoyt & Bryan office!
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17 Jul, 2020 by Pat
My Husband and I hired Michelle to review our old estate plan and update it. Michelle took the time to explain the process thoroughly and answered all of our questions (some multiple times) to ensure that we understand how everything worked. She was such a pleasure to work with that when my sister passed away the next year, we went back to Michelle to handle her estate. Michelle again took as much time as we needed to explain the probate process and helped my siblings and I through it every step of the way. Michelle and her team were excellent. I have recommended her to several friends, and they have all been very pleased with Michelle's patient and kind attitude, and thoroughness with helping them through the estate planning/probate process.
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24 Mar, 2019 by Florine
I needed an attorney to create a Power of Attorney as well as other legal matters regarding my Estate. Michelle Adams was recommended to me by my daughter. Since my husband passed away, I had never met with an attorney and didn't think I would be able to understand the process. I was wrong. Ms Adams was the perfect person to help. She was very knowledgeable regarding Estate planning and took the time to explain in detail exactly what I needed to protect me and my children in the event something were to happen to me. She even offered to meet with my children to review the details of the plan. Ms Adam's knowledge, kindness and extreme patience made this entire process easy. Thank you Michelle!
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21 May, 2024 by Abigail faulkner
Andrew was phenomenal and helpful! One of the best customer service attitudes I’ve seen in a long time.
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06 Mar, 2012 by Terri
I hired Mr.Kaplan to handle a short sale on a property. Mr. Kaplan has the girls in his office handle ALL negotiations (qualified or not). The bank we were dealing with was very uncooperative and in hindsight I believe in part because they always had to deal with a girl in this office (not a para leagal) for all contact. Even when the bank specifically said they did not wish to speak to her anymore, Mr. Kaplan did not return their calls himself. I went into his office and requested Mr. Kaplan to make a phone call personally to the bank, the bank would not talk to his secretary any longer, and he agreed to make the call. Two days later he sent me an email saying that he defers all negotiations in his office to the girls that work for him and he belives that if he personally made a call on my behalf it would not make any difference. Mr. Kaplan had our case for 6 months and NEVER made a single call or represented our case himself - even when he was specifically asked to to so. Do not waste your time with this firm, you think you are paying an attorney to represent you when, in fact, you are just hiring a secretary for representaton.
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28 Jun, 2019 by Alper
In 2014 i was extradited from other countru to orlando to prosecuted in federal court. This man didnot show my case discovery to me and said me i would get 3-4 years and advice me to get plea deal with goverment. And i did after plea deal , i only saw him at sentencing court.and while argument about my sentence , jugde made mistake and the lawyer only listened him, but thanx god prosecutor asked the judge to correct the mistake. Otherwise i could get 14 years. And judge give me 9 years.
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FAQs
Questions? We have answers
What a Probate Lawyer Can Do for You
A probate lawyer assists with the legal process of administering a deceased person’s estate. This often involves guiding executors (if a will exists) or beneficiaries (if no will exists) through the probate process to settle the estate according to the deceased’s wishes or applicable laws. Probate lawyers can help validate the will, distribute assets, resolve disputes among heirs, handle outstanding debts or taxes, and ensure the estate is legally and efficiently administered.
Whether you’re an executor of an estate or an heir facing probate proceedings, a probate lawyer can help you navigate the often-complex legal process to ensure the estate is settled correctly.
When Should I Hire a Probate Lawyer?
You should consider hiring a probate lawyer when you are responsible for managing the estate of a deceased individual, especially in the following situations:
- The estate has substantial assets: If the estate includes significant assets like real estate, investments, or business interests, legal assistance is often necessary to handle the distribution properly.
- The will is being contested: If there are disputes among heirs regarding the validity of the will or the division of assets, a probate lawyer can help resolve the conflict.
- The estate includes complex or unclear provisions: If the will contains complicated instructions or there are no clear beneficiaries, a lawyer can ensure that the estate is administered according to legal requirements.
- There is no will (intestate estate): When a person dies without a will, the estate is subject to intestacy laws, which determine how assets are distributed. A probate lawyer can help navigate this process.
- Debt or tax issues exist: If the estate owes significant debts or is subject to estate taxes, a probate lawyer can help ensure debts are paid appropriately and taxes are minimized.
- Probate disputes: If family members or other parties are disputing the distribution of assets or challenging the executor's actions, legal representation is crucial to defending your rights and ensuring the estate is handled properly.
Hiring a probate lawyer early in the process can help avoid costly mistakes and ensure the estate is settled efficiently.
What Does a Probate Lawyer Do?
A probate lawyer provides a wide range of legal services to help manage and settle an estate. Their tasks can include:
- Validating the will: Filing the will with the probate court and ensuring its legal validity.
- Guiding executors or administrators: Advising the person responsible for managing the estate on their duties, including inventorying assets, notifying creditors, and paying debts.
- Filing necessary paperwork: Preparing and submitting the legal documents required to initiate and complete the probate process.
- Resolving disputes: Mediating or litigating disputes among heirs or between beneficiaries and executors, including challenges to the will or disagreements over asset distribution.
- Handling debt and tax matters: Ensuring that outstanding debts, taxes, and estate taxes are properly calculated and paid from the estate’s assets.
- Distributing assets: Ensuring that assets are distributed to the beneficiaries according to the will or intestacy laws, and that all legal requirements are fulfilled.
- Closing the estate: Completing the final steps of the probate process, including filing a final accounting with the court and formally closing the estate.
How Are Probate Lawyers Paid?
Probate lawyers typically charge for their services based on the complexity of the estate and the nature of the legal work involved. Common payment structures include:
- Hourly rate: Most probate lawyers charge by the hour, with rates depending on the lawyer’s experience and the complexity of the estate. Hourly rates can range from $150 to $500 or more.
- Flat fee: For simple estates or straightforward probate tasks, some lawyers may charge a flat fee that covers all of the necessary legal work.
- Percentage of the estate: In some states, probate lawyers are allowed to charge a percentage of the estate's value as their fee. This percentage typically ranges from 2% to 5%, depending on the size of the estate and state regulations.
- Retainer fee: Some lawyers may require an upfront retainer fee, which is billed against as the probate process progresses.
It’s important to clarify the fee structure during your initial consultation to understand how you will be charged and avoid unexpected costs.
How Much Does a Probate Lawyer Cost?
The cost of hiring a probate lawyer depends on several factors, including the complexity of the estate, the type of legal issues involved, and the lawyer’s fee structure. General cost estimates include:
- Simple estates: For estates with straightforward assets and no disputes, probate legal fees can range from $2,500 to $10,000, depending on the lawyer's fees and the state's probate laws.
- Complex estates: For larger or more complicated estates with multiple properties, business interests, or disputes, probate costs can exceed $10,000 and may reach $20,000 or more.
- Hourly rates: If charged by the hour, expect rates between $150 and $500, depending on the lawyer’s expertise and geographic location.
- Percentage fees: In some cases, a probate lawyer may charge 2% to 5% of the estate’s value, particularly for larger estates or those involving complex legal matters.
Always ask for a clear estimate of fees during your initial consultation to understand the total cost of probate representation.
Top Questions to Ask a Probate Lawyer
Before hiring a probate lawyer, it’s essential to ask the right questions to ensure you’re hiring someone qualified to handle your estate needs. Key questions include:
-
What experience do you have with probate cases like mine?
Ensure the lawyer has experience with estates of similar complexity, especially if disputes or high-value assets are involved. -
How do you charge for your services?
Ask whether the lawyer charges an hourly rate, a flat fee, or a percentage of the estate, and request a cost estimate. -
What is the likely timeline for my probate case?
While it’s hard to predict exactly, an experienced lawyer can give you a general idea of how long the probate process may take based on the specifics of your estate. -
What steps will you take to manage and distribute the estate?
Ask about the lawyer’s approach to handling debts, taxes, and asset distribution. -
Will you be handling my case personally?
In larger firms, junior attorneys or paralegals may handle some aspects of your case, so it’s important to know who will be working on your probate case. -
What are potential challenges we may face?
A good lawyer will be able to anticipate possible issues, such as will contests or creditor claims, and explain how they would handle them.
How to Check the Credibility of a Probate Lawyer
To ensure you’re hiring a reputable probate lawyer, follow these steps to check their credentials and experience:
- Verify their state bar status: Check with your state’s bar association to confirm the lawyer is licensed to practice and has no history of disciplinary action.
- Look for probate experience: Review the lawyer’s website or professional profile to ensure they specialize in probate law and have experience handling estates of similar complexity.
- Read client reviews and testimonials: Look for online reviews on platforms like Avvo or Martindale-Hubbell to see what past clients have said about the lawyer’s probate experience.
- Ask for references: A credible lawyer should be able to provide references from past clients who can vouch for their professionalism and expertise in handling probate matters.
- Look for membership in professional organizations: Membership in organizations like the American Academy of Estate Planning Attorneys (AAEPA) or the National Academy of Elder Law Attorneys (NAELA) can indicate a lawyer's commitment to estate and probate law.
What Should I Prepare for My First Consultation?
To make the most out of your first consultation with a probate lawyer, it’s important to come prepared with relevant documents and information. Here’s what you should bring:
- A copy of the will or trust (if applicable): Bring any estate planning documents left by the deceased, including wills, trusts, or powers of attorney.
- List of assets and debts: Prepare a detailed list of the deceased’s assets (e.g., real estate, bank accounts, investments) and outstanding debts (e.g., loans, mortgages, credit cards).
- Death certificate: Bring a certified copy of the deceased person’s death certificate.
- Contact information for heirs and beneficiaries: Have a list of all individuals or entities named in the will or who are entitled to inherit under intestacy laws.
- Questions about the probate process: Write down any questions you have about the process, costs, and potential issues you might face.
- Relevant financial records: If available, bring any relevant financial documents, such as bank statements, property deeds, and tax returns.
By coming prepared, you can ensure a productive consultation and allow the lawyer to provide the best advice for your situation.
