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ESSENTIAL ESTATE PLANNING FOR CANADIANS WITH FLORIDA PROPERTY

Florida continues to be a popular destination for Canadian citizens seeking sunshine, rental income, or a future retirement home. But owning property in the Sunshine State also brings a complex set of cross-border estate planning considerations. Canadian citizens with Florida real estate should take deliberate steps to ensure their assets are protected, smoothly transferable, and… Continue reading ESSENTIAL ESTATE PLANNING FOR CANADIANS WITH FLORIDA PROPERTY

WHEN TRUSTEES DON’T ACCOUNT: FLORIDA LAW PRESUMES THE WORST

In Florida trust law, few principles are more powerful—or more dangerous for trustees—than the presumption that arises when a fiduciary fails to keep proper records. The law does not forgive sloppy administration. In fact, it does the opposite: it presumes wrongdoing. This principle is deeply rooted in Florida jurisprudence and has been reaffirmed across decades… Continue reading WHEN TRUSTEES DON’T ACCOUNT: FLORIDA LAW PRESUMES THE WORST

WHAT IS THE LEGAL CAPACITY REQUIRED TO EXECUTE A DEED OR A WILL IN FLORIDA?

In Florida, the legal capacity required to execute a deed, will, or trust is a critical issue in estate planning and litigation. The law recognizes different standards depending on the type of document being executed. A fundamental principle in these cases is that capacity must be evaluated at the time of execution, and legal challenges… Continue reading WHAT IS THE LEGAL CAPACITY REQUIRED TO EXECUTE A DEED OR A WILL IN FLORIDA?

The Responsibilities of Life Tenants and Remaindermen in Florida

In Florida, life estates are commonly created to ensure a surviving spouse can remain in the family home while reserving the future ownership for designated remaindermen. The legal obligations of life tenants and remaindermen are defined by Florida law and case precedent, emphasizing the balance between a life tenant’s right to use the property and… Continue reading The Responsibilities of Life Tenants and Remaindermen in Florida

Florida Trustees Obligations Toward Beneficiaries: The Duty to Inform and Account

A man protects human figures with his hands. The concept of security and social protection. Health coverage benefits, retirement plans. Creating an environment where everyone feels secure and valued.

The administration of a trust in Florida is governed by strict statutory requirements designed to ensure accountability and transparency. Trustees are legally obligated to keep beneficiaries informed and provide detailed accountings of the trust’s administration. The case of Hadassah v. Melcer, 268 So.3d 759 (Fla. 4th DCA 2019) highlights the practical implications of these duties… Continue reading Florida Trustees Obligations Toward Beneficiaries: The Duty to Inform and Account

FINAL STEPS IN GUARDIANSHIP: CONCLUDING GUARDIANSHIPS IN FLORIDA

Deprivation of parental rights. The law protects children from parental violence. Mother and father apart from the child and judge's hammer.

Guardianships in Florida are critical legal tools for protecting individuals unable to manage their affairs. These arrangements, however, are not necessarily permanent. Whether due to the ward’s death, restoration of capacity, or other circumstances, guardianships must eventually come to an end. Concluding a guardianship involves detailed procedures that ensure the guardian has fulfilled their duties… Continue reading FINAL STEPS IN GUARDIANSHIP: CONCLUDING GUARDIANSHIPS IN FLORIDA

FLORIDA ESTATE PLANNING: COMMON PROBLEMS AND HOW TO AVOID THEM

Over the years my office has handled thousands of estates.  Although every situation is different, here are some common problems that I have seen in my time litigating and administering estates in Florida. Estate planning is one of the most critical steps individuals can take to protect their assets and ensure their legacy aligns with their… Continue reading FLORIDA ESTATE PLANNING: COMMON PROBLEMS AND HOW TO AVOID THEM

UNDERSTANDING QUALIFIED RENUNCIATION IN FLORIDA WILL CONTESTS

In Florida, Probate law can involve contesting a will and renouncing benefits under it. This is a nuanced area, as seen in Theresa H. Carman v. Roy Gilbert et al., 641 So. 2d 1323 (Fla. 1994). The Florida Supreme Court addressed whether a renunciation of benefits included in a petition to revoke the probate of… Continue reading UNDERSTANDING QUALIFIED RENUNCIATION IN FLORIDA WILL CONTESTS

New Florida Law Provides Faster Process for Property Owners to Remove Unauthorized Occupants – New Unlawful Detainer Law

Florida’s new law, Section 82.036, has brought a significant shift in how property owners can handle unlawful detainer situations.  Remember unlawful detainer is the remedy for when someone has no legal right to reside in your premises.  If there is a claim by the occupant of ownership the appropriate remedy is an ejectment.  Finally if… Continue reading New Florida Law Provides Faster Process for Property Owners to Remove Unauthorized Occupants – New Unlawful Detainer Law

THE REMOVAL OF A PERSONAL REPRESENTATIVE IN FLORIDA PROBATE LAW

In Florida probate law, the role of a personal representative is essential to the administration of an estate. The personal representative is entrusted with managing and distributing the decedent’s assets according to their will or, in the case of intestacy, under Florida’s laws of intestate succession. However, not all personal representatives remain in their position… Continue reading THE REMOVAL OF A PERSONAL REPRESENTATIVE IN FLORIDA PROBATE LAW

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