Probate | Estate Planning | Deeds
Welcome to Our Practice
At our law firm, we are dedicated to providing an exceptional client experience and responsive customer service. We understand that legal matters can be stressful, so we prioritize making our clients’ lives easier through the strategic use of technology. Our goal is to streamline processes and enhance communication, ensuring that you receive timely and effective support.
We specialize in probate, estate planning, and real estate law, bringing experience and a cheerful approach to every case. Our team is committed to guiding you through complex legal landscapes with a positive attitude and a focus on your best interests. Trust us to handle your legal needs with professionalism and a smile.
Probate
Formal administrations
Letters of administration
Appointment of executor/personal representative
Summary administrations
Ancillary administrations
Out-of-state clients
Trust estates
Admission of out-of-state wills
Disposition without administration
Estate Planning
Wills
Trusts
Powers of Attorney
Living Wills and Health Care Surrogates
Probate avoidance
Asset protection
Our Team
Welcome to our firm, where an experienced and dedicated team brings a wealth of knowledge across various areas of law. With a commitment to excellence and a client-centered approach, each member of our team works collaboratively to provide personalized and effective legal solutions.
Meet Andrew Oram
Andrew J. Oram moved to Florida when he was 13 and lived in rural Marion County. He attended the University of Florida for undergraduate studies, graduating summa cum laude in 2014 with a double major in English and Spanish, marrying his wife, Michal, three weeks before starting law school. Thereafter, Andrew attended law school at the University of Florida, graduating in 2017.
Andrew and Michal moved to Texas for a year and a half before returning to Winter Haven in late 2018 to be close to family. Passing the Florida Bar in April of 2019, he then worked at a leading law firm practicing in real estate law, and estate law.
Andrew now specializes in transactional law, helping clients with their real estate and estate planning. He prides himself on working efficiently and constantly communicating with clients.
Meet Elisa Florit
As an Office Assistant at Oram Law, Elisa Florit brings energy, organization, and a passion for the legal system to everything she does. She graduated from Southeastern University with a double major in Criminal Justice and Legal Studies and plans to take the next step in her journey by attending law school in the near future.
When she’s not working, Elisa loves coffee, spending time at the beach, discovering new things, and spending quality time with her friends and family.
Meet Dakota Eastham
Dakota Eastham has been a bookkeeper for 8 years and has been with our firm for over 2 years. She handles all our bookkeeping needs, runs errands, and tackles any other tasks that come her way. Armed with a Bachelor’s degree in Psychology, Dakota brings a unique perspective to the team, which she finds particularly handy in understanding Andy’s eccentricities. Outside of work, Dakota is married to Zach, is expecting her first child, plays guitar, and enjoys reading.
Meet Gina Palmatier
Although Gina is not originally from Florida, she has called Florida home for most of her life. She graduated with a Bachelor’s Degree in Elementary Education and found a special love for working with young children during her time as a VPK teacher. Her experience in education helped shape her love of helping others, patience, and ability to connect with people from all walks of life.
Outside of work, Gina is a proud mom of two boys and a devoted pet mom to a dog and two cats. She is a self-proclaimed Harry Potter enthusiast and enjoys finding fun and creative ways to spend her free time with her family.
When she’s not at work, you can often find Gina enjoying time at the lake, tackling an escape room, or relaxing with some good old-fashioned crafts. She loves reading, puzzles, coloring, crochet, and anything that gives her a chance to slow down and get creative. Her friends and family describe her as bubbly, silly, and sweet, and she brings that same warm and personable nature into everything she does.
Frequently Asked Questions
Our FAQ section addresses common questions in Estate Planning and Real Estate Law, providing essential insights into topics like essential estate planning documents and navigating real estate transactions.
Probate
What is probate?
Probate is the legal process by which a deceased person’s estate is administered. This involves validating the will, paying any outstanding debts and taxes, and distributing the remaining assets to the rightful beneficiaries. Probate ensures that the decedent’s wishes are honored and that all legal and financial matters are properly resolved.
Do all estates go through probate?
Not all estates are required to go through probate. Smaller estates or those with assets that have designated beneficiaries, such as life insurance policies, retirement accounts, or jointly held property, can often bypass the probate process. Additionally, estates held in a living trust usually avoid probate.
How long does probate take in Florida?
The probate process in Florida typically takes between 2 to 12 months, depending upon the size and complexity of the estate.
What assets go through probate?
Assets that are solely in the deceased’s name and do not have designated beneficiaries must go through probate. This can include real estate, bank accounts, personal property, and investments. Assets that have beneficiaries named, such as retirement accounts or life insurance policies, or assets held in a trust, typically do not go through probate.
What does an executor do?
An executor, also known as a personal representative in Florida, is responsible for managing the deceased’s estate. Duties include locating and valuing assets, paying debts and taxes, and distributing the remaining assets to the beneficiaries according to the will. The executor and their attorney also handle any legal paperwork and represents the estate in court.
Can probate be avoided?
Yes, probate can often be avoided through careful estate planning. Methods to avoid probate include creating a living trust, designating beneficiaries on accounts, holding property jointly, and using transfer-on-death or payable-on-death designations. These tools help ensure that assets are transferred directly to beneficiaries without the need for probate.
What if there is no will?
If a person dies without a will, they are said to have died intestate. In this case, Florida’s intestacy laws determine how the estate is distributed. Typically, the estate will be divided among the closest relatives, such as the spouse and children. If there are no close relatives, the estate may be distributed to more distant relatives or, in the absence of any heirs, it may revert to the state.
What are probate fees?
Probate fees in Florida include court costs, attorney fees, and compensation for the executor. Court costs can vary based on the size of the estate, while attorney fees are often based either on a flat fee basis or on a percentage of the estate’s value. Executors are also entitled to reasonable compensation for their services, which is typically a percentage of the estate.
Do I need a lawyer for probate?
While it is possible to go through probate without a lawyer, it is often beneficial to have legal assistance. A probate lawyer can help navigate the complex legal and administrative tasks, ensure that all paperwork is correctly filed, and represent the estate in court if any disputes arise. This can save time and reduce stress during an already difficult period.
How are creditors handled in probate?
Creditors are notified of the probate proceedings and given a specific period to file claims against the estate. Valid claims must be paid from the estate’s assets before any distributions are made to beneficiaries. If the estate does not have enough assets to cover all debts, the court will prioritize which creditors get paid first.
What happens to debts if the estate is insolvent?
If an estate is insolvent, meaning it does not have enough assets to pay all its debts, the debts are paid in a specific order of priority set by Florida law. Certain debts, such as attorneys fees, personal representative’s fees, court costs, funeral expenses, administrative costs, and taxes, are paid first. Remaining debts are paid based on their priority, and some creditors may not receive full payment or any payment at all. A deceased’s family or beneficiaries are not personally liable or responsible for the deceased party’s debt.
Can a will be contested?
Yes, a will can be contested in Florida on several grounds, including claims of undue influence, fraud, forgery, or lack of mental capacity at the time the will was made. Contesting a will involves legal proceedings where the validity of the will is challenged, and evidence is presented to support the claims. If the contest is successful, the will may be invalidated in whole or in part. Our office does not handle will contests.
Can I be reimbursed for my probate costs?
Yes, you can be reimbursed for probate costs. As the executor or personal representative of an estate, you are entitled to be reimbursed for reasonable expenses incurred during the probate process. This includes costs such as court fees, attorney fees, and other necessary expenses related to administering the estate. These costs are typically paid out of the estate’s assets before distributions are made to the beneficiaries. It’s important to keep detailed records and receipts of all expenses to ensure proper reimbursement.
Can I just record the will in the public records?
No. Wills must be proven before the court, which is part of the probate process. Once approved as being valid and complying with Florida law, the will is “admitted to probate”. Until a will is admitted to probate, is it not valid to pass title to any property.
Do I need to be in Florida for the probate process?
Not always. In most cases, no one is physically required to go to court, and our office handles everything remotely through the internet and phone, so physical presence is not required. However, where there are physical assets to deal with, such as homes and items in them, motor vehicles, etc., it may be necessary for someone to be present to take care of these items.
Estate Planning
What documents are essential for a comprehensive estate plan?
A comprehensive estate plan typically includes a will, a trust (if applicable), a durable power of attorney, a healthcare proxy, and a living will.
What type of business entity should I form?
The best type of business entity depends on various factors, including your business goals, liability concerns, tax implications, and funding needs. Common options include sole proprietorships, partnerships, limited liability companies (LLCs), and corporations.
What should be included in a business contract?
A business contract should clearly define the parties involved, the terms and conditions of the agreement, responsibilities of each party, payment terms, confidentiality clauses, dispute resolution methods, and termination conditions.
What are the key steps in the real estate transaction process?
The key steps include offer and acceptance, due diligence (including inspections and title searches), financing, drafting and signing the purchase agreement, and closing the transaction.
How often should I update my estate plan?
It’s recommended to review and update your estate plan every 3-5 years, or after major life events such as marriage, divorce, the birth of a child, or significant changes in financial status.
How can I resolve a real estate dispute?
Real estate disputes can often be resolved through negotiation, mediation, arbitration, or, if necessary, litigation. Consulting with an experienced real estate attorney can help determine the best approach.
What is the probate process, and how long does it take?
Probate is the legal process of administering a deceased person’s estate, which includes validating the will, inventorying assets, paying debts and taxes, and distributing the remaining assets to beneficiaries. The duration varies but typically takes several months to over a year.
Can probate be avoided?
Yes, probate can often be avoided through proper estate planning methods such as creating a living trust, designating beneficiaries on accounts, and jointly titling property.
