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Florida guardianship cases often turn on procedure. Here is how incapacity proceedings actually work, where they go wrong, how a valid power of attorney can stop a guardianship, who gets to serve, and how to remove a guardian who should not be there.
Florida law lets an heir sue someone who wrongfully cut them out of an inheritance, but only in narrow situations. Here is how the claim works, when DeWitt v. Duce bars it, the exceptions that keep it alive, and the deadlines that decide most cases.
The core difference between a revocable and an irrevocable trust in Florida is control: a revocable (living) trust can be changed, amended, or revoked by the settlor at any time during life and offers no creditor protection, while an irrevocable trust generally cannot be altered once funded but removes assets from the settlor’s estate for… Continue reading Revocable vs Irrevocable Trusts in Florida: Key Differences, Benefits, and Which Is Right for You
When a loved one passes away in Florida, understanding florida homestead rights probate protections becomes crucial for surviving family members who want to keep the family home. Florida’s homestead laws provide some of the strongest property protections in the nation, but navigating these rights through the probate process requires careful attention to constitutional provisions, statutory… Continue reading Florida Homestead Rights in Probate: What Heirs and Surviving Spouses Need to Know
Summary administration is Florida’s streamlined, lower-cost probate process available when the estate’s non-exempt assets are worth $150,000 or less (for deaths on or after July 1, 2026), or when the decedent has been dead for more than two years. Unlike formal administration, it does not require appointing a personal representative — the court can enter… Continue reading Small Estate Probate in Florida: Summary Administration and Disposition Without Administration
When facing the loss of a loved one, understanding the cost to hire a probate attorney in Florida becomes a pressing concern for families already dealing with grief and complex legal procedures. Florida’s probate system involves specific fee structures, statutory guidelines, and various factors that influence the total cost of legal representation during estate administration.… Continue reading Florida Probate Attorney Fees: What to Expect and How Costs Are Determined
When a loved one passes away in Florida, one of the most pressing legal questions families face is how long after death do you have to file probate in florida. The answer isn’t always straightforward, as Florida law provides different timeframes depending on the circumstances of the estate and the type of probate administration required.… Continue reading Florida Probate Filing Deadlines: What You Need to Know After a Loved One Passes
Long-term nursing home care in Florida costs more than $10,000 per month. For many families, Medicaid is the only realistic option for covering those costs—but qualifying requires meeting strict income and asset limits that can leave a surviving spouse financially devastated if the planning isn’t done correctly. Making matters more complicated, Florida’s Medicaid estate recovery… Continue reading Medicaid Planning and Florida Probate: Protecting Assets While Qualifying for Long-Term Care
To get guardianship of an elderly parent in Florida, you file a petition to determine incapacity and a petition to appoint a guardian in the probate court of the county where your parent lives. The court appoints a three-member examining committee to evaluate your parent, holds an incapacity hearing, and — if your parent is… Continue reading How to Get Guardianship of an Elderly Parent in Florida
