Fort Lauderdale Estate Planning Blog
Clear, Florida-focused guidance to help you understand estate planning, probate, and elder law—before decisions become urgent.
Avoiding Common Mistakes That Can Weaken Your Will
Creating a will is a key part of estate planning, but many people unintentionally leave gaps that can create confusion later. When important details are overlooked, your loved ones may face...
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Estate Planning Checklist: Essential Steps for Peace of Mind
Estate planning is often placed on the "later" list, but it plays a crucial role in protecting your wishes and easing future stress for your loved ones. With a clear, organized approach, you can...
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Mid‑Year Estate Planning Review Guide
This mid‑year check‑in offers a clear opportunity to revisit your estate plan and confirm it still reflects your goals. Life changes, financial shifts, and evolving priorities can all influence...
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Gifting and estate plans: Tax implications in Florida
Many people in Fort Lauderdale, Florida choose to give financial gifts to family members during their lifetime rather than through their estate. While gifting can be a smart planning tool, large...
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What new parents need to know about estate planning
Becoming a parent changes how you think about the future. Suddenly, you worry about decisions regarding money and child care and everything feels more urgent. Without a clear plan, the state may...
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What is the probate process like in Florida?
Losing a loved one is difficult enough without the added stress of unfamiliar legal proceedings. If you have recently experienced a loss, you might be wondering what happens next.Understanding...
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Understanding Florida’s probate process: How does it work?
Mourning the recent passing of a family member is never easy. Aside from your personal grief, you must also make it through the legal process of probate. While this step can be emotionally...
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Adulting 101: Why young adults need an advance directive
Turning 18 and entering adulthood marks a new chapter in your life. It’s a thrilling time, full of new freedoms, experiences and the exciting prospect of shaping your own future. But with great...
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After a death in the family: Legal steps you should take
Losing a loved one is never easy. On top of the emotional toll, you also need to handle the legal and financial matters tied to their estate. This guide covers the key steps to take after a death,...
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Gifting and your estate plan
Before you gift any portion of your estate to your heirs and beneficiaries, it is important to know the tax implications of gifting. With some careful strategy and planning, you can potentially...
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Common mistakes when planning for long – term care
A lot of people make the mistake of thinking that estate planning is only about the distribution of assets to their loved ones. While you’ll certainly have to think through how you want the money...
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Four first steps in creating your estate plan
Estate planning can feel like just another item to put on your already lengthy to-do list. This can make it difficult to get to, especially considering the fact that it requires some legal...
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Steer clear of these probate-related mistakes
If you’re the executor of an estate, then you have a lot of responsibilities on your plate. And if you don’t carry out your duties like you’re supposed to, then beneficiaries could miss out on...
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How an elective share can protect a spouse from disinheritance
In Florida, disputes over a person’s property after they have died are unfortunately common. The objective of probate is to “prove” the person’s will and make sure their assets are distributed as...
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Four steps to take to effectively modify your estate plan
You might breathe a sigh of relief when your initial estate plan is completed, as you’re left feeling like you’ve crossed a big to-do off your list. And creating that initial estate plan is...
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4 ways to reduce family conflict related to your estate plan
An improperly developed estate plan can put your assets and your own wellbeing in jeopardy. But it also increases the risk that your family members will become embroiled in conflict that threatens...
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3 reasons why you need an estate plan as a new parent
As a new parent, you have a lot on your plate. Figuring out your family’s new routines, ensuring that your child has plenty to eat and gets plenty of rest, and ensuring that your taking care of...
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How can you estate plan for your grandchildren’s benefit?
The estate planning process can give a lot of joy since it gives you the ability to leave assets to your loved ones, helping them build the lives that you want for them. In some instances, you can...
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Top reasons why people avoid estate planning
Many people think their estate plans need nothing more than a simple will, and that they can throw that together in minutes when the time comes. But the estate planning process can be more involved...
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Why even college students need an estate plan
If you or your child are in college, then estate planning probably isn’t top of mind. But it’s an important process that shouldn’t be overlooked, even when you’re younger. It only takes a split...
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What you need to do with your estate plan during divorce
Getting divorced is tough. It can be hard to separate your life from the one you’ve built with your spouse, and figuring out how to divide marital assets can be challenging. While you’re caught up...
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Know the risks of not having a health care advance directive
Many Floridians who are concerned about what might happen to them if they are incapacitated will have a health care advance directive as part of their estate plan. This is a document that...
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The right personal representative is key to estate planning
When creating an estate plan in Florida, most people decide to write a will. This is the easiest solution for many as they do not want to move forward with the complexities inherent with trusts and...
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Avoiding probate: why and what to do instead
Probate and estate planning may not seem like the most exciting topics to discuss. However, what if I told you that by avoiding one and choosing another, you could save yourself and your loved ones...
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Designating a guardian for your child
When you become a parent, it can feel like a tornado just passed through your life and everything changed. It’s true—becoming a parent changes everything.After you bring your baby home from the...
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When should you modify your estate plan?
Getting your estate plan set up was a wise and responsible choice. Your estate plan gives you the peace of mind you need knowing that your loved ones will be protected if you pass away.One common...
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How to estate plan to shield assets from creditors
When you engage in the estate planning process, your hope is to pass down as much wealth as possible to your loved ones. Your ability to achieve that goal can be jeopardized by your creditors,...
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Estate planning tools that could reduce your estate taxes
If you have significant assets, you might be worried about how estate taxes will eat into your legacy and your loved ones’ inheritances. Fortunately, the federal estate tax doesn’t kick in until...
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How can you use estate planning to avoid probate?
If you intend to leave assets to your loved ones, then you probably want a smooth transition of wealth so that your named heirs and beneficiaries can enjoy those assets as soon as possible....
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What basics do you need in an estate plan?
You don’t want to be like most people and make the mistake of thinking that you don’t need an estate plan. If you do, then your assets could end up subject to the powers of the state, meaning that...
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Top reasons to plan your estate as a young adult
A lot of people make the mistake of thinking that estate planning is reserved for the elderly. The truth is that if you wait until you’re older to create your estate plan, then you’ve waited too...
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How can you talk to your parents about estate planning?
A lot of people make the mistake of putting off estate planning until it’s too late. They don’t see the need for the process when they’re healthy, and when they fall ill they may not have the...
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Helping a loved one with Alzheimer’s engage in estate planning
Alzheimer’s disease is a terrible condition that can slowly lead to dementia and other health-related issues. As a result, those who suffer from the disease often exhibit extreme memory loss as...
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Steps to take following a tragic loss
The loss of a loved one – whether expected or unexpected – can be a devasting time for grieving family members. In addition to the emotional toll it takes on loved ones, specific legal steps must...
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What are the obligations to creditors of estates in probate?
People in Florida keep living their lives up until they pass away. This means that they will continue to make purchases, own and use property, use bank accounts, have retirement and investment...
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How to amend or revoke a will in Florida
We’re human, and as such, we will change our minds from time to time. These can be small changes of decisions, such as deciding to go with the soup rather than the salad at dinner. Or they can be a...
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Is there a time limit to contest a will?
When a loved one passes away, it is rarely a happy time. And, for most, they pass away without an estate plan. However, for those that do pass with a will, you may find that their will does not say...
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Help in picking the right trustee
When you finally take the step to finishing up your estate plan, you likely will have at least one trust as part of it. And, while you will likely task someone within your friend or family circle...
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What should I know about the personal representative’s role?
Floridians who are preparing for the future by having an estate plan should know that it goes beyond simply writing a will. There are other key aspects of the process that must not be ignored. A...
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How you can restrict estate access to ensure longevity
You’ve worked hard to accumulate your wealth and set your loved ones up for success. As a result, you may want to ensure that you create an estate plan that effectively protects that wealth and...
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What happens to your social media after death?
They say nothing is guaranteed except for death and taxes, but what about social media? Does that last forever too? What happens to your social media after death? And, if they do last after we die,...
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Selecting the right person to serve as my personal representative
When you die, your estate will likely need to go through Florida’s probate process. This is the process in which your estate is administered, and your assets are passed on to your heirs. Your...
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Federal estate tax can hit unwary wealthy Floridians
Wealthy Floridians will want to pay attention to an important component of estate planning: the estate tax.While the estate tax does not affect everyone, those of greater wealth could find the...
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Do all estate plans include an incapacity plan?
Have you finished your estate plan? Yes? Congratulations! Does it include an incapacity plan? No? Well, then you do not have a full estate plan.According to a recent Caring.com survey, only about a...
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Watch out for these common estate planning mistakes
One of your goals for the new year may be to set up an estate plan. This is a wise and responsible decision.Having a solid estate plan in place, whether through a will, trust, power of attorney or...
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The will is a central document in estate planning
A good estate plan is made up of several documents, and the will is just one of them. However, it plays a particularly important role in many people’s plans. Everyone who is starting the estate...
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Why should “power of attorney” documents be in your estate plan?
The wide variety of options available to Florida residents when it comes to estate planning can make the task seem daunting. However, the reality is that a comprehensive estate plan can be crucial...
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How do I plan my estate in Florida?
When it comes to estate planning, the core laws across the United States are similar, although there are some subtle differences from state to state. Because a large amount of Florida’s population...
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What is a “living will” and why do you need one?
Most people in Florida who have an estate plan in place probably have a “living will” as part of that plan. So, what is a “living will”? Quite simply, it is a directive for medical professionals to...
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Choosing a trustee for your estate plan
Many Florida estate plans use trusts to accomplish all or a portion of the goals of the person making the plan. Perhaps the most obvious issue in creating a trust is finding a person to act as...
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What are the reasons people contest wills?
Floridians might contest a will for a number of reasons.A family member or other loved one might challenge the validity of a will because they feel like they have been treated unfairly.People who...
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How estate planning is about more than the transfer of wealth
A lot of people make the mistake of thinking that estate planning is nothing more than divvying up assets to loved ones. While figuring out how your assets are going to be distributed upon your...
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Trusts can benefit estates of all sizes
There is a misconception that only wealthy people with large inheritances to give away can benefit from creating a trust. However, trusts can be beneficial to estates of all sizes. If you are...
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Can you take care of your pet through an estate plan?
Much of the focus in estate planning is on how to distribute wealth once you pass away. But there are a lot of other considerations that can be addressed through the estate planning process. For...
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Five ways to support a charity in your estate plan
Although some people find the estate planning process to be stressful, it can really be enjoyable to figure out how you can support those you care about, even after you’re gone. Your decisions...
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Steps in the Florida trust administration process
Being a trust administrator involves a great deal of responsibility. If you have never served in this role before, you might be intimidated and overwhelmed by the process.Read the trust document...
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Florida POA superpowers
When you are estate planning, your estate planning attorney likely brought up a Power of Attorney (POA). Essentially, these legal designation documents allow someone to act as your agent or on your...
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Six reasons why you want an attorney’s help with your estate plan
At first glance, the estate planning process might seem relatively straightforward. This is because a lot of people think that the process is nothing more than creating a basic will to specify how...
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What are the tasks of a personal representative?
You have been appointed the personal representative of a loved one’s estate, but do you know what this really means? If you are like many in Florida the answer is, “Kind of … maybe?” Being the...
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Estate planning for valuable collectibles
When you first plan your estate, there are different things that you should consider. You want to make sure that you account for everything that you want to pass down.Even if you don’t have a...
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Why should new parents consider estate planning?
One of life’s greatest joys is welcoming a new child into the world. As a new parent, you may already be making plans for your child’s future. One future possibility you may not have considered is...
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What happens if you don’t have a will
If a resident of the Fort Lauderdale area dies without a will, then Florida law will decide how the property of their estate will be divided. Like other states, Florida has a law that spells out...
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Important considerations when selecting a trustee
As this blog has previously discussed, a trustee has an important role to play in the trust administration process. If you are setting up a trust, you should know what to look for when selecting...
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What are the risks of dying without an estate plan in Florida?
In Florida, people are frequently advised as to the value of having even a basic estate plan. The refrains include statements about protecting loved ones, how simple it is, why it is important and...
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Should you include a no-contest clause in your trust or will?
It’s your property, and you want to do with it as you choose, which is the point of good estate planning. However, your beneficiaries may not agree with your choices, deciding to challenge them...
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Understanding a Florida special needs trust
Many Florida families have a member who suffers from serious and permanent injuries or illnesses. These family members may be totally disabled and eligible for federal and state financial...
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Estate planning pitfalls to avoid
Everyone who plans their estate wants to set up a plan that meets their needs, is aligned with their desires for the future and adequately cares for their family members and loved ones. If you are...
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Are you going to make these estate planning mistakes?
At first glance, estate planning may seem pretty simple. You simply draft up a document that specifies how you want your assets to be distributed, right? That’s true to a certain extent, but the...
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What are the obligations of a trustee?
Trusts are a useful estate planning tool for many Florida residents. Trusts require a trustee to manage the assets in a trust. Generally, the creator of the trust will serve as the trustee until...
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Study shows most Americans don’t have an estate plan
Far too many Floridians forego estate planning. In fact, a recent study showed that 67% of Americans don’t have an estate plan. This shortcoming flies in the face of the pandemic and an increased...
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What property is subject to probate in Florida?
Probate is the process in which, upon your death, your assets will be passed on to your heirs either per the terms of your will or per state law. Some assets must be probated, and some assets can...
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Estate planning after an Alzheimer’s diagnosis
An Alzheimer’s diagnosis can be devastating. You might be worried about what you’re going to experience as you condition worsens, and you may be concerned about how your loved ones are going to be...
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What is a living will and do you need one?
Most Fort Lauderdale area residents have heard of a will and many of us have had ours created. But a will is just a small portion of an estate plan. Estate planning encompasses many different...
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Probate administration options in Florida
Most Florida residents try to avoid the probate process if possible, assuming it to be costly, complex and lengthy. Unfortunately, the estates of Florida residents who die without a will must go...
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Update your estate plan regularly
Making an estate plan should not be done once and stored away until death. Changes in your life and the law could make an unchanged plan ineffective.When to updateYour estate planning documents...
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What is the difference between elder law and estate planning?
You might have heard or read discussions on elder law planning and estate planning. While some law firms work with both legal areas, and there is some overlap between them, technically they are...
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What is the role of a personal representative in Florida probate?
When a person in Fort Lauderdale passes away, their estate generally must be probated. Probate is the legal process through which their assets are located, debts and taxes are paid out of the...
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Do you know how to address mental capacity in your estate plan?
Your estate plan is only effective if it’s found to be legally valid. This means that your documents have to align with applicable state laws, but it also means that you have to be able to provide...
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Florida power of attorney: what are superpowers?
Estate planning can seem like a complex process, with many different ways to accomplish an endless variety of goals. Establishing one or more powers of attorney can be a useful means of achieving...
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Basic concepts about trusts in estate planning
Although most Florida residents have any number of questions when they start looking into the estate planning process, trusts are probably one of the top issues. Estate planning can seem difficult...
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My loved one passed away. What do I do now?
Losing a loved one is never easy. While you struggle to cope with the emotional realities of the situation, the financial and logistical nature of the circumstances can make moving forward even...
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Important documents to include in an estate plan
One way to start out the new year is create an estate plan. Everyone should have an estate plan and should know what to include in their estate plan. There are several key documents to consider...
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Should I gift my loved ones assets instead of estate planning?
There’s a lot that goes into estate planning. While you’ll certainly want to address asset distribution in a way that is beneficial for both your estate and your loved ones, you’ll also want to...
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Transfer on death may avoid probate
Probate may be a lengthy, inconvenient, and costly process. Transfer on death designations, however, allow the transfer of assets to designated beneficiaries after a person’s death without...
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Changing the executor of a will
Once a person has completed his or her estate plan, they may need to change it if they have children, their assets increase or decrease or there are other circumstances that cause the original plan...
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Do you know how to talk to your parents about estate planning?
If your parents are getting older, then you might find yourself worrying not only about their health, but also about whether they’ve got the right estate planning tools in place to ensure that they...
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How might the court take part in a trust proceeding in Florida?
When a Floridian creates a trust, they are doing so for many reasons including to maintain control where their assets go, have a say in how they are handled and to ensure certain criteria must be...
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What happens if you can’t find your mother’s will?
When a Fort Lauderdale area resident’s parent passes away it can be an emotional time. Besides dealing with the grief that comes with a death of a family member, there can also be important legal...
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What happens to estate assets during probate?
When someone dies, the assets of the deceased must go through the process of probate, during which the oversight of inheritances, bequests, trust allocations, the settling of debts and death taxes,...
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When is it a good time update an estate plan?
In some ways, estate planning is never finished because as the estate planner’s life changes, their estate plan should also change to keep up with the changes in their life. It is important for...
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How can a will be revoked in Florida?
When a Floridian takes the responsible step to create an estate plan, it is not necessarily permanent. Life changes will inevitably happen and those who have a will and experience those changes...
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Tips for keeping the family money in the family
The first step is drafting the most basic estate planning document, a will. This legal document outlines how one wants their assets to be divided after they die. And, while, just about everyone,...
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Beware the dangers of DIY estate planning
A lot of people think that estate planning is something that they don’t need, or something that is so simple that they can take care of it on their own. Both options are dangerous, though,...
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How does Florida law protect a disinherited spouse?
A last will and testament provides the means for a person to ensure that their property and assets are distributed, following their death, according to their wishes. But a will also allows the...
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Estate planning considerations for the unmarried
When it comes to estate planning, a lot of the focus is on how assets will be left to family members. But what if you’re unmarried and have distant family members? Should you forego estate planning...
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I’m just a college student – do I really need an estate plan?
As young adults in Florida move into their dorms and apartments to begin the new college year, their attention may be focused on their studies, meeting new people and simply enjoying the college...
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Contesting a Florida will
Most Floridians think that once a will is signed by the maker of the will (the “testator”), its provisions are carved in stone and cannot be changed. Fortunately, Florida statutes provide clearly...
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What’s the difference between POAs and joint ownership?
For those in the estate planning process, they are likely familiar with a power of attorney and the concept of joint ownership. However, how these two things interact is not always clear, which...
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Here are some red flags of breach of the fiduciary duty
Coping with the loss of a loved one is never easy, but doing so can be even more challenging when you run into issues with his or her estate. These issues can run the gamut of severity, and they...
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How to choose between a trust or a will
People in Florida plan for events which may occur in the future. This could be planning for potential car accidents by obtaining car insurance or planning for potential damage to their homes by...
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What documents will you include in your estate plan?
Oftentimes, when Florida residents are thinking about how to craft their estate plans, they are thinking about someone else – their family members, usually, or maybe close friends or even a charity...
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A 529 plan: An understated way to save on estate taxes
For Floridians, estate planning is a critical part of being prepared for the future. This benefits the person who takes out the will, trust or other estate planning device as it details what they...
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How does one start the probate process?
One of the unfortunate facts of life is that everyone in Florida will pass away at some point in time. People pass away in different ways and at different times in their lives, but ultimately...
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Planning ahead with a trust
When Floridians make plans to provide for their loved ones after they are gone, it is estate planning that ensures that their wishes will be realized. After basic documents such as a will, a...
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When to take a second look at an estate plan
Knowing when to update an estate plan is critically important to the effectiveness of an estate plan. For an estate plan to achieve its purpose, it needs to be kept up to date and there are several...
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Improving your estate plan
An estate is your legacy, but many plans share common mistakes. Taking these steps can help assure that your estate planning meets your family’s needs and that your wishes are carried out.BasicsA...
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What the wealthy can expect in new wealth tax
With a new administration comes new tax laws. It is a tradition that occurs every four to eight years, and with the new administration, many wealthy individuals want to know what is in store for...
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Is your case headed for probate litigation?
When the personal representative of an estate is ushering the case through probate court, there are usually plenty of concerns along the way, even with the simplest of estates. However, when some...
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Why you should avoid DIY estate planning
There are a lot of online resources out there to help you do just about anything, including estate planning. A lot of people think that creating their own estate plan with the guidance of the...
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Motivating loved ones through incentive trusts
A lot of people who engage in estate planning are concerned about how their assets will be managed and used once distributed. An heir might have a history of making poor financial decisions, a...
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Addressing estate taxes
Most people know that when a person passes away, their estate will need to be distributed. However, they may not be aware that they need to address estate taxes. There is general information...
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Estate planning for new parents
The birth of a child is an event fraught both in excitement and anxiety. The parents are looking forward to welcoming their new child in their life but also may be concerned about the labor and...
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Are you in a blended family and worried about estate planning?
There are a lot of life events that can make estate planning more challenging. Amongst them are divorce and remarriage. While you might think that your existing will or the state’s intestacy laws...
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Understanding breach of fiduciary duty
When a person creates a will, he or she often names a representative to manage the estate after his or her death. The person who is responsible for administrating the estate has a fiduciary duty to...
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Planning for incapacity and selecting an agent
One of the most important parts of planning for incapacity during the estate planning process is selecting an agent. A designated agent can handle the estate planner’s financial and medical affairs...
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Is a special needs trust right for your estate plan?
If you have a loved one with special needs, then you’re probably worried about what their future looks like without you. This is a concern for a lot of Floridians who care for loved ones with...
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Navigating a parent’s estate plan following their death
Having one’s affairs in order can benefit loved ones at the time of his or her death. While an estate plan can ease the process, this does not mean that it is an easy one to move forward with. This...
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Choosing a personal trustee to administer your estate
In these current times, more people than ever may be giving thought to estate planning. After all, a person of any age can suffer a fatal illness. Moreover, even those of modest means may still...
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What are the duties of an estate administrator?
Many people in the Fort Lauderdale area have taken the time to create their estate plan. Having an estate plan is important to make sure a person’s assets are distributed according to their wishes...
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Estate Planning Basics
Estate planning is crucial for everyone. However, many people do not realize this and do not know where to begin. The process can sound intimidating and confusing, but it does not have to be....
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The different types of trusts and how they help estate planners
Trusts are a way to pass assets during life or upon death and can be an important component of an estate plan. There are different types of trusts that can achieve different purposes for estate...
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Take these steps after your spouse dies
The death of a spouse is an almost unbearably difficult time. But there are many financial steps that you should take to assure that there is proper estate administration, your spouse’s wishes are...
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Florida’s laws of intestacy
Death is a difficult topic for many families to address. Unfortunately, it is also one of the most common occurrences that throw families into legal proceedings. When a Fort Lauderdale resident...
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What are the benefits of an A-B Trust?
Readers of this blog are likely familiar with estate planning tools, like trusts. Specifically, many may know about a bypass trust, also called the credit shelter trust and the B trust, but they...
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Is sharing estate planning decisions with heirs a wise step?
Creating an estate plan is a wise and responsible act in Florida. This is true regardless of a person’s age and financial situation. Even those who are younger and do not believe it is a priority...
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How to minimize sibling disputes using estate planning
As most Fort Lauderdale area parents understand, their children don’t always get along. Since they were little kids, siblings often have many disputes. But when it comes to a parent’s estate after...
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The ABCs of choosing an executor or trustee
Creating an estate plan requires many decisions, all of which should be made carefully. Two of the most important decisions are choosing an executor and, required, a trustee. Both positions involve...
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Do I need to modify my estate plan?
A lot of people put of estate planning out of fear of confronting their own mortality. That’s understandable, but those who work to create an estate plan often find an enormous weight lifted off of...
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Why do individuals try to avoid probate?
The loss of a loved one is a stressful and emotional time. For many Florida families grieving the losses of relatives, one of the last things that they will want to think about is the settlement of...
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Not everyone is an interested party
Many things can slow a case when a Florida will goes to probate. One thing is a challenge to the will. However, the universe of people who can file a challenge to a will is not unlimited. Before...
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Estate Planning for the Business Owner Requires More Steps
Everyone is encouraged to set up an estate plan in a timely manner. This is a great way to allocate assets, pre-pay for all funeral costs and leave the family some peace of mind. For the business...
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Why wills are contested
A will may help to ensure that an individual’s final wishes are carried out after that person passes. However, if a will is not structured properly, there is a chance that a family member or other...
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Estate planning in Florida
Florida has more favorable tax laws than many other states in the country, making it a good place to inherit an estate. However, estate planning is about more than just minimizing tax consequences;...
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A list of potential interested parties to a will challenge
There is a chance that an individual will want to challenge the terms of a will during a probate proceeding. However, to challenge a will in Florida probate court, that person will need to be...
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Only certain parties may challenge a will
It may be possible for an individual to contest a will assuming that he or she has standing to do so. Florida state law generally allows those who would have been entitled to an inheritance if an...
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What to expect after a loved one dies
There are several steps that a person must generally take when attempting to open a probate estate in Florida or most other states. The first step is to find the original will and read over it...
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The importance of having an estate plan
Ideally, individuals in Florida and throughout the country will prepare a will as part of their estate plan. A will allows an individual to determine who receives assets that remain in that person...
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The definition of an interested party in probate
Not everyone has the legal right to step forward and challenge a Florida estate in probate court. The question in front of the court is whether one is an interested party to bring legal action...
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How A Will Or Trust Can Help With Your Estate
Two of the most important tools you can use in estate planning are wills and trusts. A will is a document that stipulates how to distribute your property following your death. A trust is a legal...
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