In this article, you can discover… How to know when an aging parent might require a court-appointed guardian. Challenges and disputes that often arise in elderly guardianship cases. When to discuss your concerns with a guardianship attorney. When Might An Aging Parent In Florida Require A Court-Appointed Guardian? In many cases, a general power of attorney, a healthcare power of attorney, a living will, and a HIPAA release form will accomplish many of the things that guardianship does. Some aging parents are very, very slow to accept any kind of help, much less agree that they might require guardianship. In other cases, however, a parent may realize they are making serious mistakes and simply can’t pay bills or manage their bank account anymore. In such cases, they may step back and allow a spouse, their favorite child, or a niece or nephew to manage their finances or healthcare for them by naming them power of…Read More
In this article, you can discover… When probate is required by Florida law. How assets are identified and tallied during the probate process. Steps you can take to make the probate process smoother for your family. When Is Probate Required Under Florida Probate Law? Probate is required when you find assets of a decedent that have not passed automatically to some other party (such as to their spouse or their children) through beneficiary provisions. Probate will be needed to get control of that asset and determine who it will go to. Likewise, if you die and own something in your name, probate will be needed. While a trust avoids the probate process, it will still need to be administered by someone you trust, who can handle the finances, act on your wishes, and respect the terms of the trust. Trusts can be helpful for the especially wealthy, but I don’t recommend them for everyone. For…Read More
In this article, you can discover… How often you should review your estate plans after a major life challenge. How Florida’s homestead laws can impact asset division, even if you don’t have a will. The value of allowing an attorney to help you update your estate plans. How Often Should A Florida Will Be Reviewed Or Updated After Major Life Changes? You should update your estate plans whenever someone is born, passes away, gets married, or gets divorced, and at least every five years. It’s also important to update plans in light of changing laws, especially with regard to Florida’s homestead property exemption laws. For example, if a man remarries and brings his new wife into his home, if he dies without a will, even if she never legally owned the house, under Florida’s homestead laws, she has rights to that house once he passes away. He would not be able to put the house…Read More
In this article, you can discover… What it means to die intestate under Florida inheritance and probate law. How Florida Intestate succession impacts surviving spouses and children. When to reach out to an estate planning attorney to avoid intestate issues. What Does It Mean To Die Intestate Under Florida Inheritance And Probate Law? When you die intestate, that means you die without a will. When this happens in Florida, state law steps in and determines who will secure your assets. According to Florida’s intestate laws, your spouse is the first in line to act as your personal representative. The next in line will be your children, half-children, and step-children, and it’s not uncommon for conflicts to break out as a result of poor planning. The best way to avoid all of this is to have a will written up and have a plan in place. Even if your estate doesn’t have to be probated, it’s…Read More
