Category Archives: Estate Planning
What Happens If I Forget to Update My Will to Provide for My Spouse?
There is a strong presumption in Florida probate law against disinheriting a spouse. In fact, the law expressly makes provisions for what is known as a “pretermitted spouse.” This is basically a spouse whom you marry after executing your will. If your will does not make any provision for this new spouse, he or… Read More »
Frequently Asked Questions About Summary Administration in Florida
Florida probate is the process by which property is transferred from a deceased individual (the decedent) to his or her beneficiaries. A formal probate administration can take several months–even years–depending on the complexity of the decedent’s estate. However, in some cases Florida law provides for a simplified probate process known as summary administration. Here… Read More »
What Happens to a Florida Estate If the Will is Invalidated?
There are many scenarios where a person’s last will and testament may be found invalid by the court. A successful will contest may be the result of undue influence, fraud, or proof that the decedent lacked mental capacity at the time the will was executed. But if a will is invalidated, what becomes of… Read More »
How Do I Make a Florida Estate Planning Gift to a Child?
A common question we get is, “How do you leave money or property to a minor?” For example, say you want to leave your currently 12-year-old niece a $5,000 gift in your will. If you die before she reaches adulthood, how would that money be handled? One option provided by Florida law is a… Read More »
Congress Reforms Estate, Gift, and Generation-Skipping Taxes Thru 2026
We recently discussed proposed changes to the federal estate tax. Final changes have now been adopted by Congress and signed into law by President Donald J. Trump as part of a comprehensive tax reform package. Here is what you need to know about the new law as it pertains to your Florida estate planning…. Read More »
How Can a Florida Medicaid Lien Affect My Estate Planning?
Many low-income Florida residents require assistance to pay their medical bills. Medicaid provides such coverage with an important caveat: Florida officials may seek reimbursement for any medical costs paid from the recipient’s assets. This includes the estate of any deceased recipient. This is why many people with a family member receiving Medicaid benefits choose… Read More »
Do I Need an Estate Plan If I’m Filing for Bankruptcy?
Estate planning is largely about disposing of your property. But what if you have filed for, or are contemplating, bankruptcy? Suppose you were to suddenly pass away before your bankruptcy is settled. What happens to your case, and what effect might it have on your Florida probate estate? Chapter 7 Liquidations Most individual debtors… Read More »
When Can Creditors Pursue Claims Against Trust Assets?
Florida trusts are not just useful when it comes to estate planning. They can also provide valuable protection for your assets against creditor claims–not to mention family members who have difficulty with managing money. For example, a spendthrift trust is a useful tool that allows you to help a relative while ensuring your money… Read More »
How Does a Buy-Sell Agreement Affect My Florida Probate Estate?
Just because you die in Florida, that does not mean all of your assets are governed by Florida law. If you own shares of a corporation or partnership, for example, your estate’s rights may be governed by the laws of another state. Furthermore, your estate may be restricted in terms of how it may… Read More »
What Florida Estate Planning Do I Need as a Single Parent?
Everyone needs an estate plan. But if you are a single parent with minor children, it is especially critical to have all of your legal affairs in order should the worst occur. If your children’s other parent is already deceased or no longer part of their lives, you need to make sure that they… Read More »
