Recent Blog Posts
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 »
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 »
