Inheriting a home from a parent is a significant life event, but it often comes with complex questions—especially if the property is in a revocable trust and has an existing mortgage. If you are a beneficiary ready to make the home your primary residence, you might be asking: Can I just keep paying the mortgage? Do I have to refinance? This guide breaks down exactly how the situation works under Florida law and federal statutes based on expert insights. 1. How the Transfer of

If you are looking to pursue a probate in Florida, you likely have questions about where to start. Whether you are dealing with a small estate or a complex inheritance, understanding the specific requirements is critical to moving forward. We frequently receive calls from individuals ready to bring a probate action but who lack the necessary documentation. This guide breaks down exactly what is needed to bring a probate proceeding in Florida, determining which type of probat

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

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

Many Florida families worry about Medicaid eligibility  when a loved one has significant savings in the bank. The good news is that excess assets do not have to be fully spent on nursing home care. With proper planning, you can often qualify for benefits while preserving money for family. Lady bird Deeds and Home Protection A lady bird deed  (also known as an enhanced life estate deed ) is a smart way to protect your home. It allows the property to pass directly to your chose

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

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.

As of January 2025, the Medicaid gross monthly income limit increased from $2,829 (2024) to $2,991 . Yes – it went from $2,829 to $2,991. It’s a small increase (typical every year to account for inflation), but it’s an increase, and that extra $162 per month now lets some people qualify automatically who were previously $50–$100 over the old limit. The 2025 Medicaid Numbers You Need to Know Gross Monthly Income Limit: $2,991 Asset Limit: $2,000  (unchanged) – you must be able

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

If you're a Florida resident on Medicaid  with a paid-off house , you might worry about losing it to estate recovery after you pass. The good news? You can still get a Lady Bird deed —and you absolutely should. This simple tool keeps your home out of probate, avoids Medicaid claims, and passes it directly to your heirs. In this guide, we'll break down how Lady Bird deeds work for Medicaid recipients, Florida's generous homestead exemptions, and why skipping probate saves you

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

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, 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

When planning for long-term care, many people worry about protecting their assets, especially their home, from Medicaid recovery. If...

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

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