Recent Blog Posts
What Is A Codicil To A Last Will And Testament?
The term “codicil” may be heard when discussing updates to estate planning documents, particularly the Last Will and Testament. However, not everyone understands what a “codicil” is and what it means. Most Wills in the state of Florida can be revoked or amended at any time before the testator’s death or incapacity. If a… Read More »
How Often Do I Need to Update My Estate Plan?
Many people believe that once they create an estate plan, they place their plan in their safe deposit box or in their office and they do not look at it for decades. In reality, you should regularly review and update your estate plan to ensure that it still reflects your intentions. So how often… Read More »
How Premarital & Postmarital Agreements Affect Estate Planning in Florida
Many couples use marital agreements to protect their assets in the event of a divorce or death. However, while premarital or postmarital agreements offer a number of benefits during divorce, marital agreements can greatly affect your estate planning. If you have a premarital or postmarital agreement and are looking to create an estate plan,… Read More »
What is the Difference Between Conservatorship and Guardianship in Florida?
Many people mistakenly believe that conservatorship and guardianship are synonyms or the same legal proceeding. However, these two terms describe two different legal processes under Florida law. In Florida, you can file a petition for guardianship when your family member has become incapacitated due to a bodily injury or illness that has affected his… Read More »
Living Will: What is It and What Are the Benefits?
A Living Will is a legal document that allows you to describe your wishes regarding medical treatment and procedures when you are no longer able to provide informed consent. The person creating the Living Will (“the principal”) can describe his or her preferences for medical treatment for his or her end of life care…. Read More »
What Happens to a Home with a Mortgage Upon the Borrower’s Death?
A common issue when a homeowner dies is the outstanding balance on a mortgage loan on the decedent’s homestead property. In this case, the beneficiary or next of kin who inherits the home will have to decide what to do with the property. Many inheritors of the homestead property struggle to keep-up with the… Read More »
How to Get a Power of Attorney for My Elderly Parents in Florida?
If you have noticed that your aging parents are losing their ability to make decisions regarding their healthcare or finances on their own, you may want to consider getting a power of attorney. A power of attorney allows the principal (an elderly parent) to empower someone they trust (their child) to make decisions concerning… Read More »
4 Mistakes Personal Representatives Should Avoid When Probating an Estate in Florida
Being a personal representative, also known as the executor of an estate, is a major undertaking. If you were appointed as a personal representative (also called an Executor) of someone’s estate, you must clearly understand your rights, duties, and responsibilities to perform this job properly. Although serving as someone’s Personal Representative can be a… Read More »
What Happens if the Will Cannot Be Found After the Testator’s Death?
If a Last Will and Testament cannot be found after the testator’s death, things can get complicated quickly. In some cases, people who write a will share their plans and final wishes with their loved ones. For this reason, beneficiaries named in the will know that the document exists and may even know the… Read More »
What’s the Difference Between a Will and Trust?
Many people use the terms “will” and “trust” interchangeably when talking about estate plans. However, these two terms are very different. It is important to understand the difference between a trust and a last will and testament when creating an estate plan. What is a Last Will and Testament? A will – or more… Read More »