During an estate planning consultation I ran into a situation I’ve seen many times over the years—one that I suspect happens far more often than people realize. Because so many families face the same dilemma, I wanted to break it down in a way that can help others who are weighing similar choices in their estate planning. Meet “Bob” and His Two Estate Planning Goals For privacy reasons, we’ll call today’s client “Bob.” Bob came in with two very common goals: Keep costs as low

One of the questions we're asked almost every week by new clients is: “Do I really need a living trust, or is it fine to just put my kids (or whoever) as beneficiaries/POD on my bank and retirement accounts?” It sounds like a simple shortcut. After all, both methods avoid probate. But in practice, relying only on beneficiary designations (also called TOD for stocks or POD for bank accounts) is one of the most common and costly estate-planning mistakes I see. Here’s the plain-

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

Only One Spouse on the Deed But Both on the Mortgage in Florida – Here’s What Actually Happens I get this question every single week: “We bought the house before we got married. Both of us are on the mortgage, but only one name is on the deed. If something happens to my spouse, do I automatically get the house?” The short answer: No — you do NOT automatically get the house. In Florida, ownership is decided 100% by the deed. The mortgage means nothing when it comes to who leg

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

In estate planning, it's common to wonder about conflicting instructions for your assets, especially real estate like your home. What if you initially set up a house as payable on death to one person, but later decide to place the same house into a trust for someone else? This scenario raises important questions about which designation rules. Let's break it down step by step based on how deeds work. Understanding Transfer on Death Deeds A transfer on death deed (often called

In the world of estate planning, Lady Bird deeds have become a popular tool for Florida homeowners looking to pass on their property smoothly without the headaches of probate. But a common question arises: When you change your deed to a Lady Bird deed , do you have to pay fees like documentary stamp taxes (doc stamps) or county recording fees? If you're in Florida and considering this option, you're in the right place. This guide breaks it down step by step, based on expert i

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

If you're a joint tenant with rights of survivorship on a property with your parent, and they're receiving government benefits like SSDI or Medicaid, you might worry about what happens to the house after they pass away. A common question is: Can the government come after the house? In this post, we'll break down the key differences between SSI and SSDI, explain why Social Security typically isn't a concern for property liens, and dive into how Medicaid recovery works—especial

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

A common question about Lady Bird Deeds  (also known as Enhanced Life Estate Deeds) is when they should be recorded. Below, we explain...

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

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...

When planning your estate, you may wonder whether a Lady Bird deed  or a living trust  is the better option for transferring your assets,...

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.