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.
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…
Quick Read Summary (TLDR) Estate planning in Florida is complex for married couples where one spouse is not a U.S. citizen because the unlimited marital deduction is unavailable, potentially leading to immediate federal estate tax liabilities on U.S. assets exceeding the small non-resident exemption. The Qualified Domestic Trust (QDOT) is a critical planning tool authorized…
Quick Read Summary (TLDR) A Florida Community Property Trust (CPT), enacted in 2021, allows married couples to designate jointly held assets as community property, which offers a major federal tax benefit. This benefit is the “double step-up” in basis, which resets the cost basis of the entire asset (both spouses’ halves) to its fair market…
Quick Read Summary (TLDR) The Florida probate process, while necessary to settle an estate, can be confusing, so families should be aware of five key principles before starting. Crucially, the original will must be filed promptly, and families must prepare for a lengthy process, as even straightforward estates take six to twelve months. Before heirs…
Quick Read Summary (TLDR) Florida’s constitutional homestead creditor protection shields a primary residence from most creditors, a valuable exemption that can continue after the homeowner’s death. Maintaining this creditor shield depends on the property passing to a “qualifying heir,” who is defined by reference to Florida’s intestacy statutes (F.S. 732.103). The landmark Snyder v. Davis…
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