Recent Blog Posts
Who Has the Legal Right to Plan a Person’s Funeral?
A sudden, unexpected death in the family can leave the survivors struggling to answer some basic questions about what steps to take next. For example, who will plan the funeral? Did the deceased leave any instructions about how they wished to be honored or buried? And who even has the legal right to make… Read More »
Georgia Court Reconsiders Legality of Guardianship Over Former Florida Resident
There are situations where it may be necessary for a court to place an incapacitated adult under a legal guardianship. Florida law authorizes guardianships whenever a judge determines a ward–the adult subject of the proceedings–is physically or mentally unable to manage their needs for any reason. Because a guardianship can significantly restrict the ward’s… Read More »
What Is a “Self-Proving” Will?
You probably know that in order for a last will and testament to be legal, it needs to be witnessed. Specifically, Florida law requires all valid wills to be signed in the presence of at least two witnesses. The witnesses can be any legally competent adult, including someone who is named as a beneficiary… Read More »
Florida Court Rejects Daughter’s Claim Against Father’s Estate 18 Years After His Death
There are different rules in Florida when making a legal claim against an estate versus a still-living person. That is to say, if you believe a now-deceased individual owes you money, your legal remedy is to file a claim against their probate estate. And typically, you need to file such a claim within a… Read More »
Understanding the Limits of a Revocable Trust in Florida
Revocable trusts are commonly used in Florida estate planning to help streamline the probate process. Assets you put into such a trust are not considered part of your probate estate. This means that after you die, your trust can distribute these assets to your beneficiaries without going through the formalities of a court-supervised probate…. Read More »
What Does It Mean to “Escheat” a Florida Estate?
There are a number of confusing legal terms surrounding estate and probate administration in Florida. One such term you may have come across is “escheat.” What does this word mean? And how could it affect your own estate, or even the estate of a family member who recently died? The word “escheat” actually dates… Read More »
Florida’s Homestead Tax Exemption and Your Probate Estate
Your primary residence or “homestead” enjoys a number of special protections under Florida law. For example, most unsecured creditors cannot force you to sell your homestead in order to pay off your debts. This exemption, which is provided in the Florida Constitution, extends to your spouse or minor children if they continue living in… Read More »
What Happens If My Child Dies Before Receiving Their Share of My Trust?
During the process of creating a will or trust, you may need to consider certain contingencies. For instance, say your plan is to leave everything to your children. What happens if one of your children dies before (or shortly after) you do? Will their share of your estate to go to their descendants? Or… Read More »
Dead Hand Control: Can You Condition a Gift on a Will or Trust on Who a Beneficiary Marries?
There is a trope you see in old movies where a person stands to inherit a great fortune from a deceased relative provided they “spend a night in a haunted house.” While this exact scenario may not occur in real life, there is a legal concept known as “dead hand control,” where a person… Read More »
Can Your Estate File for Bankruptcy After You Die?
Many Florida residents will pass away leaving behind some amount of debt. In some cases, the debts may exceed the deceased person’s assets. You might wonder how the law deals with such scenarios. For instance, could the executor of an insolvent estate file for bankruptcy protection? The short answer to this question is “no.”… Read More »
