Golden Glasko Haddy and Associates, P.A. Miami Probate Lawyer | Litigation, Estate Planning 2026-07-15T13:19:10Z https://www.miamiprobate-gg.com/feed/atom/ WordPress /wp-content/uploads/sites/1101374/2025/06/cropped-Site-icon-32x32.png On Behalf of Golden Glasko Haddy and Associates, P.A. <![CDATA[Does guardianship supersede a power of attorney?]]> https://www.miamiprobate-gg.com/?p=49851 2026-07-15T13:19:10Z 2026-07-15T13:19:10Z A 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=49846 2026-07-10T15:38:43Z 2026-07-10T15:38:43Z Lack 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=49844 2026-07-07T17:17:23Z 2026-07-07T17:17:23Z 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 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=49841 2026-06-18T20:13:18Z 2026-06-18T20:13:18Z 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.  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=49839 2026-06-08T08:28:54Z 2026-06-08T08:28:54Z 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, 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=49837 2026-05-26T13:57:58Z 2026-05-26T13:57:58Z 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 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. ]]> On Behalf of Golden Glasko Haddy and Associates, P.A. <![CDATA[When personal representative fees cross the line in Florida]]> https://www.miamiprobate-gg.com/?p=49833 2026-05-15T22:19:38Z 2026-05-15T22:19:38Z Managing someone's estate is serious work, and Florida law recognizes that. That’s why personal representatives are entitled to compensation for their time, effort and the weight of responsibility they carry.  But what happens when that compensation quietly becomes something closer to exploitation? If you’re a beneficiary watching the numbers and things aren’t adding up, your instincts may be right. Understanding where the law draws the line is the first step to protecting what a loved one worked a lifetime to build.

What the law actually allows

If the will doesn’t specify how much the personal representative will be paid for their services, the law sets the standard for reasonable compensation. They are based on the estate’s compensable value as follows.
  • 3% for the first $1 million
  • 2.5% for over $1 million to $5 million
  • 2% for over $5 million to $10 million
  • 1.5% for all above $10 million
These are not minimums. Think of them as ceilings that can still be challenged if the work doesn’t justify them. It’s also worth noting that the law allows for additional compensation for certain services like selling real property, operating a decedent’s business or other special tasks outside ordinary administration.

How beneficiaries can push back

As a beneficiary, you have the right to demand transparency, and that starts with a full accounting. A personal representative cannot simply take what feels fair to them without being able to show how those numbers were reached.  If such conduct crosses into breach of fiduciary duty, courts can order repayment, reduce compensation or even remove the personal representative entirely. Seeking professional guidance can help you frame your case in a way the court can clearly assess and remedy.  ]]> On Behalf of Golden Glasko Haddy and Associates, P.A. <![CDATA[The benefit of a springing power of attorney]]> https://www.miamiprobate-gg.com/?p=49831 2026-04-30T21:45:36Z 2026-04-30T21:45:36Z springing power of attorney, you do not have to give up the ability to make your medical decisions today. Your agent does not have any responsibility yet, and you are not losing any control. But if you are incapacitated by a sudden medical emergency in the future, then the framework will already be in place for your agent to step in.

Medical and financial decisions

Drafting a medical power of attorney is common as people consider the impact of aging. But it is important to remember that you can also use these documents for legal or financial decisions. After all, if you become incapacitated, someone may still need to tend to your estate. They may need to access bank accounts, pay taxes, authorize payments to the hospital and take other steps to deal with your assets and your property. You can choose the same agent as you choose in your medical power of attorney, or you can choose a different individual, depending on what you think is best in your unique situation. Either way, just be sure you know what legal steps to take to draft a power of attorney and incorporate it into your estate plan this year. There’s no time like the present to protect your future.]]> On Behalf of Golden Glasko Haddy and Associates, P.A. <![CDATA[Can a guardian be deemed incapable?]]> https://www.miamiprobate-gg.com/?p=49828 2026-04-14T09:51:56Z 2026-04-14T09:51:56Z Guardians play a critical role in managing the affairs of individuals who cannot make decisions on their own. This responsibility often includes handling financial matters, property and decisions that may affect an estate. However, a guardian should follow legal standards. If concerns arise about their ability to perform their duties properly, the court may review whether the guardian is still fit to serve.

What it means for a guardian to be incapable

A guardian may be considered incapable if they can no longer make sound decisions or act in the best interests of the person they represent. This can involve physical, mental or emotional limitations that affect judgment.

Common reasons for loss of capability

There are several situations where a guardian may be found incapable. These include declining health, cognitive impairment or involvement in activities that show poor financial management. Misuse of funds, failure to keep proper records, or neglecting responsibilities can also raise concerns. Courts take these issues seriously because they directly affect the well-being of the person under guardianship.

How the court evaluates incapacity

When concerns are raised, the court may conduct a formal review. This can involve examining financial records, reviewing reports and considering medical evaluations if necessary.

Possible outcomes and next steps

If a guardian is deemed incapable, the court may remove them and appoint a replacement. This ensures that the estate and personal matters are handled properly moving forward. In some cases, additional oversight may be introduced instead of full removal, depending on the circumstances.

Protecting the interests of the individual

The primary focus in any guardianship case is the protection of the individual and their assets. Regular reporting requirements and court supervision help ensure accountability. In conclusion, a guardian can be deemed incapable if they fail to meet the required standards of care and responsibility. Seeking reliable legal guidance can help families understand their options and ensure that the right protections are in place.]]> On Behalf of Golden Glasko Haddy and Associates, P.A. <![CDATA[When must Florida personal representatives pay estate taxes?]]> https://www.miamiprobate-gg.com/?p=49826 2026-03-25T06:06:20Z 2026-03-25T06:06:20Z The Florida probate process allows an opportunity for interested parties to make claims against estates. Personal representatives must communicate with creditors and resolve the outstanding financial obligations of deceased individuals. An estate is also often responsible for any outstanding taxes owed by the deceased party, including income taxes. In some cases, the estate itself could have tax obligations. Estate sales can generate income and make an estate income tax return necessary. There may also be taxes owed based on the value of the estate, called estate taxes. Although Florida no longer has a state-level estate tax, federal estate taxes may still apply to Florida estates. When do personal representatives need to retain assets for estate taxes?

Only large estates pay estate taxes

The federal threshold for estate taxes is relatively high when compared with the average estate passing through the Florida probate courts. The maximum exempt value of an estate, as established by federal policy, tends to change every year. In 2026, individual estates must have assets worth $15 million or more for federal estate taxes to apply. The larger the estate becomes, the higher the tax rate imposed. The federal estate tax rate is progressive. It increases as the exempt value of the estate increases and ranges from 18% to as high as 40%. Fulfilling that tax obligation may require the liquidation of certain estate resources. Personal representatives may need to analyze the estate's resources carefully to estimate if taxes may be due. Having guidance when identifying potential obligations can reduce the risk inherent in estate administration and probate proceedings. Personal representatives frequently require legal guidance to ensure that they fulfill all of their responsibilities and minimize their liability.]]>