Articles & Resources
An easy way to avoid probate on bank accounts in Florida is to use Transfer on Death (TOD) and Payable on Death (POD) designations. Alternatively, joint account ownership is often used for …
Serving as a Trustee of a trust comes with significant responsibilities, including managing and administering assets that can range from a few thousand dollars to several million. In addition to overseeing these …
Prior to getting married, all couples should consider a premarital agreement (commonly known as a “prenup”) regardless of who they are, how long the couple has known each other, or their financial …
Hurricane Helene and Hurricane Milton have caused long-lasting damage to the state of Florida, especially on the east coast. Despite the best laid plans and advance preparation, many Florida residents are still …
Many people rent safe deposit boxes to store important and/or valuable items or documents. But what happens to that safe deposit box (and its contents) once the lessee (i.e., the person who …
Florida recently passed the Community Property Trust Act. According to the new law, you can now create a trust in Florida for which all property in the trust will be treated as …
No, as long as the trust beneficiary is alive, Medicaid cannot take money from a special needs trust that is properly drafted and managed. However, after the beneficiary dies, the assets in …
The most effective way to revoke a Florida lady bird deed is to transfer your property to a third party. It is unclear whether you are allowed to transfer the property back …
Other than death, an estate plan is useful for incapacity. An estate plan can put people in place to make both financial and medical decisions on your behalf if you are incapacitated. …
No, an inter vivos trust is not necessarily the same thing as a revocable trust. However, some inter vivos trusts are also revocable trusts. What is an inter vivos trust? An inter …
Yes, a lady bird deed should be recorded with your county’s clerk of court. The recording is not a legal requirement, but it is a standard practice and comes with a number …
Yes, a corporation or LLC can avoid probate in Florida. However, this is not done automatically. To avoid probate, you must either move your business interest into a trust or edit the …
Medicaid cannot take your life insurance policy while you are still alive. However, if your estate is the beneficiary of your life insurance policy and you receive long-term care Medicaid benefits, then …
In a discretionary trust, the trustee has complete discretion over how, when, and whether to make distributions to beneficiaries. In other words, the beneficiaries of a discretionary trust have no power to …
No, a Florida will does not need to be recorded to be validly executed. However, your will is typically submitted to a probate court after you die, and at that point it …
Nearly everyone needs a last will and testament. As an estate planning attorney, I can say that with confidence. But the will is often a misunderstood document. For example, it is useful …
A will can give access to a bank account unless that account has a joint owner or a pay-on-death beneficiary. If the sole owner of a bank account dies, then the account …
No, a will does not need to be signed on every page to be valid. However, signing or initialing every page of the will is a common practice and can be used …
Yes, a notary can witness a will in Florida. However, the notary cannot both witness and notarize the same will. Who can witness a will in Florida? Florida allows anyone to be …
No, a will is not required to be notarized in Florida. However, it is almost always advisable to include a self-proving affidavit in your will, which does require notarization. This is why …
Yes, you can name the same person to be both the personal representative of your estate and the trustee of any trusts you create. What is the difference between a personal representative …
What is a residuary estate? The residuary estate is all property not specifically left to someone in a last will and testament. In other words, it is a “catch all” term for …
Yes, you may name one of the beneficiaries of your will to also be your personal representative. In fact, this is commonplace. Who can serve as personal representative? In order for an …
A Florida last will and testament will not be probated or enforced if it has not been signed by the testator or by one of the required witnesses. In order for a …
No, a living will does not need to be notarized in Florida. However, it is often wise to have the document notarized anyway. Requirements of Florida Living Will The requirements of a …
No, in Florida, a personal representative does not need to be a family member or spouse, as long as the personal representative is a legal resident of the state of Florida. Who …
Yes, you should include your funeral wishes in your Florida will. But you should also communicate your burial wishes to loved ones in other ways. Wills often are not read until after …
No, generally the personal representative is not allowed to alter or ignore a validly executed last will and testament. However, if all beneficiaries of an estate make an agreement to change the …
No, Florida does not recognize common law marriages entered into after January 1, 1968. But if you entered into a common law marriage prior to January 2, 1968, then the marriage might …
A Florida lady bird deed, also called an enhanced life estate deed, can be a useful estate planning tool. In fact, the lady bird deed is my favorite way to transfer a …