Are you looking to open a probate proceeding in Florida but aren't sure where to begin? We frequently receive calls from individuals unsure if they need a formal probate, a summary probate, or what documents are actually required to get started. This guide clarifies the specific requirements for bringing a probate action in Florida, breaking down the differences in proceedings, asset exemptions, and the critical documentation you need. 1. Formal Probate vs. Summary Probate: W

Quick Summary:   Many Florida residents assume listing a "Transfer on Death" (TOD) or "Payable on Death" (POD) beneficiary protects their accounts from probate. However, if your financial institution merges or transfers your account to a new company, the original beneficiary paperwork can get lost. Without written confirmation from the new institution, your heirs may be forced into probate even if your monthly statements list them as beneficiaries. We are noticing an alarming

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

A caller recently asked us this exact question: “My brother is sick. Mom just gave each of us kids $113,000. He’s not married but has a girlfriend he’s been with for over 12 years. She has no money. If he passes, does she get the money in his bank account?” Here is the exact answer based only on what we explained in that call: While Your Brother Is Still Alive If the bank account is in his name only , the girlfriend has no access  at all. She can only get money if he personal

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

If you co-own a home or land in Florida and you’re worried about whether the other person can secretly create a new deed that takes you off the title without your knowledge or consent , you’re not alone. This is one of the most common estate questions Florida property owners ask. Short answer:  It depends entirely on how  you and the other person hold title on the deed. In many cases — especially if the deed is silent or says “tenants in common” — the other owner can  transfe

Many people call our office interested in pursuing probate in Florida , whether formal or summary. This guide explains the key requirements and documents needed to start the process, based on common questions we receive. Formal vs. Summary Probate in Florida Florida uses two main types of probate: Formal Probate : Required when assets subject to creditor claims exceed $75,000 or the decedent passed away less than 2 years ago. This process takes longer. Summary Probate : Avail

In Florida estate planning, one common question stands out: Why not just put real property in a trust to avoid probate?  While a revocable living trust is often the gold standard for transferring assets seamlessly, it isn’t always the most practical or cost-effective choice. Sometimes, adding heirs to a deed with rights of survivorship—or using a Lady bird deed —makes more sense depending on your financial situation, family dynamics, and long-term tax goals. This guide breaks

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