Recent Blog Posts
Can a Guardian Go to Jail for Failing to Follow Court Orders?
When a Florida adult is considered legally incapacitated to make financial or healthcare decisions for themselves, a judge may need to step in and appoint a guardian. A guardianship is a significant responsibility. The guardian is required to comply with a multitude of laws and orders and must file periodic reports with the court… Read More »
Is a Florida Estate Required to Pay Final Medical Expenses Without Proper Documentation?
It is not uncommon for a person to die leaving several outstanding bills or debts, including their final medical expenses. One of the key tasks of probate administration is to ensure any valid debts are paid using the available resources of the decedent’s estate. Of course, the personal representative is not required to pay… Read More »
Florida Supreme Court Approves Technical Amendments to Probate Rules
The Florida Supreme Court recently approved some technical amendments to the rules governing probate proceedings in the state. While these amendments do not significantly alter existing law, they provide a good opportunity to explain the basics of filing a petition for administration–i.e., the first step in seeking opening a formal probate estate after someone… Read More »
Are There Assets You Cannot (or Should Not) Put Into a Revocable Trust?
A living trust allows you to keep certain assets out of the Florida probate process after you die. But there are certain assets that, for one reason or another, cannot or should not be placed into a living trust. Here are some examples. Retirement Accounts If you have a 401(k), 403(b), IRA, or qualified… Read More »
Why Did President Trump Change His Residence from New York to Florida?
President Donald J. Trump recently announced he was becoming a Florida resident. Although Trump has long been associated with the Sunshine State through his ownership of the Mar-a-Lago club in Palm Beach, the 73-year-old is arguably one of New York State’s most famous residents. And given that Trump spends most of his time these… Read More »
What Types of Assets Can I Place in a Florida Trust?
In estate planning, we often assist clients with creating revocable trusts. This is a legal device that allows you to retain control over your assets during your lifetime. But after you die, the assets remain in trust under the control of a successor trustee. Trust assets do not pass as part of your probate… Read More »
When Does a Florida Power of Attorney Expire?
A power of attorney is a document that delegates authority from one person to another. For example, you might have a power of attorney authorizing an agent to sell your house while you are out of the state. In estate planning, it is common practice to sign what is known as a durable power… Read More »
What Happens If My Estate Cannot Locate an Heir?
Here is a hypothetical situation. Judy retired to Florida after living most of her life in New Jersey. Before she left New Jersey, Judy signed a will leaving her entire estate to her sister, Meredith. Unfortunately, after moving to Florida, Judy lost touch with Meredith, although she never changed her will. After Judy dies,… Read More »
Why Is It a Bad Idea to Write My Own Will?
Many Florida residents find the prospect of writing a will or creating an estate plan to be overwhelming. And as is often the case with such tasks, people frequently think about taking shortcuts. This often leads to thinking like, “I don’t need to contact a lawyer, I can write my own will!” Indeed, there… Read More »
What Is a “Payable on Death” Account?
Normally when you die, the money in your bank account is considered a probate asset, meaning it is distributed in accordance with the terms of your will. But it is possible to keep your bank account out of the probate process by designating a “payable on death” (POD) beneficiary with your bank. POD accounts… Read More »
