Recent Blog Posts
Do I Have to Leave My House to My Spouse or Children After I Die?
As a general principle, you are free to distribute your property as you see fit via a will or trust. But in Florida law, there is a critical exception for “homestead” property, i.e., your primary residence. Article X of the Florida Constitution provides special protections and restrictions on homestead property. The protections include an… Read More »
Is a Florida Will Public Record?
Many people are uncomfortable talking about their finances or estate planning with others, especially members of their own family. Indeed, one question we often get is, “If I make a will, does everyone else have to know about it?” Or put another way, is your will a matter of public record? As long as… Read More »
Can You Turn Down an Inheritance?
For many people, an inheritance is a mixed blessing. Obviously, nobody wants to lose a family member, but it is still gratifying to learn you are entitled to receive part of their estate. On the other hand, you may simply not want the inheritance. Perhaps you were not particularly close to the deceased family… Read More »
What Happens If Someone Dies While in Bankruptcy Proceedings?
One estate planning scenario you have probably never considered is death and bankruptcy. In other words, let’s say you file for bankruptcy protection but suddenly pass away while the case is still pending. Does the bankruptcy case die with you? And what happens to your estate? Chapter 7 vs. Chapter 13 Bankruptcy Cases To… Read More »
Estate Tax Poised to Be Significant Issue in 2020 Elections
The federal gift and estate tax is one of those estate planning issues that remains a source of perpetual political debate. Although the vast majority of Florida residents will never even have to think about potential estate tax liability, politicians on both sides continue to push proposals to either expand or eliminate the tax…. Read More »
Have You Thought About Passwords as Part of Your Estate Planning?
When most people think about creating an estate plan, they consider tasks like drafting a will or signing a power of attorney. But here’s one critical step you probably would never associate with estate planning–keeping track of your passwords. And even more importantly, making sure your future personal representative or agent can access those… Read More »
Does a Florida Will Need to Be Notarized?
Like most states, Florida law requires a valid last will and testament to be signed in the presence of at least two witnesses, each of whom must also sign the will. The witnesses are usually disinterested parties–i.e., not individuals who stand to inherit under the will–and they do not necessarily need to know the… Read More »
Will a Living Trust Protect My Assets from Creditors Seeking to Collect a Judgment?
There are many good reasons to create a living trust. The most common reason is to shield your assets from the probate process. In other words, assets you place into a trust do not pass under your will. The Florida probate process–i.e. the part of your estate subject to your will–is a matter of… Read More »
Probate Fight Emerges Over Legendary FAMU Football Coach’s Memorabilia
The most important reason for making a will is to direct who should receive your property upon your death. Some people simply choose to leave all of their property to a single person, such as a spouse or child. But in other cases, you may want to leave specific types of property to particular… Read More »
How Florida Law Prevents Killers from Inheriting Their Victims’ Estates
How many times have you watched a TV crime drama where someone murdered the victim so the killer could inherit the estate? In real life, it is not that simple. In Florida, there is a law commonly known as the “Slayer Statute,” which basically says you cannot “unlawfully and intentionally” kill someone and then… Read More »
