FLorida Estate and Trust Blog

Learn how Florida probate for snowbirds works, including how multi state property issues affect probate, when ancillary probate is required, and how a Miami Lakes Lawyer can help streamline the process for families with real estate in several states.

Florida is preparing for a major shift in business and asset protection planning with the adoption of Series LLC legislation. This change will allow business owners and investors to separate assets and liabilities within a single LLC structure, offering new flexibility for holding companies and real estate portfolios. This article explains what a Florida Series LLC is, how it works, when the law becomes effective, and why speaking with a Florida asset protection lawyer is essential before restructuring.

This article explains why families who have a child with disabilities often turn to a Florida special needs trust as part of their estate plan. It covers government benefit rules, the difference between first party and third party trusts, how these trusts protect children in the long term, and why many families work with a Miami Lakes Lawyer for guidance.

This article explains how Florida digital legacy planning determines what happens to online accounts and digital property after death. It discusses Florida law, the role of digital asset fiduciaries, how to name the right people to manage online accounts, and why many Floridians consult a Miami Lakes Lawyer to ensure proper access and control.

This article explains how firearms, including items regulated under the National Firearms Act, fit into a Florida estate plan. It covers ownership rules, probate risks, reasons to use a Florida NFA gun trust, and how a properly drafted trust helps families avoid criminal liability and protect valuable firearms collections.

Florida is home to many international families with property and financial connections across borders. When foreign assets or non U S citizen spouses are involved, estate planning becomes more complex. This article explains how Florida residents can protect assets, coordinate international planning, and avoid probate disputes through proper documentation, trusts, and planning tools.

As 2026 approaches, Florida residents face new estate planning challenges—rising asset values, evolving tax considerations, and a growing need for documentation to prevent probate disputes. This article outlines the top estate planning and asset protection goals for 2026, including trusts, homestead planning, digital assets, and protections against fraud, misinformation, and contested estates.

Florida trustee disputes often arise when a successor trustee mismanages assets, fails to communicate, or engages in misconduct. This article explains when beneficiaries can remove a trustee, what counts as a breach of fiduciary duty, and how Florida courts handle cases involving deceit or fraud, like situations where someone conceals a marriage or lies about who the rightful beneficiary is.

Prenuptial agreements are powerful tools in Florida estate planning, especially in blended families, second marriages, and situations involving significant assets. This article explains how prenups work with wills, trusts, homestead laws, and elective share rights—plus why properly documenting marital status and financial expectations can prevent costly disputes like those seen in real Florida probate cases.

The holiday season is the perfect time for Florida families to gift money or assets—but doing it correctly can help reduce future estate taxes and simplify inheritance. This article explains how the annual gift tax exclusion works, the 2025 exclusion amount, what counts as a gift, and how proper documentation helps families avoid disputes and misunderstandings—an issue highlighted in real Florida probate cases involving false statements and undisclosed relationships.

Guardianship in Florida can remove a person’s right to make financial, medical, and personal decisions. Fortunately, most guardianships are avoidable with proper estate planning. This article explains how to avoid guardianship in Florida using powers of attorney, advance directives, trusts, and legal planning, before a crisis occurs.

The Florida Slayer Statute prevents individuals who intentionally kill from inheriting from their victims’ estates. The reported deaths of filmmaker Rob Reiner and his wife Michele Singer Reiner, with criminal charges filed against their son, highlight how this statute can apply in real world and high profile situations. This article explains how the law works, how it may affect inheritance rights, and why guidance from a Weston lawyer is critical in complex estate and probate matters involving homicide allegations.

Remarrying in Florida brings new joy—but also complex estate planning considerations, especially when you want to protect your children from a prior relationship. Without proper legal planning, your new spouse could accidentally or legally inherit more than intended. This guide explains how to protect your assets for your children when entering a second marriage in Florida.

When the settlor of a Florida trust dies, the trustee must immediately begin a series of legally required steps to administer and protect trust assets. This article explains a trustee’s first priorities, statutory obligations, deadlines, and best practices — helping new trustees understand where to start and how to avoid liability under Florida law.

Stepchildren often feel overlooked or confused about their rights when a stepparent passes away. In Florida, stepchildren can challenge a will, but only under certain circumstances—and not with the same automatic rights as biological or adopted children. This article explains when stepchildren have standing, what grounds they can use, and how Florida probate law treats blended families.

Sibling disputes over a parent’s will are among the most common forms of probate litigation in Florida. This article explains when a sibling has the legal right (standing) to contest a will, what grounds are available, how Florida law protects against undue influence, and what steps to take if you believe a will does not reflect your parent’s true wishes.

Not everyone can challenge a will or trust in Florida. Only individuals with legal “standing” may bring a contest, and Florida courts strictly enforce these rules. This article explains how standing works, who qualifies, when surviving spouses and family members can contest, and which Florida statutes apply in probate and trust litigation.

A constructive trust is one of the most powerful equitable remedies available in Florida probate litigation when someone wrongfully holds, transfers, or withholds estate property. This article explains when courts impose constructive trusts, common factual scenarios, proof required, and how this remedy restores assets to the rightful heirs or surviving spouse.

Tortious interference with an expectancy is a powerful but rarely used cause of action in Florida probate litigation. It applies when someone wrongfully prevents an expected inheritance through fraud, undue influence, concealment, or malicious conduct. This article explains the legal standard, when the claim applies, how it interacts with probate procedure, and what evidence Florida courts look for, helping beneficiaries protect their rights when someone manipulates or destroys a loved one’s testamentary intent.

A Broward-focused guide to undue influence in Florida will contests: the Carpenter factors, how §733.107 shifts the burden of proof, the three-month objection deadline after Notice of Administration, what evidence moves the needle (medical records, texts, lawyer files), and the remedies when a will—or part of it—is void for undue influence.

A practical Broward-focused explainer on Florida homestead inheritance. Covers constitutional limits on devises, §732.401 default descent, the spouse’s six-month one-half election, and the Rule 5.405 petition to determine protected homestead—plus local Broward practice pointers.