When it comes to planning for incapacity or helping a loved one manage their affairs, people often confuse Power of Attorney (POA) with Guardianship. Both serve the purpose of allowing someone else to make decisions on behalf of another, but the differences are significant—and choosing the wrong path can lead to court intervention, family conflict,…
DetailsI was recently interviewed by the South Florida Women’s Chamber of Commerce and we briefly touched upon planning for business owners. I’ve had many clients over the last 15 years of my practice that, among their personal assets, own 1 or more businesses. Many clients don’t realize that you ALSO have to plan for your…
DetailsCongratulations! You’ve taken a huge step in securing your legacy and protecting your loved ones by getting your trust done. But before you pat yourself on the back and tuck that binder away for safekeeping (I know… I’m sorry), there are a few more things you have to check off your list before I can…
DetailsImagine this: You spend years building a legacy, carefully planning for your family’s future, and setting up a trust to provide for them. But what if, after you’re gone, your loved ones and trustees aren’t quite sure how you wanted things to play out? That’s where a Letter of Intent (LOI) comes in—a thoughtful, non-binding…
DetailsThe majority of my clients come to me as pupils… not knowing what they don’t know and eager to better understand the ins and outs of planning their demise. Sounds morbid, I know, but it’s also a part of life, and honestly, part of what makes living so beautiful is knowing there will be an…
DetailsAs a probate attorney, I frequently meet spouses who are surprised to learn that the provisions left for them in their deceased spouse’s will are not as ironclad as they might seem (or as he or she “promised” during their lifetime…eek). In Florida, if a surviving spouse feels that the amount left to them in…
DetailsAs a probate attorney, one of the most frequent questions I receive is: “How much of my personal business will be made public in probate?” It’s a valid concern, and many people are surprised to learn that probate cases are, by default, part of the public record. This means that the details of your estate…
DetailsIn Florida, probate is the legal process through which a deceased person’s assets are distributed to heirs and beneficiaries, and debts are paid off. The process can vary depending on the complexity of the estate, but generally, there are seven general stages: 1. Filing the Petition – Initiation: The probate process begins by filing…
DetailsGranting an agent authority with a durable power of attorney can be a useful tool for the elderly or for anyone who suffers from incapacitation. The agent is permitted to act on behalf of the person when they are unable to do so themselves. Common grants of authority include paying bills and signing documents. But…
DetailsMany people come to us and say “But I was designated as Personal Representative in the Will so we don’t need to open a probate case, right?” Unfortunately, the answer is “No.” Being named as a Personal Representative (also known as an executor or administrator) in a will does not avoid probate. A Will…
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