Recent Blog Posts
Identifying a Trustee Breach and Steps to Take
Trusts are a common tool in Florida estate planning because they allow individuals to manage and distribute assets according to specific instructions. When a trust is created, the person responsible for carrying out those instructions is known as the trustee. While most trustees fulfill their duties responsibly, disputes arise when beneficiaries believe the trustee… Read More »
Summary and Formal Administration Similarities (and How They’re Different)
Two primary probate processes, Summary Administration and Formal Administration, are available when a loved one passes away. While both serve the same fundamental purpose, transferring a decedent’s assets and resolving outstanding obligations, they differ significantly in procedure, timing, cost, and complexity. Ultimately, choosing depends on the size of the estate, the presence of creditors,… Read More »
Undue Influence Is Not Always Obvious
When one person exerts such control over another that it overcomes that individual’s free will, it may be undue influence. In the context of wills and trusts, this means the document reflects the wishes of the influencer rather than the person creating it. Importantly, Florida courts do not require direct evidence of coercion. Because… Read More »
Mediation When Family Emotions Run High
Estate planning and estate administration involves deeply personal decisions, family history, and financial interests. When disagreements arise among family members, emotions can quickly escalate, making it difficult to find a path forward. In Florida, mediation is often used as a practical and constructive tool to help families resolve disputes while avoiding prolonged courtroom battles…. Read More »
When a Guardian No Longer Feels Like the Right Fit
Choosing a guardian is an important decision. Whether the guardian is appointed for a minor child or an incapacitated adult, the expectation is that this individual will act in the best interests of the person in their care. At the time of selection, the choice often feels clear and appropriate, but circumstances can change…. Read More »
5 Ways to Avoid Probate and How to Move Forward
For many Florida families, probate is something they hope to avoid. This is because the process of administering a person’s estate through the court system can be time-consuming, public, and, in some cases, costly. Fortunately, with thoughtful estate planning, there are several effective strategies available to minimize or even bypass probate altogether. Probate in… Read More »
Can a Power of Attorney Change a Will in Florida?
Powers of attorney are powerful estate planning tools, but they are often misunderstood. One question Florida residents ask is whether someone acting under a power of attorney (POA) can change a will. Under Florida law, a POA does not give an agent the authority to create, amend, or revoke a person’s will. Bring your… Read More »
Stepchildren, Ex-Spouses, and Estate Claims
Blended families are increasingly common, but they can create significant complications when an estate plan is outdated or unclear. Stepchildren, former spouses, and current partners often have competing expectations, and without proper planning, Florida law (not personal intent) may determine who inherits. Discuss your goals with a Palm Harbor estate planning lawyer. A carefully… Read More »
Do-It-Yourself Wills, Ambiguous Language, and Disputes
Online templates and Do-It-Yourself (DIY) kits have made estate planning seem fast, inexpensive, and simple. While creating your own will may appear to be a convenient solution, these wills often come with hidden risks that can lead to costly legal battles, unintended outcomes, and stress. If you are considering a DIY will in Florida,… Read More »
How the Disposition Without Administration Process Works
It is common for families to assume they must go through a full probate process when a family member passes away. In Florida, however, not every estate requires formal court administration. One lesser-known but important option is called disposition without administration. When estate questions arise, lean on the expertise of a Palm Harbor estate… Read More »