FLorida Estate and Trust Blog

This article explains when a Florida court will remove a personal representative, who can request it, the legal grounds under §733.504, the step-by-step process under Probate Rule 5.440, and how statutory preference (§733.301) affects the successor appointment. It also addresses conflicts of interest, failure to account, and fraud on the court as practical removal scenarios.

This article explains how text messages, emails, and medical records serve as evidence in Florida will contests, emphasizing their role in proving undue influence or lack of capacity.

This article explains how to compel disclosure of cryptocurrency and digital assets in Florida probate, focusing on Broward County procedures and legal remedies for uncovering hidden holdings.

This article explains how elective share litigation in Florida arises between surviving spouses and adult children. It covers key issues such as asset valuation, trusts, and undue influence, emphasizing the importance of a Florida probate litigation attorney.

This article explains that no-contest clauses in wills and trusts are void under Florida law. It outlines why these clauses are unenforceable, the legal grounds for challenging a will, and how a Florida probate attorney can help.

This article explains when and how multiple guardians can be appointed in Florida. It covers co-guardianship requirements, benefits, and potential challenges, while emphasizing the importance of guidance from a Florida guardianship attorney.

This article explains the key differences between a power of attorney and guardianship in Florida, including when each applies and how a Florida guardianship attorney can help families make the right choice.

This Halloween-themed blog highlights the scariest estate planning mistakes in Florida, from invalid wills to never-ending probate, and explains how to avoid them with the help of a Florida probate attorney.

This article compares probate administration vs. trust administration in Florida, explaining their key differences, timelines, and costs. It highlights why trust administration often provides a faster, private, and more efficient alternative to probate.

This article explains how to contest a will in Florida, including the legal grounds, who can file, deadlines, and the steps involved. It highlights the importance of hiring a Florida probate attorney to guide you through probate litigation.

When someone passes away, families often need to know how to transfer motor vehicle Florida after death. This guide explains probate rules, exemptions, title transfer requirements, and whether you need court approval.

When a Florida homeowner passes away, questions often arise about whether the Florida homestead property must go through probate. This article explains how homestead is treated under Florida law, what protections apply, and how probate attorneys guide families through the process.

Many people wonder if they can use a power of attorney after death in Florida. The answer is no—a power of attorney becomes invalid once the person passes away. This article explains why, what happens next, and how probate or estate planning takes over after death.

Many families ask about the Florida death tax. The good news: Florida does not impose a state death tax, inheritance tax, or estate tax. This article explains what that means, how federal estate taxes apply, and why probate planning is still important in Florida.

Many Florida seniors ask, “What is a qualified income trust?” Also called a Miller Trust, it allows applicants with income above Medicaid’s limit to still qualify for long-term care benefits. This article explains how qualified income trusts work, why they are essential for Medicaid planning in Florida, and how a Davie Medicaid attorney can help.

Many families wonder: can Medicaid take your house in Florida? While Medicaid cannot seize your home during your lifetime, the state may file claims against your estate after death. This article explains Medicaid estate recovery, Florida homestead protections, and how a Miami Lakes Medicaid attorney can help safeguard your home.

A codicil is a legal document that amends a will without replacing it completely. This article answers the question “what is a codicil,” explains when to use one, outlines Florida’s legal requirements, and shows why consulting a Weston estate planning attorney is essential.

In Florida, wills do not have to be notarized to be valid, but notarization provides important benefits. This article explains the requirements for a valid will, the role of witnesses, how self-proving affidavits work, and why consulting a Miramar estate planning attorney can give you peace of mind.

Contesting a last will is a serious legal matter. In Florida, wills can only be challenged on specific grounds, such as undue influence, lack of capacity, or improper execution. This article explains the process of contesting a will, common legal grounds, and why working with a probate attorney is essential.

Probate is the legal process that oversees the distribution of a deceased person’s estate. This article provides a clear definition of probate, explains why it’s necessary, and outlines how the process works in Florida.

In Florida, the executor of estate (legally called a personal representative) is responsible for managing the estate during probate. This article explains the duties, qualifications, rights, and challenges faced by executors in Florida probate cases.

Many Florida residents ask, “Do I need a trust to avoid probate?” While a trust is one of the most effective probate avoidance tools, it isn’t the only option. This article explains how trusts work, when they’re needed, and other strategies for keeping assets out of probate.

The cost of probate in Florida varies depending on the estate’s value, complexity, and whether disputes arise. This article explains typical probate expenses, from court filing fees to attorney and personal representative fees, so families can better plan for the process.

The Florida small estate affidavit offers a simplified way to transfer assets when a loved one dies without a large estate. This article explains who qualifies, how the process works, and why families often use this probate shortcut.

Florida law allows personal representatives—also known as executors—to receive compensation for administering an estate. This article explains how Florida personal representative fees are determined, statutory guidelines, factors that can affect fees, and what families should know about probate costs.