WELCOME TO TAMPA BAY'S PREMIUM LOW-COST WILLS, TRUSTS & PROBATE LAW FIRM
PROVIDING WILLS, TRUSTS, PROBATE and ESTATE PLANNING SERVICES
Do you have a will? Do you need one? If you have children, should you have a trust?
The answers to these questions are different for every individual and family. It is important to make decisions about what will happen to your loved ones, your property and your health care while you can. We can help you with those decisions and design an estate plan that meets your needs. At the DeL'Etoile Law Firm we will
work with you to meet your specific goals and desires. We offer specialized wills, trusts, living wills, power of attorney, health care surrogate documentation and more.
ERIK DEL'ETOILE, ATTORNEY
DeL'Etoile Law Firm P.A. was founded in 2017 and serves the Tampa Bay area and clients throughout Florida in the areas of estate planning, probate and trust administration, real estate, and employment matters.
Erik earned his B.A. in History from the University of Florida. He then went on to obtain his juris doctorate from Stetson University College of Law in 2009. While at Stetson, Erik was part of the Real Property Probate and Trust Law Society as well as the Tax Law Society. Erik also served as an Intern for the Sixth Judicial Circuit, Civil Appeals Panel assisting appellate and trial judges with ongoing appeals.
Erik is uniquely qualified through broad experience to assist clients in all types of estate planning and probate matters. Each situation and person is different and the careful consideration to the needs of the client is what separates Erik from other attorneys. He looks forward to assisting people and developing strategies specific to their legal needs.
WILLS AND TRUSTS
You are not legally required to have a will in Florida. However, if a valid will does not exist, what happens to property, assets, and personal items will be determined according to Florida's intestacy laws. This simply means that your assets will be distributed in accordance with Florida Statutes, which determine the nearest next of kin that is to inherit your assets. If the decedent is not married and has no surviving children, his or her property will be administered to his or her parents if they are living. If none of these blood relatives are living, the state then seeks the closest relations it can discover to distribute the property, such as a brother, sister, aunt, uncle, cousin, etc. If after a diligent search, no applicable blood relative can be found, the state will take control of the property.
Probate is the procedure that is followed by the court system to denote and collect a decedent or deceased individual’s assets, satisfy their debts and allocate their assets to the rightful heirs. Chapters 731 through 735 are the relevant sections of the Florida Statutes that apply to Probate and the guidelines for the regulation of Florida probate cases are set forth in the Florida Probate Rules, Part I and Part II.
There are two methods of probate management as defined by Florida law: formal administration and summary administration. In addition, there is a way to distribute an estate with minimal court involvement, which is referred to as “Disposition of Personal Property without Administration.” This situation, however, only is available in select instances. In order for a Probate to be necessary, there must be Probate assets.
The estate planning procedure in Florida encompasses numerous methods to manage property and the eventual distribution of assets. It also allows an opportunity to reduce tax penalties, fees, and costs. Proper estate planning includes living wills, health care surrogates, powers of attorney and more. At DeL'Etoile Law we will work with you to design an estate plan to meets your specific needs.
Please contact us today to schedule a free consultation or to request a quote for services.