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The key difference in Florida is timing and control: a power of attorney is created voluntarily by a person while they still have capacity and requires no court involvement, while a guardianship is imposed by a probate court after a person is found incapacitated and is supervised by the court. A valid durable power of… Continue reading Guardianship vs. Power of Attorney in Florida: When Planning Fails
If you believe a loved one’s will was the product of undue influence, or that a trustee is mismanaging trust assets, you may have strong legal grounds for a challenge. But none of that matters if you miss the deadline to file. Florida imposes some of the most rigid limitation periods in the country for… Continue reading Deadlines for Contesting a Will or Trust in Florida: What You Need to Know Before Time Runs Out
A father changes his will six weeks before dying, cutting out three children and leaving everything to a live-in girlfriend who drove him to the attorney’s office. A mother with advancing dementia signs a trust amendment that nobody in the family knew about, making a caregiver the primary beneficiary. A brother convinces an ailing parent… Continue reading Undue Influence in Florida Will and Trust Contests: What It Takes to Prove Someone’s Will Was Overridden
A revocable living trust is one of the most powerful estate planning tools available to Florida residents—yet it remains one of the most misunderstood. When properly created and funded, a living trust allows your assets to pass directly to your beneficiaries without ever going through the Florida probate court system, saving your family months of… Continue reading Florida Revocable Living Trust: How It Works and Why You Need One
You co-own a property in Florida. Your co-owner is renting it out—or renting part of it—and pocketing the income without sharing a dime. Maybe it’s a family property you inherited together. Maybe it’s an investment property where your partner has taken over management. Whatever the situation, you know you’re entitled to your share of the… Continue reading Co-Owner Not Sharing Rental Income? How to File a Partition Action With an Accounting in Florida
If you’re involved in a Florida real estate dispute—whether you’re suing to enforce a contract, defending against a fraudulent transfer, or fighting over property ownership—you need to understand lis pendens. A lis pendens is a recorded notice that alerts the world to pending litigation affecting a specific piece of real property. It effectively freezes the… Continue reading Lis Pendens in Florida Real Estate: What It Is, How It Works, and How to Remove It
When a family member suspects that a will or trust was procured through undue influence, fraud, or while the maker lacked mental capacity, the natural instinct is to challenge the document. But in Florida, the path you take depends entirely on what you’re contesting—a will or a trust—because the two follow substantially different legal frameworks… Continue reading Contesting a Trust vs. Contesting a Will in Florida: Key Differences
When a family member with a developmental disability turns 18, parents often face an urgent and emotional question: how do we continue making decisions on their behalf now that they’re legally an adult? Many families assume that full guardianship under Florida’s Chapter 744 is the only option—a process that requires declaring their loved one incapacitated,… Continue reading Guardian Advocacy in Florida: A Less Restrictive Alternative to Full Guardianship
When someone dies and the original will cannot be found, Florida law does not simply treat the estate as if no will ever existed. Under certain conditions, a lost or destroyed will can still be admitted to probate. However, the process is far more complex than standard probate administration, and the legal requirements are strict.… Continue reading Lost or Destroyed Wills in Florida: What You Need to Know
