The Short Answer Yes, a valid deed generally trumps a will.  If a property deed is legally transferred to a new owner ("Person A") before the original owner dies, that property is no longer part of the deceased’s estate. Therefore, the Last Will and Testament has no legal authority over it. Even if the will states that Person A must share the proceeds with others upon selling, they are under no legal obligation to do so if they are the sole owner listed on the deed. The "Have

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

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

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.

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

Estate planning can feel overwhelming, but understanding key documents like a pour-over will  is essential—especially if you have a revocable living trust. You might think a pour-over will automatically avoids probate for all your assets. Think again. Let’s clear up the confusion once and for all. What Is a Pour-Over Will? A pour-over will  is a special type of last will and testament used alongside a revocable trust  (also called a living trust). Your standard last will and

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

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...

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.

Estate Planning can be a complex process, especially for business owners aiming to protect their assets while minimizing costs. A common...

When planning your estate, you may question what happens if you deed property to Person A before death, but your will instructs Person A to split sale proceeds with Persons B and C.

If you’re an American wondering, “Can I leave my property or money to someone living in another country, like the Philippines, in my will?” the answer is straightforward...