What to do when a loved one dies – A practical guide for Florida families DOWNLOAD FOR FREE

Frequently Asked Questions

FAQ

Estate Planning in Florida FAQ

Yes, having a will in Florida is essential if you want to control how your assets are distributed after your death. Without a valid will, Florida’s intestate succession laws will determine who inherits your property, which may not align with your wishes. A will also allows you to appoint a personal representative (executor) and name a guardian for minor children. Consulting with an estate planning attorney ensures your will meets all legal requirements and reflects your specific intentions.

If you die without a will in Florida, your estate will be distributed according to the Florida intestacy statutes. These laws prioritize your closest relatives, such as your spouse and children, regardless of your personal relationships or preferences. This process can lead to unintended consequences, family disputes, and delays in settling your estate. An estate planning lawyer can help you avoid this scenario by creating a legally sound and personalized estate plan.

A comprehensive Florida estate plan typically includes:

  • Last Will and Testament – to distribute your assets and name a personal representative.
  • Revocable Living Trust – to avoid probate and manage assets during incapacity.
  • Durable Power of Attorney (POA) – to authorize someone to manage financial matters on your behalf.
  • Health Care Surrogate Designation – to appoint someone to make medical decisions if you’re unable to do so.
  • Living Will – to outline your wishes for end-of-life care.
    Working with an estate planning attorney ensures these documents are properly drafted and legally valid.

Florida does not have a state estate tax, but federal estate taxes may still apply for high-net-worth individuals. To minimize estate tax liability, strategies may include:

  • Creating irrevocable trusts
  • Gifting assets during your lifetime
  • Utilizing spousal deductions
  • Setting up charitable bequests
    A qualified estate planning attorney can help you implement the right combination of tools to preserve your wealth and reduce tax exposure for your beneficiaries.

Probate Law in Florida FAQYour executor, known in Florida as a personal representative, should be someone trustworthy, organized, and capable of managing financial and legal responsibilities. This person will handle tasks such as paying debts, filing taxes, and distributing your assets according to your will. Florida law requires your personal representative to be either a Florida resident or a close relative. An estate planning attorney can guide you in selecting the right person and ensure their legal eligibility.

Probate Law in Florida FAQ

Probate in Florida is the legal process through which a deceased person’s assets are identified, debts are paid, and remaining property is distributed to heirs or beneficiaries. The process is supervised by a probate court and can be formal or summary, depending on the value of the estate and other factors. Probate ensures that valid debts and taxes are settled before assets pass to beneficiaries. A Florida probate attorney can help navigate this process efficiently and minimize delays and disputes.

The length of probate in Florida varies depending on the complexity of the estate. Summary administration (for smaller estates) may take just a few months, while formal probate typically lasts 6 to 12 months—or longer if there are disputes or complications. Hiring an experienced Florida probate attorney can help ensure that deadlines are met, paperwork is correctly filed, and the process moves as smoothly and quickly as possible.

In Florida, probate generally applies to assets titled solely in the decedent’s name without a designated beneficiary. These may include solely owned real estate, bank accounts, investment accounts, and personal property. Assets that pass directly to a beneficiary—such as life insurance policies, retirement accounts, or jointly owned property—typically avoid probate. A Florida probate attorney can help determine which assets are subject to probate and whether estate planning tools can help avoid it.

Yes, probate can often be avoided in Florida with proper estate planning. Strategies to avoid probate include setting up a revocable living trust, designating beneficiaries on financial accounts, using joint ownership with right of survivorship, and creating transfer-on-death (TOD) or payable-on-death (POD) accounts. A Florida estate planning attorney can structure your assets to avoid probate and ensure a smoother, faster transfer to your heirs.

Real Estate Transactions in Florida

Yes, hiring a probate attorney in Florida is highly recommended. Florida law requires that most estates be represented by a licensed attorney during the probate process. A probate lawyer ensures that legal procedures are followed, filings are completed accurately, and beneficiaries receive what they’re entitled to. They also help resolve disputes, handle creditor claims, and minimize delays. Without professional legal help, probate can become a stressful and costly experience for your family.

FAQ
Por qué Necesitas un Abogado de Bienes Raíces

Real Estate Transactions in Florida

Buying a home in Florida typically involves these steps: getting pre-approved for a mortgage, finding a property, making an offer, signing a purchase agreement, conducting inspections and appraisal, securing financing, performing a title search, and finally closing the transaction with the transfer of funds and deed.

Closing usually takes 30 to 60 days from the contract date, depending on factors like financing, title clearance, and the parties’ responsiveness. Cash deals may close faster, while mortgage approvals or title issues can delay closing.

A seller’s market occurs when demand for homes exceeds supply. This situation favors sellers because buyers compete for fewer properties, often leading to higher prices and faster sales.

While not legally required, hiring a real estate attorney is highly recommended. An attorney can review contracts, negotiate terms, ensure clear title, handle closing documents, and protect your interests throughout the transaction.

Buyers typically pay for title insurance, appraisal, loan origination fees, and inspections. Sellers usually cover real estate agent commissions and may pay for title searches and documentary stamps. Both parties may share some fees like recording costs.

Title and Deeds in Florida

A warranty deed guarantees the seller holds clear title to the property and has the legal right to sell it. It also promises the buyer protection against any future claims or title defects.

To add someone, you must prepare and sign a new deed (such as a quitclaim or warranty deed) transferring ownership interest to the new party. This deed must be notarized and recorded with the county clerk’s office.

Title insurance protects buyers and lenders from financial loss due to title defects or disputes that arise after purchase. While not mandatory, it is strongly advised to secure title insurance for peace of mind.

Removing someone usually requires that person to sign a new deed relinquishing their interest, such as a quitclaim deed. This deed must then be notarized and recorded. Complex situations may require legal assistance.

A title search is a detailed examination of public records to verify ownership and uncover any liens, claims, or encumbrances on the property. It ensures the buyer receives clear title before closing.

FAQ
FAQ

Guardianship in Florida

Legal guardianship is a formal, court-approved arrangement where an individual (the guardian) is given the legal authority and duty to make personal, medical, and/or financial decisions for another person (the ward) who is unable to manage their own affairs due to age, incapacity, or disability. Guardianship is designed to protect vulnerable individuals such as minors, elderly adults, or people with disabilities who cannot care for themselves fully.

In Florida, a guardian can be a responsible adult family member, a close friend, or a professional guardian appointed by the court. The court carefully evaluates the suitability of a proposed guardian, considering factors like their relationship with the ward, background, and ability to provide appropriate care. The guardian must act in the best interest of the ward and follow court requirements.

To establish guardianship in Florida, a petition must be filed with the probate court explaining why guardianship is needed. The proposed ward and interested parties are notified, and the court may appoint an independent evaluator or attorney to assess the situation. A formal hearing is held where evidence is presented, and the judge decides if guardianship is appropriate and who should serve as guardian. Once appointed, the guardian must file periodic reports to the court about the ward’s well-being and financial status.

Yes, guardianship is a significant legal intervention and is considered a last resort. Alternatives include powers of attorney, where a person designates someone to make decisions on their behalf while retaining legal rights, or trusts that manage financial affairs. Supported decision-making agreements are another option, allowing individuals to receive help with decisions while maintaining their autonomy. These alternatives may be less restrictive and better suited in many cases.

A guardian is legally obligated to act in the best interest of the ward. Responsibilities include managing the ward’s personal care, medical treatment, living arrangements, and finances. Guardians must ensure the ward’s safety, well-being, and quality of life while prudently managing assets and income. Additionally, guardians must keep detailed records and submit regular reports to the court, demonstrating transparency and accountability.

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