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...
Lady Bird Deeds: What Are They and When Do You Need One?
Lady Bird deeds, also known as enhanced life estate deeds, give you a way to transfer your home at your death without probate while keeping full control of the property during your lifetime. They differ from traditional life estate deeds because you retain the right to sell, mortgage, or change beneficiaries without...
Transferring a Car Title After the Owner Dies
When someone passes away, their vehicle becomes an asset that must be addressed as part of settling the estate. In Florida, the process for transferring a car title after death depends on how the vehicle was owned and whether probate is required. Getting it right is important for avoiding delays, disputes, and...
7 Reasons to Hire a Probate Attorney
When a loved one passes away, the role of personal representative comes with significant responsibilities. In Florida, formal probate is a court-supervised process for transferring assets, paying debts, and carrying out the wishes outlined in the will. While it may seem possible to manage on your own, the truth is that...
Why You Should Establish a Trust Even If You Aren’t Wealthy
When many people hear the word “trust,” they think of the ultra-wealthy families with vast fortunes and complex investments. However, in reality, trusts are not exclusive to the rich. In fact, even individuals and families with modest estates can benefit greatly from establishing a trust as part of their estate plan.
Probate for Non-Resident Property Owners in Florida
Florida has long been a destination for retirees, investors, and vacationers. As a result, many non-residents own real estate here—whether it’s a beachfront condo, a rental property, or a seasonal second home. But when a non-resident property owner passes away, their out-of-state estate must often navigate Florida’s ancillary probate process to transfer...