One of the areas of law we practice is Guardianship. Initiating a Guardianship proceeding can be burdensome, confusing, and costly. It certainly helps to know what to expect. For the benefit of our clients (and as a resource to attorneys just starting out in the field), tere is a step-by-step guide to getting someone adjudicated…
The answer is YES!!! If someone passes away without taking any steps to ensure their property passes to their loved ones outside of court, their property will need to be probated. This means that someone has to open a court case and ask a judge to distribute the property (or sell it in the estate).…
One of the questions I am asked the most is about adding children to title, and almost always, my answer is a resounding NO. In Florida, adding a minor to the title of your property can have legal and financial implications that you should carefully consider and understand the implications of doing so. While it…
Your relative has passed away and your probate attorney has asked you for an original Death Certificate. Where do you get that? Do you have to go to downtown? Travel to Jacksonville? Pay someone to do this for you? This may be one of the most overwhelming moments in your life and something relatively…
I’m constantly in shock with how much bad advice there is out there and how many attorneys are practicing probate without knowing even the simplest of rules. Take this case I took over about a year ago… Names and identities have been changed to protect the *innocent*. A son and daughter lost their father. Let’s…
In Florida, homestead property is subject to special rules regarding distribution at death. If a person who owns homestead property dies, their surviving spouse may be entitled to a life estate in the property, depending on the circumstances. Under Florida law, if a person who owns homestead property dies and is survived by a spouse,…
In Florida, a surviving spouse has the right to elect to take a portion of the deceased spouse’s homestead property as a tenancy in common with the deceased spouse’s children, instead of taking a life estate in the entire property. There are so many statutes on this (Check them out HERE) so I’ll try to…
Everything You Need to Know About Planning Your Own Funeral Words and Resources Collaborated with Sara Bailey at thewidow.net. While death is a natural and inevitable part of life, most people don’t like thinking about their mortality. As a result, families are often unprepared to make post-death decisions and can have a tough time…
Child custody (now referred to as “time-sharing”) in Florida refers to the legal arrangements made for the care and control of minor children following a divorce or separation. In Florida, there are two main types of custody: time-sharing and parental responsibility. Time-Sharing refers to where the child will physically reside. In Florida, a child can…
With the future of Social Security and Medicare uncertain, it’s more important than ever to take steps to secure your financial health. Fortunately, there are several reliable strategies you can use to maximize your savings goals and secure your financial future without relying on government programs. In this blog post, James Hall with www.SeniorCareFitness.com discusses…
