Recent Blog Posts
I Already Have a Power of Attorney? Do I Also Need a Will?
When it comes to Florida estate planning, many people look for shortcuts. They do not appreciate the fact that different legal documents cover different situations. For example, some Florida residents think that they do not need a will or trust because they’ve already given a family member a power of attorney, and that will… Read More »
How the Medicare Secondary Payer Rule Can Impact Your Florida Estate
One potentially critical task for your probate estate is managing any litigation arising from your death. Unfortunately, many Floridians die each year due to acts of negligence or medical malpractice. The task of seeking damages against the responsible parties often falls to the estate, which is why it is so important to name someone… Read More »
Do I Need Uninsured/Underinsured Motorist Coverage If I Live in Florida?
A car accident can leave you with thousands of dollars in medical bills, lost wages, and other damages. If your accident was the result of another driver’s negligence you may be able to file a personal injury lawsuit, but your ability to actually collect on a judgment may depend on whether or not the… Read More »
Who Can Serve as a Florida Guardian When No Family Members Are Available?
Florida guardianships are often necessary to protect elderly and vulnerable adults from potential exploitation. A guardianship may be especially appropriate when an adult lives alone, has no immediate family, and is unable to cope with a recent physical or mental trauma without professional assistance. In such cases, a probate court may appoint an individual… Read More »
Can a Relative Sign a Contract For Me Without a Power of Attorney?
A Florida power of attorney means there is someone with the authority to act in your name should you be unavailable. Having a power of attorney is therefore crucial if there is any need to execute a contract on your behalf. After all, you cannot be legally obligated by a contract that neither you… Read More »
What Are the Surviving Spouse’s Rights in the Family Home?
Normally a Florida resident is free to dispose of his or her property through a will as they see fit. But there are special rules that apply to a person’s primary residence or “homestead.” The Florida Constitution actually restricts the “devise”–or transfer by will–of a homestead if the owner has a surviving spouse or… Read More »
What Happens When One Florida Estate Sues Another Florida Estate?
One of the key objectives of Florida probate administration is disposing of potential claims by and against the estate. In the latter case, the personal representative or administrator has a legal duty to pay all valid debts incurred by the deceased. At the same time, the estate must also take legal steps in order… Read More »
Do I Need a Florida Estate Planning Lawyer to Prepare a Florida Trust?
Many people come to Florida from somewhere else. If you have relocated to Florida recently, it is a good idea to consult with a local attorney to revise your existing will or trust. Although out-of-state estate planning documents are generally valid in Florida, if you do need to make any changes, it is important… Read More »
Answers to Common Questions About Taxes and Your Florida Estate or Trust
When it comes to Florida estate planning, we often think about questions like, “Who will take care of my children?” or “Who will inherit my property?” We usually do not think about some of the secondary legal issues that may arise in the course of administering our trust or estate, such as, “Do I… Read More »
How Do I Challenge the Validity of a Will in Florida?
There are a number of situations where a party may need to contest the validity of a Florida will. One legal tool that a party may use to protect its interests is the filing of a “caveat.” This is essentially a notice filed with the probate court reserving the right to be notified if… Read More »
