When someone can no longer manage personal or financial decisions, family members may consider guardianship. In Florida, the court must first decide whether the person is legally incapacitated. That decision is made at a capacity hearing after medical and functional...
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Year: 2026
Can an estranged spouse completely cut you off in their will?
Even long marriages can fall apart. Distance, conflict and estrangement can push a couple apart long before death. Hence, if your spouse passed away and left you out of their will, you may find yourself questioning your legal standing and available options. ...
Can you choose a non-family member as a personal representative?
The short answer is ‘Yes.’ However, they must meet certain criteria under Florida statutes to be eligible for that position. If you fail to account for these requirements, the court may disqualify your chosen representative when your estate enters probate. Who...
What if a Florida estate cannot find an heir?
Settling an estate can become much more difficult when a personal representative cannot locate one of the heirs. Families often worry that the probate process will stop or that the missing person's share will disappear. In most cases, Florida law provides a process...
Does guardianship supersede a power of attorney?
Planning for an aging parent often includes signing a power of attorney. This document lets a trusted person handle the financial or legal matters listed in it. Even with that preparation, families sometimes face unexpected changes that can raise questions about who...
5 grounds to contest a will during probate in Florida
A will is meant to be a person's final word on how their estate should be administered. When something about a will feels wrong, Florida law allows families to formally challenge it during probate. Understanding the valid grounds to contest a will can help your family...
Your estate plan should address your medical needs
Most people think about their property when they start to work on an estate plan, but that’s not the only thing you should think about as you get yours made. You should also think about how your medical decisions will be made if you become incapacitated. There are...
Why you need to designate a successor on a 529 account
Some critical parts of smart estate planning don’t involve the estate plan documents themselves, like wills, trusts and powers of attorney. For example, it’s crucial to designate beneficiaries on retirement and investment accounts as well as life insurance policies. ...
Could your heirs handle a sudden inheritance?
Many people spend a lifetime building assets with the hope of passing them on to loved ones. Yet few take the time to consider whether those they leave behind are prepared to manage sudden financial responsibility. A significant inheritance can help bring opportunity,...
When tax obligations lead to probate disputes
Probate disputes often arise when family members disagree about inheritances, property distribution or the actions of an executor. However, tax obligations can also become a major source of conflict during estate administration. When beneficiaries discover unexpected...
