Author: Celeste McLaughlin

When Shari and Bill Daniel had small children more than two decades ago, they realized immediately that they needed a plan in case something ever happened to them. 

A friend highly recommended attorney Denise A. Welter, Esq., who was practicing estate law in South Florida, so they reached out. 

“She is so easy to work with,” Shari says. “It gives me such peace of mind knowing we have every legal document we need. I have this overwhelming sense of calm that my kids won’t have to worry.” 

Even though Shari’s children are now grown and have never yet had to reach for that paperwork, Shari has referred a stream of relatives and friends to Denise, who prepared them for many scenarios that can happen — from incapacity to illness to, of course, death. 

“Denise helped my mother before she got sick,” Shari says. “The only non-stressful part of her illness was knowing I had everything I needed at my fingertips. I had medical power of attorney, so I could make the decisions I needed to make. Her wishes were very clear and I could follow them to a ‘T,’ thanks to Denise’s amazing planning.” 

Shari says that many people think all they need is a will, but Denise showed her that there are many other options to consider. Denise provides a comprehensive binder for her clients, encouraging them to document family values, funeral preferences and account passwords. 

“Just to pay my mom’s water bill, I had to have a durable power of attorney,” Shari says. “But, all I had to do was open the folder and it was there.” 

When Denise’s husband of more than four decades retired, the couple moved from South Florida to New Tampa. 

Two years ago, Denise opened her Welter Law Office in the Cypress Glen Professional Park, just east of I-75 and north of S.R. 56 in Wesley Chapel, where she helps families with estate planning, wills, trusts, probate and advanced health care directives. 

In addition to her legal expertise and making it easy for families to organize important legal documents, Shari says the best thing about working with Denise is her compassion. 

“Doing this type of paperwork is very emotional,” Shari says. “[Denise] has empathy beyond her legal experience and really understands the emotional aspects of the process.” 

Denise had been a legal secretary for 17 years when she was let go from her position, a turning point she describes as the “best worst thing that ever happened to me.” 

As a busy mom of two young boys, she then made the decision to pursue a law degree. 

Over the next five years, she obtained both her Bachelor of Arts (B.A.) degree, majoring in Legal Studies, and her Juris Doctor (J.D.) degree, both from Nova Southeastern University, which is based in Ft. Lauderdale. 

A member of the Florida Bar since 2002, Denise passed the examination on her first try. After assisting in another firm’s real estate department, she found her calling in estate planning and probate. 

“I found my niche, and I’ve been doing it ever since,” she says. 

Emphasizing the importance of wills and trusts, Denise highlights the role of these important legal documents in providing directions to the courts regarding asset distribution. 

When someone passes away with assets solely in their name and without a designated beneficiary, their estate has to go through the probate court process before their assets can reach their heirs. In order to bypass probate, Denise advises her clients of the benefits of trust planning, which transfers assets into a trust, creating a separate legal entity that holds and manages them, ensuring a smooth transition to the deceased’s beneficiaries. 

“With a trust, because you technically don’t own the assets at your death — the trust owns them — so nothing has to go through the probate process,” she explains. “Most people do trusts to avoid probate and to protect their assets, especially for their minor children.” 

She adds that trust planning serves as a preventive measure against court involvement and the necessity for guardianship in situations involving dementia or other illnesses that render individuals incapable of handling their own financial decisions. 

Highlighting an often-overlooked scenario, Denise also suggests that parents of 18-year-olds should consider having health care surrogate designations, living wills and powers of attorney for these new adults to navigate potential HIPAA law challenges. 

Otherwise, if their 18-year-old is hospitalized or otherwise incapacitated, medical providers are unable to give parents any information about the adult child’s condition. 

Denise says that the most important skills she needs in this field are the ability to listen to what her clients’ want and expect and then put together what they need for their family dynamic. “A lot of attorneys like to do a lot of the talking, but when clients come in, they want someone to hear their story,” Denise says. 

She notes how helpful that can be, especially when connecting with clients who face difficult and complicated family dynamics, whether it’s a blended family or adult children who are estranged from their parents. 

“It’s a very sad trend I’m seeing, but one of our roles as an attorney is as a counselor,” Denise says. “So, I help clients analyze those issues and give them tips to navigate those waters that can sometimes feel overwhelming.” 

Denise also sends digital follow-ups annually to inform her clients of any law changes that could affect them and encourages them to review their estate plans every five years or during important life changes. 

She is a member of the National Association of Elder Law Attorneys, Academy of Florida Elder Law Attorneys, The National Academy of Elder Law Attorneys, The Real Property Probate & Trust Law Section of the Florida Bar, Lawyers of Distinction and Lead Council Verified. 

Denise offers a free consultation to sit down and talk through a client’s needs and wants and understand what their complications might be. Then, she quotes a flat fee of the cost to prepare the needed documents. 

Denise and her paralegal, Jackie Shoemaker, are committed to great client communication. Jackie joined the firm after Denise’s former paralegal moved out of the area. 

“Jackie has been here since January and has already become a great asset to the firm in such a short time,” Denise says. “She has a lot of experience.” 

When not at her law office, Denise says she can be found at the beach with Bob, her high school sweetheart, visiting her sons Chris and Eric, playing with her three grand-daughters, Abbey, Amelia and Lillian, traveling, or participating in a marriage communications weekend with United Marriage Encounters. 

For more about info about the Welter Law Office (2405 Creel Lane, Suite 102, Wesley Chapel), call (850) 388-3845, visit WelterLawOffice.com.