Florida homeowners often enjoy property tax savings through the homestead exemption, yet many overlook the restrictive rules that trigger upon a homeowner’s death. Florida’s Constitution and statutes create a "Homestead Trap" that can block the transfer of your home...
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Year: 2025
Guardianship: What could go wrong?
Most people enter the world of guardianship with the best intentions. You want to protect a loved one who can no longer care for themselves, whether due to age, illness or disability. In Florida, the court appoints a guardian to make decisions for this person, known...
How to prove someone manipulated your loved one’s will
One of the strongest reasons for contesting a will is undue influence. This happens when someone uses their position of trust or authority to manipulate a vulnerable person. The result is an estate plan that benefits the influencer instead of reflecting your loved...
How often should you update your estate plan?
There is no “right” answer to the question of how often you should update your estate plan. It all depends on what, if anything, has changed. A better question is, when should you review your estate plan? Reviewing it gives you the opportunity to understand whether or...
At what age does a testator lose testamentary capacity?
Estate litigation often begins with questions about the documents involved. If family members believe an outside party pressured the testator into making concessions, they could litigate on the basis of undue influence. Other times, people may question whether the...
Why Floridians should name a preneed guardian
Whether you’re a long-time Floridian or you’ve decided to make the state your home in retirement, it’s important to know the state’s laws and options as you create or modify your estate plan. It’s crucial to plan not just for what happens to your assets after you pass...
What counts as undue influence in an estate plan?
Losing a close family member is a heartbreaking experience. Your grief is compounded when you discover that their estate plan has undergone some changes. Your loved one's estate plan should accurately reflect their true wishes regarding the distribution of their...
Things to consider before taking guardianship of parents
Becoming a guardian for a parent is a serious decision that affects both daily life and long-term well-being. In Florida, guardianship means the court gives someone the authority to make certain decisions for another adult who cannot manage their own affairs. Before...
When should you contest the will of a loved one?
Losing a loved one is difficult, and handling their estate can bring even more stress when questions about the will come up. In Florida, certain situations give you the right to contest a will. Understanding these scenarios helps protect your rights and ensures the...
How does the Florida slayer statute affect inheritance rights?
Florida law blocks anyone from inheriting if they unlawfully and intentionally kill the person they would inherit from. The slayer statute enforces this rule to stop people from gaining financially through wrongdoing. What the slayer statute says Florida’s slayer...
