Wills, Probate & Estate

Estate planning and preserving your legacy is important to you and your loved ones. Whether your assets are $5,000.00 or $50 million – everyone should have basic estate planning tools in place in the event of an untimely death or illness. At Waller & Scharber, we have prepared hundreds of Wills, Trusts, Powers of Attorney, Living Wills and health care directives for our clients. We have the knowledge and tools to draft everything from the most complex Trust Agreement to the simplest Last Will and Testament — and we will work directly with you to determine what you need to protect yourself and your family.


If you’re unfamiliar with the details regarding will, you’ve come to the right place. Our first priority is to educate you and your family about the necessary arrangements that protect you. Below are a few key terms:

A testator is a person who has written and executed a last will and testament that is in effect at the time of his/her death.
A personal representative is a legal term referring to a person named or nominated by the testator, to carry out the directions of the will.
A beneficiary is a person or legal entity who receives assets from a Testator.
A Probate is a process that proves the will of a deceased person is valid, so their property can in due course be retitled or transferred to beneficiaries of the will.
Is a gift of personal property from the testator to the beneficiary.
A person who dies without any last will and testament
An entity that holds assets until a later date and allows a beneficiary to bypass probate


Probate administration is the process of submitting a Will to the Circuit Court; settling all of the testator’s just debts and liabilities; distributing the testator’s property in the manner set forth in the Will, and addressing any other issues resulting from the testator’s passing.

A probate court decides the legal validity of a testator‘s Will. Florida law has very strict rules on the construction, execution and attestation of Wills and Trusts; and it is vitally important that your estate planning documents are in conformity with the law. Internet forms and “do it yourself” kits cannot replace the knowledge and experience that our attorneys can provide – and you would probably be surprised at how affordable a Will or Trust from Waller & Scharber can be.

Moving a Will or Trust through the probate process requires the assistance of knowledgeable attorney. Contact us today to discuss your estate planning needs.


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