Can You Still Have a Springing Power of Attorney in Florida?
Florida generally does not allow new springing powers of attorney. For most powers of attorney signed after October 1, 2011, the document becomes effective immediately once it is executed, rather than only after incapacity. Many people still ask about springing powers of attorney because they want to maintain control over their finances...
Dynasty Trusts: Multigenerational Wealth Planning
A dynasty trust is a long-term trust designed to preserve and transfer wealth across multiple generations. These trusts can help families reduce transfer taxes, protect inherited assets from creditors, and create a structured plan for managing wealth over time.
For families with significant assets, a dynasty trust may provide...
Protecting Inheritance from a Child’s Divorce
When a child receives an inheritance, many parents worry about what could happen if that child later divorces. In Florida, inherited assets are generally considered separate property, but that protection can disappear if the inheritance is mixed with marital assets or handled improperly. Careful estate planning can help reduce the risk of...
How to Handle Out-of-State Assets in Your Florida Estate Plan
Owning property or accounts in multiple states can complicate your estate plan. To handle out-of-state assets effectively, you need to account for each state’s probate laws, consider strategies to avoid multiple court proceedings, and ensure your plan coordinates across jurisdictions.
When your estate includes assets outside Florida, failing to...
Breach of Trustee Fiduciary Duty
A trustee breaches their fiduciary duty when they fail to act in the best interests of the beneficiaries or violate the terms of the trust. This can include mismanaging assets, acting in self-interest, or failing to provide required information to beneficiaries. When this happens, you may have the right to take legal...
Beneficiary Rights When the Trustee Doesn’t Follow Trust Terms
When a trustee fails to follow the terms of a trust, beneficiaries have the right to demand compliance, request information, and take legal action if necessary. In Florida, trustees have a legal duty to act in the best interests of beneficiaries and to follow the trust document exactly as written.
How to Remove a Trustee in Florida
You can remove a trustee in Florida if there is legal cause, such as a breach of fiduciary duty, failure to administer the trust properly, or unfitness to serve. In many cases, removal requires a petition to the court under Florida law, though some trusts allow for removal without court involvement.
Dealing with Missing Heirs During the Probate Process
If an heir cannot be located during probate in Florida, you cannot simply move forward without them. As personal representative, you must make a documented, diligent effort to find the missing person and, if necessary, provide notice by publication before the estate can proceed.
When you are administering...
How Medical Directives Differ from Living Wills
Medical directives and living wills both guide your healthcare when you cannot speak for yourself, but they serve different roles under Florida law. A living will focuses on end-of-life treatment choices, while other advance medical directives determine who can make decisions and how broader medical care is handled. Understanding how these documents...
Transfer-on-Death Deeds: Are They Right for You?
Transfer-on-death deeds can be helpful in limited situations, but they are not available for Florida real estate and are not an option for property owners here. In Florida, avoiding probate for real estate requires different tools, and choosing the right one depends on how you want your property handled during your lifetime...