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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...
Florida Probate: The basics of the spousal elective share
The spousal elective share in Florida can be a confusing issue in a Florida probate case. Adding to the complexity is the rare occurrence of elective share issues in Florida probate cases. Typically in a situation where the decedent (the person who died) leaves a...
Giving the Business to the Kids
The holidays is a time of year when people are most likely to make time to see each other. Families gather and spend a lot of time together. We also tend to feel our most generous around the holidays. To some people this may be the perfect time to tell their...
Florida Probate: A overview of the homestead exemption in Florida probate administration
When a loved one’s estate is involved in a Florida probate administration, you may be curious about what will happen to your loved one’s home after he or she passed away. If the home was only titled in the decedent’s (the person who passed away) name, then the...
Divorce and Florida Estate Plans: What should I know?
It's pretty common to see spouses name each other in their estate planning documents. In Florida, a married couple has the option to create joint wills together. But what happens if you and your spouse have a joint will and other estate planning documents...
More than half of Americans don’t have a will. Do you?
When planning for the future, many people tend to think about retirement, savings, and investments. While those things are important to consider and to plan for, one thing tends to get looked over a lot more often than you would think. Estate planning documents,...