When planning your estate, most people assume their Last Will and Testament is the ultimate authority on who inherits their assets. You might believe that if you write in your Will that your assets should be split evenly among your children, that is exactly what will happen. However, there is a specific legal designation that outweighs your Will. If you do not understand the hierarchy of estate planning assets, your written instructions could end up being useless. Does a Wil

One of the most common questions Florida estate planning attorneys receive involves the transfer of family property. Specifically, when a parent (the grantor) passes away and leaves their home to a child through a revocable trust, what happens to the property taxes? Does the child get to keep the parent's original homestead exemption rate? If not, how does the beneficiary handle the new tax situation? This guide breaks down exactly how the Florida homestead exemption works w

Short Answer:  Yes. In Florida, a property owner can sign a deed and add you as a co-owner or beneficiary without your knowledge or signature. However, for the transfer to be legally binding, you must "accept" it. If you have recently discovered you were placed on a deed without your permission, or you are worried about unwanted property liability, this guide explains how Florida law handles these transfers and what steps you must take to protect yourself. How Is It Possible

If you are looking to pursue a probate in Florida, you likely have questions about where to start and what documents are legally required. Whether you are facing a Formal Probate  or a Summary Probate , gathering the right information upfront is crucial to avoiding delays. This guide breaks down exactly what is needed to open an estate in Florida, from necessary documents to identifying heirs. 1. Determine Which Type of Probate You Need Before gathering documents, it helps to

Probate is the legal process of transferring assets from a deceased person (known as the decedent) to their beneficiaries or heirs after death. It involves identifying all assets in the estate, collecting information on creditors and claims, paying debts, and distributing what's left. This process is often lengthy, expensive, and stressful for loved ones. Beneficiaries vs. Heirs: Key Differences Understanding who inherits your assets is crucial for effective planning: Benefic

You’ve worked your entire life for your home. You don’t want your kids fighting in probate court. So you think: “I’ll just put the deed in my favorite child’s name now and write in my will that when they sell it, they have to split the proceeds with their siblings.” Stop right there. That plan will almost certainly fail – and your family could lose everything you intended for them. Here’s the harsh truth most people discover too late: A deed beats a will – every single time.

Have you ever played a card game where you thought you had the winning hand… until someone slams down a trump card and takes the entire pot? That’s exactly what happens in estate planning more often than you realize — and most people never see it coming. In estate planning , a “trump card”  is any designation on an asset that automatically overrides everything else you’ve written in your will or trust. No matter how carefully you drafted your will, no matter how many hours yo

In Florida, many people use quitclaim deeds as a simple way to transfer property ownership, especially when planning for the future. A common scenario involves adding family members to the deed to ensure the property passes smoothly without probate. For example, imagine a situation where a mother adds her 34-year-old grandson and 24-year-old granddaughter to her quitclaim deed with survivorship, listing her name first. The big question: Will the property go straight to them w

When a loved one passes away, one of the first questions families ask is what happens to the money left in their bank accounts — especially if the person wasn’t married and didn’t have a will. Let’s walk through a real-world scenario that illustrates how Florida law handles this situation and how to make sure your loved one’s money ends up where it should. The Situation: A Gift, a Bank Account, and an Unmarried Partner A mother gifted each of her children $13,000 . One of her

Income Limits in Florida Medicaid For a single individual in Florida, the gross monthly income limit to qualify for Long Term Care...

If you're a property owner with multiple real estate assets, like an individual with 26 properties considering a living trust, you may be...

Receiving a workman's compensation lump sum can raise concerns about maintaining Medicaid eligibility. Many people worry that this...

Estate planning is a crucial step for protecting your assets and ensuring your wishes are carried out smoothly. But one of the most...

If you're navigating estate planning in Florida, you've likely come across terms like "Lady Bird deed" and "homestead exemption." These...

Discover how a revocable living trust in Florida can help your beneficiary avoid capital gains tax with a step-up in basis and bypass probate. Learn the benefits today!

When planning your estate in Florida, a lady bird deed  can be a powerful tool to ensure your property passes smoothly to your loved ones...

When it comes to owning real estate in Florida, understanding the different types of property deeds is crucial to ensure your ownership aligns with your goals. One commonly used option is the Joint Tenancy with Right of Survivorship (JTWROS)  deed. This blog post explains how this type of deed works, its benefits, and important considerations for property owners in Florida. Whether you're purchasing property or planning your estate , this guide will help you make informed dec

When it comes to estate planning, one common question is whether you still need a Lady Bird deed if you already have a trust in place. The answer depends on your goals, the type of assets you own, and where you live.

When planning your estate, understanding the tools available to transfer property to your heirs is crucial. A common question is how a warranty deed differs from a Lady Bird deed and whether a warranty deed can help avoid probate, especially when a will specifies different beneficiaries. In this article, we’ll clarify the differences between these deeds, their impact on inheritance, and how they interact with probate in Florida.

Owning condos in Florida as a married couple? Learn how to title your properties for homestead benefits, probate avoidance, and liability protection. From adding a spouse to a deed to using LLCs for rentals like Airbnbs, discover expert strategies to secure your assets. Consult our Florida attorneys to navigate taxes, HOAs, and estate planning today!