Florida’s homestead protections are renown throughout the country for the great homestead protection laws that protect state residents. These laws are found in Florida’s Constitution and offer key protection in three different ways. The state constitution offers protection from creditors, tax exemptions, and transfer restrictions to protect spouses. Homestead Protection…
Florida Estate Planning Lawyer Blog
Does a Revocable Trust Allow My Assets to Pass Outside of Probate Automatically?
One of the best tools estate planning attorneys in Jacksonville utilize for their clients is the Florida revocable trust. The revocable trust is also known as a living trust. A revocable trust has many benefits including the ability to help individuals avoid probate. However, many people do not realize that…
How to Change Marital Status on Florida Death Certificate
Correcting a Death Certificate in Florida for a Change in Marital Status We often receive calls about how to correct a Florida Death Certificate in relation to filing a Probate case in Florida. Correcting a Florida Death Certificate is done through Florida Vital Statistics which can be reached at: DEPARTMENT…
Is An Estate Liable For Rent When A Roommate Dies?
As Jacksonville estate planning attorneys, we often come across unusual scenarios that require a deep look into the law. A recent questions posed to the Jacksonville probate attorneys at the firm was: “Is a roommate’s estate liable for the unpaid rent after he or she passes away”? The short answer…
Keeping Beneficiaries Informed in Florida
Every trustee of a Florida Trust may have a fundamental duty to keep the trust’s beneficiaries informed of the administration of the trust. Florida Statute Section 763.0813 provides that a trustee must keep the qualified beneficiaries of the trust “reasonably informed of the trust and its administration.” The statutes do…
Can You Be Punished For Bringing A Lawsuit in Bad Faith Against An Estate?
A will or trust is one of the essential documents that every person should create. These documents dictate how a person’s assets should pass after death to a personal representative or a trustee. However, will and trusts are sometimes contested by family members when the documents are legally invalid, or…
Medicaid Liens On A Plaintiff’s Wrongful Death Award
Florida medicaid Liens. Florida residents that suffer from injuries caused by another person are lucky because they can often pay costly medical bills through Medicaid if they qualify for coverage. Medicaid is a government assistance program that provides long-term health coverage to those with low income and few assets. It…
Estate Planning Can Help A Person Prepare for life with Memory Loss
Estate planning is important to prepare for potential memory loss. Studies show that memory loss is one of the most common ailments that an older person experiences as they begin to age. Memory loss is often a sign of early dementia, and those that suffer from dementia may not be…
Can You Prevent a Marriage in Florida?
Can a Marriage be Prevented in Florida? We often get questions about whether the Fundamental Right to Marry Extends beyond Incapacity? The state constitution of Florida offers every citizen basic fundamental rights. One of the most important of these rights is a Florida resident’s fundamental right to marry. The right…
Should Florida Enact a Disinheritance Statute to Prevent Elder Law Abuse?
Elder law is one of the most important legal fields in Florida because it helps address the unique needs of this state’s large elderly population. One of the growing concerns in the legal community is the rise of elder abuse. The abuse is frequently under-reported, and worse, the abusers are…