Who May Serve as a Personal Representative?

After a loved one passes, families face many decisions—one of which is selecting a personal representative for the estate. This person manages tasks like gathering the deceased's assets, paying debts, and distributing what's left to the right people. Florida law sets specific rules about who can take on this important role. Florida Personal Representative Eligibility In Florida, the primary criterion for serving as a Read More

Advance Directives for Minors: A Critical Planning Tool for Parents in Florida

As parents, we meticulously plan for our children’s education, extracurricular activities, and overall well-being. Yet, an area often missed in our meticulous planning is how to handle unforeseen medical emergencies or critical healthcare decisions for our children. In Florida, the concept of advance directives for minors stands out as an essential, albeit underexplored, strategy for parents. These legal tools grant Read More

Substituted Judgment and Best Interest Standards in Florida Guardianship

Guardianship in Florida carries the weighty responsibility of making decisions on behalf of another individual, often in sensitive and personal areas of life. At the heart of this responsibility lie two primary standards that guide a guardian's decisions: the substituted judgment standard and the best interest standard. Understanding and applying these principles correctly is crucial for guardians as they seek to Read More

Choosing the Right Representatives in Estate Planning

Estate planning is a crucial process that involves making important decisions about your assets and how they will be managed or distributed in the event of your incapacitation or death. In Florida, as in many other places, a significant part of estate planning is designating individuals as decision-makers. These individuals can include executors of your will, trustees of any trusts you create, or agents under a power Read More

Understanding Voluntary Guardianship: A Pathway to Financial Responsibility

Voluntary guardianship is a legal arrangement that can be a beneficial option for young adults who need assistance managing their finances. This process is distinct from involuntary guardianship, as it is initiated by the individual who maintains the right to terminate the guardianship at any time. This form of guardianship is particularly relevant for young adults who can make informed decisions but may require Read More

When Guardianship is No Longer Necessary

Restoration refers to the legal process wherein an individual previously deemed incapacitated seeks to reclaim their rights and personal autonomy. Guardianship, by definition, is a legal relationship where a guardian is appointed to make decisions on behalf of another person, known as the ward, who is incapable of making those decisions themselves. Florida’s legal framework provides specific guidelines for both Read More

A Trust is Only as Strong as Its Administrator: A Guide for New Trustees

Embracing the role of a trustee is a significant testament to confidence and responsibility. Before undertaking this invaluable position, remember that you hold the power to uphold the honoring of wishes, securing legacies, and distributing precious assets. For those contemplating trusts in their estate plans, the journey is equally transformative. Understanding the role a trustee has to play within a trust will Read More

Protecting Your Business in Your Estate Plan

As a business owner, your entrepreneurial journey is not just about building a successful venture; it's also about creating a lasting legacy. You’ve worked hard to make a profitable business, and ensuring that it extends beyond your lifetime requires tactful estate planning. Every business owner’s estate planning journey will look different, but there are some tools that can help anyone protect their interests. Read More

Using Estate Planning Tools to Avoid Probate

If you’re new to the world of estate planning, you have probably seen the term “probate” come up quite often. If you’ve never gone through probate, you should consider yourself lucky. Probate is the legal process through which a deceased person’s assets are distributed. Many families work hard on their estate plans in an effort to limit the potential impact probate will have on a family, but sometimes an air-tight Read More

Creating a Guardianship Plan for Your Children

Those with large support systems and close, loving relationships with friends and family already know they are blessed. They’re able to raise their children in an environment where they can feel fully supported. However, even in situations where you believe your children will be in good hands if you can no longer care for them, you shouldn’t leave it up to family or the court system to determine guardianship in your Read More