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The Probate Process: Why is it taking so long?
How long does Probate take? Well, the best answer any attorney can provide is it depends. We generally hesitate giving an exact timeframe because each situation is different and unexpected things may occur throughout the process that can either speed things up or slow...
Health Care Surrogate During Coronavirus
We have a lot of people asking for wills because of the coronavirus situation. A will is not the only document we include with our core estate plan. We include several documents that name the person or people you want to make health care decisions for you, even if you...
What is the best way to make a will in Florida?
While looking up how to make your will, you probably found a ton of advice: forms at office stores, articles on financial websites, legal websites that have you answer some questions and spit out a form will, and finally, an estate planning attorney. Every category...
Estate Planning and Coronavirus
Often in consultations I have to make up hypothetical situations to illustrate the usefulness of lifetime documents like a durable power of attorney and a health care surrogate. If you’ve been in a consultation with me, you’ve probably heard the story of my broken...
What is a Joinder, Waiver, and Consent?
One question we get often is “I got this joinder, waiver, and consent- should I sign it?” Like many other questions we receive there is not a one size fits all answer. The answer will depend on a number of factors. These often include the relationships of the...
Electronic Wills: The Good, the Bad, and the Confusing
In June, the Governor of Florida signed Florida House Bill 409 into legislation. This bill authorizes the use of electronic wills and will take effect January 1, 2020. An electronic will is a will that is executed online via remote notaries and video technology. This...
What You Should Know Before Buying a Home with a Homeowners’ Association
In Florida, many homes are located in communities controlled by homeowners’ associations “HOAs”. While HOAs offer many benefits to its residents, many owners, especially those who have never lived in an HOA before, are surprised by how HOAs are governed. Florida HOAs...
Who is an heir in Florida?
If you’ve recently lost a loved one, and determined that you must probate their estate, you will have to gather the details of their familial relationships. Recently there has been a shift in how courts proceed in administration of intestate probate estates. Where...
Florida Estate Planning: What documents should I have in my estate plan?
There are several documents that all people should include in their estate plans. These documents are: a last will and testament, durable power of attorney, living will, designation of health care surrogate, and designation of preneed guardian. Last will and...
Estate Planning for Small Business Owners
If you are a small business owner in Florida, you need to have an estate plan. In the probate process, the treatment and distribution of an ownership interest in a small business can be complex and expensive. Depending on the structure and business type, the business...
Florida Probate: What is a final accounting in a probate case?
In Florida probate administrations, one of the major sticking points, if there is one, is usually the accounting. This is especially true when there is a contested formal probate administration or when the beneficiaries lack trust in the personal representative. The...
FINRA Rule 8210 and Florida Professional License Disciplinary Proceedings
If you are licensed by FINRA, there is no doubt that you are familiar with the broad investigation powers that FINRA possesses if there is a suspicion of wrongdoing. However, if you are licensed by FINRA and working in Florida, you are very likely to also be licensed...
Florida Probate: Am I liable for my deceased loved one’s debts?
One of the questions that we commonly are asked by clients and potential clients is whether they should make payments on their deceased loved one’s debts either before probate is started or while the probate process is ongoing. Some people believe that all of a...
Florida Estate Planning: What is a separate writing for a will?
When we are helping clients design their Florida estate plan, one of the most common questions that we receive is whether the person should include specific items of tangible personal property in the will itself. Usually, our recommendation is that items of high...
What Could Happen with XXXTentacion’s Trust and Estate
The nature of practicing in estate planning and probate means spending time around people who are often of advanced age. One of the most common phrases we hear is “I really need to take care of my will” (usually followed by not taking care of their will). Current...
How Do Assets Affect Medicaid Eligibility?
Florida Medicaid planning is a complex undertaking. If you read our previous post about Medicaid planning in Florida, you know that it is crucial to have a plan for funding skilled nursing care, such as care in a nursing home. We create Medicaid plans for people...
Florida Probate: How can I open a safe deposit box owned by a person who has passed away?
One of the problems that occurs in a Florida probate case is that the decedent (person who passed away) had a safe deposit box. Sometimes, the decedent stored his or her will in the safe deposit box. Other times, the personal representative in the probate needs to...
How do I pay for nursing home care in Florida?
One of the concerns we have as our family members age is how a family member will be able to pay for nursing home care if he or she needs it. Depending on the source, in 2018 the average cost of nursing home care in Florida is approximately $9,171.00 per month. Many...