Over 33 Years Of Legal Experience

What is probate?

Probate is a process of delivering an asset owned only by a deceased person to the person/entity entitled to it.

Do I have to go through probate if there is a will?

Having a will does not affect whether or not probate is necessary.

How long does probate take?

That depends on the circumstances. As a general rule, an estate with over $75,000 worth of assets is given about a year and a half to be completed under court guidelines. This firm's personal goal is to complete the probate process in less than 7 months. A small estate with no creditors can be accomplished much faster.

What documents/information is needed?

• The original will if there is a will.
• A certified copy of the death certificate without the cause of death on it.
• A list of assets owned only by the decedent.
• Names and addresses of next of kin and all persons named in the will.
• Name and addresses of all creditors with the amount due.

Our office handles probate cases throughout the state of Florida and offers flat rate fees. Every matter is handled personally by attorney Stephen M. Guttmann. Mr. Guttmann has decades of experience handling probate matters. Our office takes pride in keeping clients informed, with each case moving forward in a timely and efficient manner. Please call to speak with Attorney Stephen M. Guttman at 850-432-9759.

Mr. Guttmann has represented many landlords in the area and is a landlord himself in both residential and non-residential situations. This hands-on experience is most valuable in understanding personally the situations of landlords and tenants. Some clients do not realize the particularities involved in landlord/tenant law; it is always best to consult with an attorney to properly litigate your case.

Mr. Guttmann would be happy to prepare the documents you might need, file a lawsuit on your behalf, attend a hearing for you, and/or litigate your case from start to end. This firm also has, on hand, private process servers who are willing and able to deliver any paperwork that is needed promptly, efficiently, and inexpensively, even for same-day service. A few questions prior client have asked are as follows:

How much time does the eviction process take? If an eviction is based upon a tenant's non-payment, the process usually will take about two and a half weeks to complete in Escambia County, Florida, from start to finish. If the eviction is based upon misbehavior, the eviction process will usually take approximately a month or two to complete in Escambia County, Florida. Other counties will take longer due to that particular county's court procedures.

Can an eviction be filed without a written agreement between the parties? Yes, most definitely.

What is the difference between eviction and an ejectment? An eviction is necessary when the relationship between the parties is that of landlord/tenant. When a person is in possession of premises due to some other reason, an ejectment may be necessary. Ejectments are usually more complicated, contested, and the process can take considerably longer.

Preparing a valid Last Will and Testament is an important life planning tool. Our office makes this process fast without unnecessary time delays and visits.

We also offer the preparation of Financial and Healthcare Power of Attorneys.

These documents are important and valuable in a time of need. It is important to have experienced consultation with an attorney to make the most informed choices possible.

Attorney Stephen M. Guttmann has represented creditors since 1988.

Cases that Mr. Guttmann will consider are instances where the debtor resides in a zip code starting with the numbers 325 -. Unfortunately, anything outside of that area usually will not be acceptable. As for his rates, Mr. Guttmann has accepted cases on a contingency fee and on an hourly basis, depending on what is agreed upon. A typical case procedure is as follows: Mr. Guttmann prepares a demand letter to the debtor, a telephone call is made to the debtor (if the number is known), and then Mr. Guttmann delivers his recommendations to the client. Mr. Guttmann also will domesticate foreign judgments and proceed with collection efforts on the same.

What is a lien? A lien is obtained by filing suit against a debtor, obtaining a document called a judgment, and recording a certified copy of that judgment with the county's public records wherein the debtor resides. Please note that the recording of the judgment itself does not create a lien on the real property; it has to be a certified copy of the judgment that is recorded for a lien to go into effect. A lien is good on that piece of real property for a period of 10 years, at which time if the certified copy of the judgment is not re-recorded, it will expire. In order to keep the lien in effect on the debtor's property, the original certified copy of the judgment that was obtained 10 years prior needs to be re-recorded, at which time it will be valid for another 10 years. A lien is only good for a period of up to 20 years. In many cases, before a debtor can sell or refinance a property with a lien on it, he/she must first pay off that lien to clear the title on the property. Hence, if that is done during the 10 year time period and/or after the re-recording of the certified copy of the judgment, then the creditor has a chance that he/she will eventually get paid the amount owed, plus the statutory interest that has accrued since the date of judgment.

Stephen M. Guttmann has specialized in guardianship proceedings since 1988. A few reasons a guardianship might be necessary are as follows:

• The person is a minor under the age of 18 had has come into a large sum of money.
• The person is an adult who does not possess a power of attorney and who does not possess the mental capacity to make decisions regarding his/her person or property.
• Some individuals also decide, on their own, to establish a voluntary guardianship regarding certain assets while they are of sound mind, in lieu of creating a power of attorney.

Guardianships are very time-consuming the first year and require several hearings and much paperwork to get established. However, after the first year of a guardianship, the guardian will come to know what to expect, and the process will become much easier on the guardian and thereby will not require as much time or expense.

In the guardianship process, the court will require an annual guardianship plan and/or an annual accounting be filed every year, reporting to the court. Throughout the whole guardianship process, we will personally be involved to explain and/or assist in any way that we can. We are aware of how difficult this time is for our clients and will assist in making this process easier on all involved.

We handle commercial and residential real estate closings. Closings are taken seriously with a focus on accuracy and timeliness. Your closing will be treated with importance, making the transaction as smooth as possible.