Blog: Probate
Florida Homestead Law: Your Florida homestead is your castle – or is it?
Florida Homestead Law Many of my ideas for blog posts come from the phone calls and emails I receive from potential clients about legal questions they have concerning their estate planning, Florida Homestead Law, Medicaid issues for their parents, probate concerns,...
Avoiding Probate – everyone’s doing it, or are they?
I’ve written about this topic previously (see my post from March, 2012 – Top 5 Reasons to Avoid Probate) but I feel it needs to be addressed more in-depth because I have many clients that come to me with the same questions. Avoiding Probate Most people tell me they...
Top 7 Elder Law, Senior Care Experts to Follow on Twitter
I thought it would be fun to create my own list of top Elder Law and Senior Care related twitter feeds that I enjoy following. These are people that I follow from around the country who are the top in their field of law or who have business that help the elderly. ...
Be prepared for things that could go wrong in Florida Probate
I often have clients that come to me to help them probate the estate of their loved one, and they tell me that everyone is in agreement with what needs to happen in the estate or that there are no creditors. I cringe every time because, in my mind, that will jinx the...
What do I do when my loved one dies?
One of the things I love about my practice is that my clients often give me hugs and say “thank you” because they know that I’ve helped them. One of the things I don’t love is when someone calls to tell me a client passed away. It is always a sad occasion and never...
Top 5 Reasons to Avoid Probate
Almost every time I meet with a client, they tell me that they are interested in avoiding probate. Many times, the client is unsure of what a probate actually is. Probate is a Court proceeding which occurs when someone dies having property (real estate, bank...
Can I avoid probate of my homestead without using a revocable trust?
I frequently have clients that come to me because they have been told that they need to put their house into a revocable living trust in order to avoid probate. Many times, this is the only major asset they own, and with the property values having plummeted in recent...
The Top 5 Reasons Planning Ahead Could Save Your Family and Your Wallet
I was reading a Forbes magazine article the other day entitled “Make a New Year’s Resolution to Give Your Estate Plan a Checkup” by Deborah L. Jacobs, and I was reminded about how much people dislike going to visit their estate planning attorney (I think we’re right...
Comparison between Florida & Ohio as it relates to estate planning, elder law
As an attorney with license to practice law in both Florida and Ohio, I find that many people I come in contact with either live in Florida and have family in Ohio or vice versa. If you or someone you know happens to fall into one of those categories, you may want to...
Pet Trusts: What happens to my pets if I die?
A study published in the Journal of the American Geriatrics Society in May of 1999 demonstrated that independently living seniors that have pets tend to have better physical health and mental well-being than those that don’t. They’re more active, cope better with...
“The September of My Years”
Before attaining 70 1/2, you should review all of your Florida estate planning documents along with those describing financial and retirement benefit planning. Because the age of 70 1/2 has been magically designated by the Congress of the United States and the...
“Will You Still Need Me, Will you Still Feed Me When I’m Sixty-Four?”
Whether you reached an age where you have adult children but may not yet be retired, or you have reached retirement age, this stage of financial and estate planning, by this point, you should have a thorough and proper review of your retirement planning. ...
Florida Probate Questions Answered: What about Homestead Property?
Florida Probate Florida law recently changed in October, 2010 with respect to how a homestead passes from the decedent to his or her surviving spouse and descendants. Under the old law, if the house was solely in the name of the decedent who was survived by a spouse,...
Florida Probate: What if there is no Will?
If a person dies without a Will (or if the Will is invalid), then the estate is “intestate”. This simply means that Florida law dictates the decedent’s heirs and who is entitled to administer the estate, i.e., be the personal representative/executor. If someone dies...
Florida Probate & Estate Planning: What is a Will?
A will in Florida is a writing, signed by the decedent and two witnesses, that meets the requirements of Florida law. Additionally, to save your estate costs at your death, the Will should have a “self-proving affidavit” where both the decedent and the witnesses sign...