Category Archives: Estate Planning
Your Pets & Divorce
In Florida, pets are still considered personal property when it comes to equitable distribution in divorce. Parties are now drafting prenuptial custodial agreements for pet custody similar to child custody and support orders. In many states, dogs are assigned a monetary value based on property valuation and that includes Florida. The Plaintiff or party… Read More »
Estate Planning for Newlyweds & Blended Families
Wedding bells are ringing. You booked the caterer, the date is set and you have your dress. But have you given thought to your estate plan now that you are married? Will you be joining two families and have special considerations regarding your children from a previous marriage? Do you think it is too… 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 »
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 »
Your Guide to Florida’s Intestacy Laws
With effective estate planning, you can control what happens to your assets and property after you pass away. However, when a person dies without a will, they will lose control over what happens. Their estate will be handled under Florida’s intestacy laws. In other words, Florida law will step in as a default mechanism… Read More »
Do I Have to Go Back to Court to Get a Post-Divorce Modification in Florida?
Following a Florida divorce, the parties may have ongoing obligations to each other. The three most common examples of ongoing obligations are child custody & visitation, child support payments, and alimony payments. These ongoing obligations are subject to modification as long as the obligations remain. If there is a substantial change in circumstances, a… Read More »
