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Category Archives: Florida Laws

Florida Homestead

Homestead property in Florida enjoys protection against creditor claims and receives preferential property tax treatment.  Florida homestead is also burdened with restrictions as to when and how it can be transferred, both during life and at death. Here is a brief summary of some of the benefits and burdens. Benefit: Protection Against Creditors The Florida Constitution provides protections for homestead property in Florida, but
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What is Probate and Why do I Want to Avoid It?

Many times, clients come into my office stating that they need to have Last Will and Testaments done and at the same time, they tell me they want to avoid probate of their estate after they die.  These clients are usually very adamant that they do not want the government to get their assets, they do not want their families to pay attorney’s fees,
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What is the Florida Elective Share Law?

What is the Florida Elective Share Law?  In the past, husbands were the financial providers for the family while women stayed home to care for the house and the children.  If a husband passed away having executed a will that disinherited his spouse, the surviving spouse and children could be left destitute.  To address potential concerns relating to the impoverishment of a disinherited surviving
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When an Autistic Child Turns 18

Many parents of special needs children, including those with Autism, are shocked to find out, when their child turns 18, that they do not have the authority to act on their behalf anymore.  Although many school districts are getting better at educating parents, it can still come as a surprise that the parent does not have the right to participate in their autistic child’s
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How Do I Leave My House to My Kids and Avoid Probate?

At least once a month, I take a phone call from someone wanting to know if they should put their child (or other family member) on the deed to their home.  Usually, it is because they want to make sure the house does not go through probate.  Click here to read about what probate is and click here to read about how to avoid probate. 
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Who Needs a Lawyer When You Can Use DIY Legal Forms?

I like to write about topics that I feel are of interest to the public and potential clients.  I like to educate people.  And I find myself writing about this topic over and over again, because I see so many people using do-it-yourself DIY legal forms to prepare their estate planning documents.  And over and over, I see that they are doing them wrong,
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Child Turning 18 – What Are Parents Rights?

In this video blog (Vlog), Board Certified Elder Law Attorney Laurie Ohall explains what every parent should know about parents rights. Do you have a child that will be going to college and/or has turned eighteen?  If so, you need to remember that, once your child turns 18, you as a parent, no longer have rights to make decisions for them.  You do not
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If My Spouse goes into a Nursing Home, will I lose Everything?

I often hear people say that a friend (or neighbor, or church member, etc.) told them the nursing home will take their house, or they will have to assign all their assets to the nursing home if their spouse has to go into one.  With social media being what it is, I often see people post questions on community Facebook pages about their loved
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Veteran Benefits What You Need To Know

Are you a veteran and wondering about your veteran benefits? I meet with veterans every day who have served only a couple of years and think that the length of service they served was not long enough to to earn them any “perks” through the V.A. They are quite surprised when I tell them that, because they served for at least 90 days, one day
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Enhanced Life Estate Deed

The enhanced life estate deed allows you to reserve a life estate in your property, and you give the remainder interest to a beneficiary (could be your children or any adult person) but they do not receive the interest until you die. This is not a “typical” life estate deed, however, because the deed has language that states you are retaining the right to
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