Recent Blog Posts
Same-Sex Divorce & Child Custody Disputes
The landmark case Obergefell v. Hodges, decided in 2015 by the Supreme Court, granted numerous rights to same sex couples. These rights include the right to marry, and consequently, the right to divorce. Unfortunately, in many states including Florida, same-sex couples face numerous challenges including equal treatment under the law. Family law is emotionally… Read More »
Contested Child Custody
Unfortunately for some families, the subject of divorce also means serious decisions regarding child custody. While some divorces are amicable, some are extremely tumultuous. Some parties sadly use the shared child as leverage in uncontested proceedings or over routine decisions like drop-off location or extracurricular activities. Divorce is a pivotal moment for many families…. Read More »
Special Needs Trusts
Special needs trusts serve the needs of families requiring adult beneficiaries to be cared for beyond a caregiver-testator’s life. The trust can be created so that an executor is appointed to oversee distribution of funds and the well-being of the special needs beneficiary. If you care for a loved one with a permanent physical… Read More »
Why You Should Update Your Will
You drafted a will, a durable power of attorney and a list of assets and liabilities five years ago. You’re finished with estate planning, right? Well, not quite. It is always a good idea to revisit your estate planning documents, including your will and list of assets and liabilities, on a yearly basis. Circumstances… Read More »
COVID-19: Child Custody & Support Modifications
COVID-19 has changed life as we know it for millions of Americans and billions more internationally. For divorced couples and their families, adjusting to the new normal comes with growing pains and increased difficulty. While it is always best to remain civil and cooperative when co-parenting, COVID-19 brings unique challenges that may require modification… Read More »
My Spouse Died Without a Will in Florida—What Happens Now?
When a person dies without a will in Florida, they are considered to be ‘intestate’ in the eyes of the law. This means that their remaining assets and property will be divided up by the rules set forth under state law. You may be wondering: What happens if my spouse dies without a will?… Read More »
Appointing a Guardian for Minor Children in Florida
In the unfortunate event that a child becomes orphaned, Florida law requires that the Florida courts appoint a legal guardian over the child for the child’s welfare and to manage the child’s physical and financial assets. The courts first search for next of kin and relatives of the child to appoint as a suitable… Read More »
The Importance of an Advanced Directive and Healthcare Surrogate
Why should you consider an advanced directive or nominating a healthcare surrogate, in addition to drafting your will and determining allocation of assets? While it is difficult to think of our own passing, it is much more difficult for family members when you pass, or while one is critically ill, if a healthcare surrogate… Read More »
My Spouse Passed Away—Will Our Assets Go Through Probate?
As described by the Florida Courts, probate is the court supervised process whereby a person’s property/assets are identified, valid creditors are paid, and distributions are eventually made to the rightful heirs. For a number of different reasons, many people want to avoid probate. It can sometimes be a slow and frustrating process. This raises… Read More »
Florida Family Law Appeals: You Have 30 Days to File a Notice of Appeal
Family law cases are complicated and sensitive. Going through a dispute is stressful, and receiving an unfavorable decision from the court is downright frustrating. It is important to understand that you are not necessarily out of options if your case did not go your way. Parties have the right to appeal an adverse family… Read More »
