Recent Blog Posts

Florida Elective Share of a Florida Estate

In 1975, the Florida legislature abolished the dower and courtesy laws. In their place, they enacted the “Elective Share” law.  At the time, a spouse could make the Elective Share against probate assets. However, a decedent could still exclude his or her spouse by leaving nothing subject to probate administration.  In 1999, the Florida legislature […]

Florida Guardianship and Annual Reporting: What You Need to Know

A Guardian has been named the Florida Guardian of your loved one. Now what?  Pursuant to Florida Statute 744.367 and Florida Statute 744.3675, a Guardian has the duty to file annual guardianship reports. Typically, each Guardian of the property pursuant to Florida Statute 744.367 must file an annual accounting; and each Guardian of the person […]

Have You Had A Florida Estate Planning Check-up?

It is hard to believe we are in the final months of 2017.   Now may be a good time to sit down with an experienced and knowledgeable Florida Wills, Trust, and Probate attorney to review your estate plan.   One of the most common issues with individual estate plans is the failure to keep the […]

Florida Estate Planning for Your Business

When consulting with an experienced and knowledgeable Florida Estate Planning Attorney, be certain if you own a business, to discuss what should happen to the business if you were to become incapacitated or die. You will want to provide your Florida Estate Planning Attorney with information regarding your business. For example, the exact name of […]

Relocation and Florida Guardianship: When Can You Relocate a Ward to Another County?

Pursuant to Florida Statute 744.1098(1), a Guardian may not, without Court approval, change the residence of the ward (the Court adjudicated incapacitated person) from this state to another, or from one county of this state to another county of this state. It further states that unless such county is adjacent to the county of the […]

Warning Signs of Financial Abuse of the Florida Elderly

Studies show that financial abuse of the elderly is a growing problem throughout the United States. This is especially true in Florida, where a large majority of the population is over 65 years old.   This can lead to huge problems when you consider the elderly are more susceptible to abuse due to mental health challenges […]

Who is Considered to be an Interested Person When Petitioning for A Florida Guardianship?

Whenever you request a Florida court to appoint you as a Guardian, whether it be Guardian of a minor child, or an adult, Florida Law requires that you properly notify anyone that is considered an interested person under Florida Law of the proceedings. This gives the interested person or persons a chance to participate in […]

Who can be a Guardian in Florida?

Florida Statute Chapter 744 defines a Guardian as a person appointed by the court to exercise all delegable legal rights and powers of the Ward after the court makes a finding of incapacity. A Florida Guardian typically will be granted the authority to make the healthcare and financial decisions for the Ward. The Ward is […]

Florida Estate Planning: Digital Assets and Social Media

Your Estate Planning is not complete without including provisions regarding your digital assets and social media. Considering the large amount of information many people have on their computers and on the internet, it is important to address these matters in your Estate Planning documents. These digital assets could include bank accounts, retirement accounts, and trading […]

Creditors Claims Against a Florida Estate

Many times during initial office consultations, potential clients want to know how long it takes for a Florida Estate to be completely administered through the Probate process.  There are several factors that will affect the length of time that it takes to administer a Florida Probate Estate. Some issues are the number of creditors. How […]

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