Golden Glasko Haddy and Associates, P.A.Miami Probate Lawyer | Litigation, Estate Planning2026-09-20T09:11:58Zhttps://www.miamiprobate-gg.com/feed/atom/WordPress/wp-content/uploads/sites/1101374/2025/06/cropped-Site-icon-32x32.pngOn Behalf of Golden Glasko Haddy and Associates, P.A.<![CDATA[What happens during a guardianship capacity hearing?]]>https://www.miamiprobate-gg.com/?p=498612026-09-20T09:11:58Z2026-09-20T09:11:58ZWhat does the examining committee do?
Before the hearing, the court usually appoints a three-member examining committee. This committee must include at least one doctor or psychiatrist. The other members may include psychologists, nurses, social workers or other professionals with relevant experience. One member must know about the type of incapacity alleged.
Each member examines the person and checks their ability to use specific legal rights. The committee then prepares written reports on the person’s diagnosis, abilities, limits and rights.
What happens at the hearing?
After the committee turns in its reports, the court holds a hearing. The person generally has the right to attend unless the right is given up or the court finds a good reason for their absence. The person may speak in court, show evidence, call witnesses and question witnesses. The court - not the examining committee - makes the final decision. Legal inability generally must be proven by clear and convincing evidence.
If the court finds incapacity, it must name the specific rights the person cannot use. The court generally limits any removal of rights to those affected by incapacity.
What happens after the decision?
If the court finds incapacity, it enters a written order describing the scope of the incapacity and the rights affected. The court may also consider whether a less restrictive option could meet the person’s needs.
A guardianship hearing can affect important rights, so the committee reports and hearing evidence matter. A lawyer familiar with Florida guardianship law can help explain the process and protect the person’s rights.]]>On Behalf of Golden Glasko Haddy and Associates, P.A.<![CDATA[Can an estranged spouse completely cut you off in their will?]]>https://www.miamiprobate-gg.com/?p=498592026-09-03T10:14:21Z2026-09-03T10:14:21ZEven 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.
Fortunately, Florida law protects you, even when your spouse attempts to disinherit you. That protection begins with understanding a fundamental right that Florida state law affords you.
You have the right to an elective share
This is because Florida law gives every surviving spouse a legal protection called an elective share. This provision entitles you to claim a portion of your late spouse's estate, regardless of what their will states. Florida established this statutory protection precisely for circumstances like yours. As long as you were legally married at the time of your spouse's death, you can file for the elective share during probate. Estrangement does not extinguish that statutory right. Now that you know this right exists, the next step is understanding how much you can claim.
How much of the estate can you claim?
In fact, under state laws, you can claim up to 30% of your deceased spouse's elective estate. Courts usually calculate the 30% based on the total value of qualifying assets, which often extends beyond what passes through probate alone.Yet, knowing the percentage is only part of the equation. You also need to understand which assets constitute the elective estate.
Which assets are part of the elective estate?
That said, not all property your spouse owned will fall within the elective estate, but many asset types do qualify. Here is what Florida law typically includes:
Probate assets: Property owned solely by the deceased that passes through the court process.
Revocable trust assets: Property held in a trust that the deceased could change or cancel during their lifetime.
Jointly held property: Assets the deceased shared with others, valued according to their ownership share.
Select investment accounts: Bank and investment accounts labeled "Payable-on-Death" or "Transfer-on-Death."
Retirement accounts and life insurance: IRAs, 401(k)s, pensions and the net surrender value of life insurance policies.
The elective estate encompasses a broad range of assets, meaning your claim may be more substantial than you initially anticipated. With that in mind, knowing how to properly assert your rights during probate proceedings becomes essential.
Protect your marital rights during probate
When a will leaves you out entirely, the situation can feel overwhelming, but you do have legal recourse. Florida law preserves your rights as a surviving spouse and the elective share exists to ensure that a will alone cannot divest you of those rights. The probate process can feel complex, but you do not have to navigate it without support. With the right guidance, you can gain clarity on your legal entitlements and protect your share of the estate.]]>On Behalf of Golden Glasko Haddy and Associates, P.A.<![CDATA[Can you choose a non-family member as a personal representative?]]>https://www.miamiprobate-gg.com/?p=498562026-08-21T11:03:22Z2026-08-21T11:03:22ZWho qualifies as a personal representative under Florida law?
If you plan to name someone who is not a family member as your representative in your estate planning, one requirement they must meet is Florida residency. In addition to that, they are required to be:
Free from felony convictions
Mentally and physically fit to administer the estate
At least 18 years of age
Free from convictions related to abuse, neglect or exploitation of an elderly person or a disabled adult in any state or foreign jurisdiction
What if the non-family member is not from Florida?
If the person is not a Florida resident and not related to you by blood, marriage or legal adoption, Florida statute generally disqualifies them from serving as your personal representative.
What other qualities should you look for in them?
Your personal representative usually gets access to your money, assets and some of your very private information. You don’t want to give that authority to a person you don’t trust. At the same time, the person you name should also have the practical capacity to manage the responsibilities that come with estate administration. Some of the skills you should look for include:
Communication skills
Organizational ability
Composure under pressure
Financial judgment
A personal representative who brings these qualities to the role is better positioned to manage the administrative demands of probate without unnecessary delay or conflict.
How to confirm your choice meets Florida's requirements
A personal representative must meet all statutory requirements in Florida. This ensures you execute your estate plan without any hiccups. Speak with an estate planning attorney to determine whether the person you have chosen legally qualifies to be your personal representative.]]>On Behalf of Golden Glasko Haddy and Associates, P.A.<![CDATA[What if a Florida estate cannot find an heir?]]>https://www.miamiprobate-gg.com/?p=498532026-08-17T07:11:33Z2026-08-17T07:11:33ZWhy an heir may be difficult to find
An heir may lose contact with family for many years or move without leaving updated information. Some heirs may live in another state or another country. In other situations, relatives may know the person's name but not their current address or other contact details.
Under Florida law, the personal representative has a duty to make reasonable efforts to identify and locate heirs and other interested parties before distributing estate assets. Those efforts help ensure everyone receives proper notice. Understanding what happens next can help families prepare for the probate process.
Steps the probate court may require
If an heir cannot be located after reasonable efforts, the court may allow the estate to continue while requiring additional steps to protect that person's rights. Depending on the circumstances, those steps may include:
Reviewing family records and public documents
Searching available public databases
Contacting known relatives or other potential sources of information
Providing notice through methods approved by the probate court when direct contact is not possible
These actions create a record showing that reasonable efforts took place. Once those efforts are complete, the court can decide how the estate should proceed.
How the estate may move forward
Florida law allows probate to continue even when an heir remains missing, but the court will determine the proper handling of that person's inheritance. The outcome depends on the facts of the case and the evidence presented during probate.
Understanding this process helps families know what to expect when an heir cannot be found. Gathering accurate family information and maintaining updated records can reduce delays and support a smoother estate administration. Consider speaking with a legal professional for guidance.]]>On Behalf of Golden Glasko Haddy and Associates, P.A.<![CDATA[Does guardianship supersede a power of attorney?]]>https://www.miamiprobate-gg.com/?p=498512026-07-15T13:19:10Z2026-07-15T13:19:10ZA court-appointed guardian generally takes legal priority
A valid power of attorney may allow an agent to exercise only the powers listed in the document. It can provide enough support to avoid guardianship. However, a court may appoint a guardian when the person can no longer exercise certain legal rights, manage property or meet essential health needs.
In Florida, courts must consider less restrictive forms of assistance before granting broad guardianship powers. A power of attorney may serve as an alternative when it protects the person and covers the necessary decisions. If that arrangement no longer provides enough protection, the judge may appoint a limited or plenary guardian.
An incapacity ruling generally ends the agent’s authority. Nonetheless, the judge may preserve certain powers under the document. The final order identifies which matters the guardian controls and whether the agent keeps any legal role.
The court order defines each person’s role
Guardianship does not always eliminate every power granted to the agent. The court may leave selected duties in place when those duties serve the person’s needs and match the incapacity ruling.
This distinction may affect bank accounts, real estate and health care decisions. Since every guardianship order is different, legal guidance can help families determine which powers belong to the guardian and which, if any, remain with the agent.]]>On Behalf of Golden Glasko Haddy and Associates, P.A.<![CDATA[5 grounds to contest a will during probate in Florida]]>https://www.miamiprobate-gg.com/?p=498462026-07-10T15:38:43Z2026-07-10T15:38:43ZLack of testamentary capacity
Florida law requires that the person creating a will must possess sufficient mental capacity at the time of signing. This means the person must understand what a will does, what assets they own and who their family members are. If your loved one lacked this mental clarity, a court may declare the will invalid.
Undue influence
Undue influence occurs when someone manipulates or coerces the testator into changing their will. This often involves a caregiver, family member or close friend who exploits a position of trust and authority. Common indicators include sudden changes to the will or disproportionate benefits to one individual. This is one of the most common grounds for contesting a will contest in Florida.
Fraud or forgery
A will obtained through deception is not valid under Florida law. Fraud happens when someone tricks the testator regarding the contents of the will or the nature of what they are signing. Forgery involves creating a fake signature or fabricating the entire document. In such cases, handwriting analysis and witness testimony can help substantiate these claims.
Improper execution
Florida imposes strict requirements for executing a valid will. The testator must sign the will in front of two witnesses. Those witnesses must then sign the will in the presence of the testator and of each other. Failure to follow these steps can render the will unenforceable.
Revocation
A testator can revoke an existing will at any point before their death. Revocation can happen by destroying the will, writing a new one or incorporating a written clause that cancels the original. When a newer valid will exists, the earlier version loses its legal validity.
Honoring your loved one
Florida law allows interested parties to file a will contest within three months of receiving a Notice of Administration. Failing to act within that window may result in losing the right to challenge the will entirely. Taking action within that time can help ensure your loved one's true wishes are honored.]]>On Behalf of Golden Glasko Haddy and Associates, P.A.<![CDATA[Your estate plan should address your medical needs]]>https://www.miamiprobate-gg.com/?p=498442026-07-07T17:17:23Z2026-07-07T17:17:23ZMost 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 two things you need to create when you’re preparing for your healthcare if you can’t speak up for yourself. These are a power of attorney for healthcare and your advance directives. Together, these provide a foundation for your wishes to be followed, even if you can’t relay them at the time.
What is an advance directive?
The advance directive is a legal document that provides instructions about the medical care you’re willing to receive and what care you don’t want. It can include things like a do-not-resuscitate order or limitations on how long you would want to remain on life support. The more detailed you make this document, the easier it will be for your medical team to understand your wishes.
What is the power of attorney for healthcare?
A power of attorney for healthcare is a formal document that appoints someone as your agent to make healthcare decisions for you if those decisions aren’t already outlined in the advance directive. This should be someone who knows what your wishes would be in difficult situations. They should be able to provide directions for your care to the medical team taking care of you, and they must be willing to advocate for you as needed. While addressing your medical care is an important part of your estate plan, you shouldn’t bypass getting other parts of the plan set. Working with someone who can assist you with getting everything together can help to reduce your stress and ensure your wishes are known. ]]>On Behalf of Golden Glasko Haddy and Associates, P.A.<![CDATA[Why you need to designate a successor on a 529 account]]>https://www.miamiprobate-gg.com/?p=498412026-06-18T20:13:18Z2026-06-18T20:13:18ZSome 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.
Opening a 529 account can help you save for a child’s or grandchild’s education while benefiting from its various tax advantages. The beneficiary of the account is designated when it’s opened (and can be changed so that the same account can be used for more than one child if they need the funds at different times). But what if the owner passes away before the child needs the funds?These accounts allow the owner (and there typically can only be one) to designate a successor (sometimes referred to as a successor owner or successor participant). Some even allow a contingent successor to be listed.The successor is the person who takes over responsibility for the 529 account if the owner dies before the beneficiary reaches adulthood. It seems only prudent to name a successor when opening the account. However, according to a leading provider of 529 accounts, Ascensus, a full quarter of these accounts have no successor listed.This is important for parents – no matter how young they might be – as well as for grandparents. (These accounts offer even greater tax advantages for grandparents than for parents.)
What happens if the owner dies and there’s no designated successor?
What happens to the account depends in part on the account administrator’s rules. It’s possible the account could end up in probate, which can slow down the estate administration process. Moreover, if the account is stuck in probate for a time, the funds may not be available when they’re needed (for example, if the beginning of college coincides with a parent’s or grandparent’s death).It’s very simple to avoid this complication. All people need to do is designate a successor (and a contingent successor, if that option is available). It can be any trusted adult and can be changed if needed while the owner is alive.If you or your spouse established a 529 account for your child or if any of their grandparents did, it’s essential to ensure that all of these accounts have a valid successor. Listing it in your estate plan is not enough. To learn more about this and other valuable estate planning tools, it’s smart to get experienced legal guidance.]]>On Behalf of Golden Glasko Haddy and Associates, P.A.<![CDATA[Could your heirs handle a sudden inheritance?]]>https://www.miamiprobate-gg.com/?p=498392026-06-08T08:28:54Z2026-06-08T08:28:54ZMany 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, but it can also introduce uncertainty and sudden pressure. Without preparation, even well-intentioned beneficiaries may feel overwhelmed by complex decisions.
Planning for financial readiness
Sudden wealth often requires more than basic money management skills. Without experience in budgeting, investing and understanding tax implications, beneficiaries may struggle to preserve what they receive. This gap in financial readiness may lead to rushed choices that unintentionally diminish long-term value.Trusts are commonly used to provide structure and oversight when transferring wealth. They can help ensure distributions are made gradually or for specific purposes, reducing the risk of impulsive financial decisions while still supporting an individual's needs. In many cases, this approach helps to create a balance between flexibility and protection.Additionally, including a spendthrift clause can provide an extra layer of protection. A spendthrift clause is designed to help safeguard trust assets by restricting a beneficiary’s ability to access or transfer future distributions before they are received. In most cases, it prevents beneficiaries from selling, assigning or giving away their interest in the trust and limits creditors’ ability to reach those assets before distribution. This protection can help preserve trust funds, encourage responsible financial management and ensure that assets remain available for their intended purpose.Taking time to address these considerations in advance can make a significant difference in how wealth is experienced by the next generation. A well-structured plan helps reduce uncertainty and ensures that assets are preserved and used in ways that reflect long-term intentions. Speaking with an experienced estate planning professional can help you determine the right strategies to protect both your legacy and the people you care about.]]>On Behalf of Golden Glasko Haddy and Associates, P.A.<![CDATA[When tax obligations lead to probate disputes ]]>https://www.miamiprobate-gg.com/?p=498372026-05-26T13:57:58Z2026-05-26T13:57:58ZProbate 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 tax liabilities or disagree on how taxes should be handled, probate proceedings can quickly become more complicated and contentious than they otherwise would be.
Estate taxes are just the start
When people die, their estates may be responsible for resolving outstanding income taxes, property taxes or business-related tax obligations before assets can be distributed to heirs. Beneficiaries sometimes become frustrated when they learn that estate funds must first be used to satisfy government claims rather than being distributed immediately.Additionally, although many estates do not trigger federal estate taxes, larger estates or certain state-level tax obligations can significantly affect inheritances. Family members may disagree over whether assets should be sold to cover taxes or whether some beneficiaries should contribute more toward the tax burden.Inherited retirement accounts and investment assets can create additional tension. Beneficiaries may not realize that certain inherited accounts carry income tax consequences when funds are withdrawn. If one heir receives heavily taxed assets while another receives tax-favored property, accusations of unfair treatment sometimes follow.Executors and trustees may also face scrutiny regarding tax filings and financial management. Beneficiaries may question whether fiduciaries properly valued estate assets, filed required tax returns or minimized tax exposure appropriately. Allegations of mistakes, delays or negligence can lead to probate litigation in some situations.Family-owned businesses and real estate holdings often create especially difficult tax-related disputes. Heirs may disagree about whether to keep or sell inherited property in order to pay taxes or ongoing expenses. Some beneficiaries may want immediate liquidation, while others hope to preserve family assets long-term.Tax disputes during probate can delay estate administration and reduce the value of an inheritance itself. An experienced legal team can help families navigate tax-related estate issues, address fiduciary concerns and work toward resolving disputes efficiently. ]]>