What Is a Lady Bird Deed in Florida?
A lady bird deed in Florida, also called an enhanced life estate deed, lets you transfer your Florida home to your beneficiaries at death while avoiding probate. You keep full control during your lifetime. You can sell, mortgage, rent, or change your mind, all without anyone’s permission. When you pass away, the home goes to […]
Florida Estate Planning Checklist: 5 Documents for Parents
If you are a parent living in Florida, two questions probably keep you up at night: Who would raise your kids if something happened to you, and who would handle the money that they would inherit? This Florida estate planning checklist answers both by walking parents through the five estate planning documents that put those […]
Using Joint Accounts and Beneficiary Designations in Florida to Avoid Probate
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 this same purpose. All of these designations create automatic transfers upon death for bank accounts. Using these strategies not only simplifies the transfer […]
Trustee Defense Q&A
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 assets, Trustees must navigate a complex body of law that governs their powers and duties. Despite the weight of these obligations, many Trustees […]
11 Pitfalls of Prenups in Florida
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 status. This process can strengthen a couple by tackling a taboo topic centered around one of the leading causes for divorce: money. Premarital […]
What to Do If Your Will Was Lost or Damaged During Hurricane Season (Florida Attorney Explains)
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 finding themselves having to pick up the pieces resulting from these catastrophes. While there seems to be plenty of information out there about […]
How to Access a Deceased Person’s Safe Deposit Box (Florida Attorney Explains)
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 rented the box) has passed away? After the initial grief associated with losing a loved one, it is expected that those close to […]
Everything You Need to Know About Florida’s Community Property Trust Act
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 community property. This is big news because Florida was not previously a community property state (with some exceptions if you moved to Florida […]
Can Medicaid take money from a special needs trust?
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 any first-party special needs trust are used to repay Medicaid. Do assets in special needs trusts disqualify you from Medicaid? The assets in […]
How to Revoke a Lady Bird deed in Florida
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 to yourself. The Safest Way to Revoke a Lady Bird Deed The whole point of a lady bird deed is that you can […]