Estate planning includes the creation of wills and trusts, management of cases through probate court, elder law, and Medicaid planning including the avoidance of the Medicaid Estate Recovery Program.
In Florida, disinherited children may sue for financial damages through a claim of “tortious interference with an expectancy of inheritance” if they can prove a bad actor wrongfully blocked their expected inheritance. While probate court remedies must typically be exhausted first, direct civil lawsuits are permitted when probate cannot provide adequate relief, such as with…
Quick Read Summary (TLDR) Florida probate aw generally prohibits out-of-state individuals from serving as a personal representative of an estate unless they fall within specific, narrow family categories. While residents of Florida are eligible, close friends and business partners living outside the state are disqualified regardless of their capabilities or the decedent’s wishes. To avoid…
Quick Read Summary (TLDR) Florida’s five-year look-back period requires the state to review an applicant’s financial records from the previous 60 months, and any unauthorized asset transfers during this time can trigger a penalty period that delays Florida Medicaid coverage for long-term care. To qualify while protecting assets, families often utilize legal strategies such as…
Quick Read Summary (TLDR) Florida probate is a court-supervised process that verifies a will, gathers a deceased resident’s assets, settles debts, and transfers remaining property to rightful beneficiaries. The three main procedures are formal administration, summary administration for smaller or older estates, and disposition without administration for very small estates. The standard process involves appointing…
Quick Read Summary (TLDR) In Florida, a deceased parent’s new spouse has powerful rights, like the 30% Elective Share and Homestead protections, which can put the children’s intended inheritance at risk. The most reliable way to safeguard the inheritance is for the parent and spouse to sign a valid, witnessed prenuptial or postnuptial agreement that…
Quick Read Summary (TLDR) Contesting a will in Florida based on a dementia or Alzheimer’s diagnosis requires proving that the decedent lacked “testamentary capacity” at the exact moment the document was signed. While a medical diagnosis of dementia is influential, Florida law considers whether the individual understood their assets, their heirs, and the practical effect…
Quick Red Summary (TLDR) Call us at South Florida Law for legal advice by calling (954) 900-8885 or by reaching out via our contact form. A last will and testament is one of the most important documents a person can create. It records final wishes and directs how assets will pass to loved ones after…
Quick Read Summary (TLDR) In Florida, legal standing to contest a will is limited to “interested persons” who are reasonably expected to be affected by the probate proceedings. This broad category typically includes beneficiaries named in current or prior wills, creditors, and heirs-at-law such as spouses and children. While the definition is inclusive, individuals with…
Quick Read Summary (TLDR) Florida Snowbirds, who split time between Florida and high-tax states like New York and New Jersey, risk aggressive estate taxation unless they formally establish Florida as their legal domicile. Domicile, not just residency, is the critical factor for state estate tax purposes, and northern tax authorities use numerous objective and subjective…
Quick Read Summary (TLDR) A Lady Bird Deed is an affordable, straightforward estate planning tool in Florida that transfers a single property to beneficiaries outside of probate while the owner retains full control and homestead benefits during life. However, its significant limitations include covering only one asset, forcing outright distribution upon death without creditor protection…
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