Life Planning for Florida Baby Boomers: Active Floridians Over 50 Need to Plan for End of Life Now

| January 5, 2012

Last month, we posted about the reality that most folks do not have life plans in place – and this is a bad decision for them and their loved ones.  No one wants to think about a health crisis, or death, or being incapacitated for a time, but the truth is that these things happen […]

Year End Planning: It’s Important for Florida Baby Boomers to Have End of Life Documents That Are Valid Under Florida Law (New Poll Shows 70% Americans Do Not Have This Done)

| December 6, 2011

It’s that time of year again, when travel plans are made and gifts are bought … and for those handling the family finances, there are those end of the year planning considerations: things like finalizing charitable donations to be made for the 2011 taxable year. Unfortunately, as a recent poll confirmed what many Florida probate lawyers […]

Writing Your Florida Last Will and Testament? 5 Things to Consider Before Using Online Will Services (Like RocketLawyer or LegalZoom) or Store-bought Will Forms

| October 13, 2011

Last Update: 02/10/16 It is true that Florida probate lawyers compete with online will services and companies that publish generic forms for Last Wills and Testaments.  Some of those who will be reading this article will respond with a knee-jerk reaction that any warnings from a Florida probate attorney are biased and self-serving.  However, that’s […]

Major Changes to Florida Laws Mean More Florida Probate Lawsuits Will Be Filed – You May Need to Review Your Will Documents Now.

| September 13, 2011

The Florida Legislature has been very active this past year in passing all sorts of major changes to existing Florida probate laws. The law makers have been doing this in several areas; however, one area of major change that is going to impact almost every Floridian involves the recent law changes involving wills and inheritance […]

What Is Undue Influence in Florida?

| January 13, 2010

In South Florida, especially, the law is particularly sensitive to the many distinct abuses that may be perpetrated against the elderly, including physical mistreatment, neglect and undue influence. To be sure, undue influence is much harder to spot than physical mistreatment and neglect, and is even harder to prove in a court of law. The […]

Explanation of Creditors’ Claims under Florida Probate Law

| January 4, 2010

If you are appointed a Florida Personal Representative to administer a deceased person’s estate, you may have to deal with creditors’ claims against the estate, which can be tricky. Your Florida probate attorney will know exactly how to handle a claim, including whether or not to object to a claim, when to pay a claim, […]

Who is Liable for The Mortgage Deficiency? Heirs or the Estate?

| December 3, 2009

A client contacted me the other day with a very interesting situation. His father was a citizen of Canada and maintained a winter home in South Florida. His father had named him on the deed to the property so that it would pass to him upon his father’s death. And while this kind gesture might […]

Florida Probate – What Happens When the Original Will is Lost or Cannot Be Located

| November 19, 2009

If a Testator was last seen in possession of his Will and, after his death, the Will cannot be found, Florida law presumes that the Testator destroyed it during his lifetime and thus “revoked” it. A proponent of the Florida Will, likely a beneficiary, may rebut this presumption by establishing that the Will was destroyed […]

Creditors’ Claims in a Florida Probate

| October 2, 2009

As a Broward County probate attorney, I represent personal representatives (PRs) in the managing of their recently deceased loved ones’ (decedents) estates. My clients often approach me with concerns about bills/ notices they periodically receive for the decedents’ unpaid debts, such as hospital expenses, credit card balances, utility costs, etc. If you’re facing a similar […]

Broward County Probate and Florida Real Estate Law – Should Your Lawyer Know BOTH?

| September 3, 2009

Hiring one attorney is tough enough, financially and otherwise, but hiring two attorneys, a Broward County Probate attorney and a Real Estate Lawyer, for a single matter – that’s downright painful! And yet, I am often contacted by clients whose attorneys have opened probate on their behalf, but have advised them to consult a separate […]