The Florida Estate Planning Law Firm Blog

What is an Affidavit of Heirs in Florida Probate?

In Florida, when an individual dies without a will, the person is said to have died “intestate”. Under these circumstances, Florida’s intestacy laws govern who will inherit the deceased person’s property and other assets. Generally, under Florida’s intestacy laws, assets which are not distributed through a will are inherited to the decedent’s heirs. So how

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Objecting to Probate

While grieving the loss of a family member, close friend, or loved one, the last thing one wants to do is deal with the court system in order to distribute their assets. However, Florida law requires that a decedent’s estate go through probate so that their assets may be properly distributed. Unfortunately, in some cases

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Can an Irrevocable Trust be Modified Under Florida Law?

The short answer is, yes. –  An irrevocable trust is a trust agreement that is generally not subject to revocation or modification once the agreement has been executed and the trust is funded. There are exceptions that may allow you to change the terms of an irrevocable trust. In any trust there are three main

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Are a Person’s Remains Estate Property?

When someone passes away it is not uncommon for disputes to arise amongst family members over who will get what assets and how property will be distributed. Issues may also arise regarding what will happen to the deceased’s remains. Prior to 2016, Florida law was not well equipped to deal with such disputes. In 2014,

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What is the Difference between a Will and a Trust?

Wills and Trusts are two different ways you can assure that your estate is transferred according to your wishes upon your death. What is a Will? A will is a legal document that lays out how you want your assets to be handled and distributed after you die. A will is crucial to estate planning

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Alternatives to Guardianship

In Florida, guardianship gives the appointed guardian legal authority to make important decisions on behalf of an incapacitated person who is unable to make those decisions on their own. Generally, the guardian will be making decisions regarding money, handling property and healthcare. However, guardianship is a long and intrusive process. It requires much court intervention

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Guardianship In Florida

A guardianship is a legal process where an individual (the guardian) is given the authority to exercise the rights of an incapacitated person (ward). A guardian could be an entity such as a non-profit organization or in some cases an incapacitated person may have more than one guardian. Before being appointed as guardian over a

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