Category Archives: Estate Planning
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 »
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 »
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 »
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’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 »
Understanding the Scope of a Florida Power of Attorney
A power of attorney can be broad or limited in its scope. In other words, you may use a power of attorney to authorize someone to act as your agent only for certain specified matters. Conversely, you can sign a more general power of attorney that allows your agent to make pretty much any… Read More »
Where Is My Estate Located If I Own Residences in Different States?
The process of administering a probate estate is closely tied to location. In Florida, a probate estate is normally opened in the county where the deceased individual resided. But what about someone who owns homes in multiple states–or even multiple countries? How does the executor know where to open the estate? Domicile vs. Residence… Read More »
