Florida Medicaid can recover certain costs from a deceased recipient’s estate, but the rules are narrower than many people think. This article explains what the state can take, what it cannot take, how estate recovery works, and how proper estate planning—especially for surviving spouses—can prevent disputes, fraud, and unnecessary loss of family assets.
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.
Florida does not recognize Transfer-on-Death (TOD) deeds for real estate. Instead, the state relies on the Lady Bird Deed, also known as an Enhanced Life Estate Deed, a powerful, probate-avoiding tool used in Florida estate planning. This article explains why traditional TOD deeds are not allowed in Florida, how Lady Bird Deeds work, their unique history, the absence of statutory authority, and why they remain widely accepted through title underwriting practice.
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.
Florida law requires personal representatives (executors) to follow strict accounting and reporting rules. Beneficiaries have powerful rights to demand transparency, and courts can compel an executor to provide a formal accounting if they delay, refuse, or hide financial information. This article explains your rights, the legal statutes involved, and how a probate litigation attorney can help enforce accountability.
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 Florida probate attorney’s guide to creditor claims: the 3-month/30-day filing windows after Notice to Creditors, the 2-year nonclaim statute, who may object and when, what happens after an objection (30-day independent action), and when extensions are possible (fraud, estoppel, insufficient notice)—with practical tips for PRs and beneficiaries.
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.
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.
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