Recent Blog Posts
The Florida Homestead Exemption & Your Estate Plan
Florida law provides special protection from creditor claims for a person’s “homestead,” i.e., their primary residence. These protections even extend beyond death. That is to say, when a Florida resident dies, they can pass their primary residence on to their heirs at law–usually a spouse or child–and the decedent’s creditors cannot touch the property…. Read More »
Planning for Contingencies in Your Will or Trust
An important part of estate planning is anticipating contingencies. For instance, say you make a will leaving your entire estate to your only child. You should also anticipate a situation where your child dies before you by naming a contingent beneficiary–i.e., who will inherit your estate if the originally named beneficiary is not available…. Read More »
Why Do I Need a Contingent Beneficiary for My Will or Trust?
Anytime you make a will or trust, it is a good idea to name one or more “contingent beneficiaries.” What do we mean by this? Let’s say you are making a simple will. You decide to leave your entire estate to your only daughter. But what happens if she somehow dies before you do?… Read More »
What Happens If My Will is Lost or Misplaced?
Although most of our important documents are now digital, wills remain surprisingly “analog.” What we mean by this is that after a person dies, a Florida court typically needs to see an original, signed copy of a will that has been witnessed by at least two other people. A digital or photocopy is generally… Read More »
The Legal Risks of Revising Your Estate Plan
You are generally free to amend your will or trust during your lifetime. So if you decide your present trust is inadequate, for example, you can revoke it and establish a new one. But keep in mind, any amendments to your overall estate plan may lead to more complications down the line, particularly if… Read More »
How Bankruptcy Can Affect Your Florida Probate Estate
In many ways, probate administration and bankruptcy are similar legal processes. Both involve creating a legal “estate” for an individual’s assets. These estates may have legal rights and interests that conflict with that of the individual. And both types of estates are subject to claims from the individual’s creditors. Florida Estate Liable for $133,000… Read More »
What Happens If I Discover a Deceased Relative Has Unclaimed Property in Florida?
Not every death leads to the opening of a formal probate estate. There are situations where a Florida court may instead approve a shortened process known as summary administration. Generally, summary administration is appropriate when the deceased has been dead for more than two years or the net value of the estate–assets less any… Read More »
Why Does an Estate or Trust Need Its Own Tax ID Number?
One of the more complicated ideas that non-legal persons struggle with in the estate and probate administration process is the need for separate tax identification numbers. As you probably know, when you file your individual federal income tax return (Form 1040) each year, you need to include your Social Security number. This also functions… Read More »
Should I Set Up a Trust for My Pet?
For many Florida residents, their top estate planning priority is providing for their spouse or children. But what about pets? After all, it is not unusual for an animal to outlive their human master. Indeed, certain common pets such as parrots can live for decades. So what is the best way to ensure your… Read More »
Does It Matter If My Power of Attorney Is “Durable”?
Not all powers of attorney are created the same. Under Florida law, there is a special type of document known as a “durable” power of attorney. What makes this different from a regular power of attorney? The answer has to do with the capacity of the person signing the power of attorney–or more precisely,… Read More »
