Category Archives: Wills Probate
Guardianship vs. Power of Attorney in Sarasota: Which One Does Your Family Need?
When an older loved one’s health begins to decline, or they can no longer manage their own affairs, Sarasota families often face a difficult decision. Two of the most important legal tools in this situation are a power of attorney and guardianship. They serve similar purposes but work very differently. Our Sarasota wills and… Read More »
How the Florida Homestead Exemption Affects Probate and Estate Planning in Sarasota
For many Sarasota residents, their home is their most valuable asset. It is also one of the most legally complex when it comes to estate planning and probate. Florida’s homestead exemption offers powerful protections, but those protections come with rules that can override a will, restrict who inherits the property, and create unexpected challenges… Read More »
How Personal Representatives Handle Estate Disputes in Sarasota Probate Cases
Being named personal representative of someone’s estate is a major responsibility. You carry out the wishes of the person who died, settle their financial affairs, and distribute what remains to the people who matter most. However, serious disputes can arise when family members disagree, creditors push back, or the assets are complicated. Our experienced… Read More »
How To Avoid Probate in Sarasota: Why a Trust Makes All the Difference
If you have ever watched anyone struggle through the Florida probate process, you already understand why so many Sarasota residents try to avoid it. Probate can be time-consuming, expensive, and emotionally draining for the people you leave behind. Fortunately, Florida law offers several legitimate strategies to avoid it. Our experienced Sarasota wills and probate… Read More »
Can You Disinherit an Adult Child in Florida?
In a recent case, Pawley v. Estates of Wallace, the Florida Third District Court of Appeals rejected a man’s attempt to challenge the wills of his late parents, who died in 2019 and 2020, respectively. Both wills disinherited the man, meaning he received nothing from either of his parents’ probate estates. The reason for… Read More »
Can I Use a “Penalty Clause” to Prevent a Contest to My Florida Will or Trust?
Creating a trust or will allows you to direct the disposition of your assets upon your death. A common benefit of such estate planning is that it minimizes the potential for conflicts, and potentially litigation, among family members who believe they have a valid claim to a deceased loved one’s property. That said, some… Read More »
“Interested Persons” and Florida Probate Litigation
An important concept in Florida probate law is the “interested person.” Essentially, an interested person is someone who has certain legal rights with respect to the administration of a will and probate estate. Depending on the nature of the estate, there may be many interested persons, including individuals who may not realize they enjoy… Read More »
Inheritance Disputes Between Siblings: and What You Can Do to Prevent Them
For many families in Florida, the truly difficult part of the probate process is not in navigating the legal framework. Unfortunately, grief all too often turns to familial conflict as family members grapple with how inheritances are distributed. Tolstoy famously stated: “every happy family is alike; every unhappy family is unhappy in its own… Read More »
Durable Power of Attorney vs Medical Power of Attorney: What You Need to Know Part II
In this series installment we conclude this initial conversation concerning durable power of attorney vs. medical power of attorney. We will discuss some general facts surrounding powers of attorney, as well as why it is a good idea to work with a wills & probate attorney when creating a power of attorney. For official… Read More »
Durable Power of Attorney vs Medical Power of Attorney: What You Need to Know Part I
No one anticipates that they will one day become incapacitated. Unfortunately, we cannot know what the universe has in store. No one can tell the future, and preparing for every unknown is a responsible way to ensure your interests and your families’ are looked after: come what may. Understanding how a power of attorney… Read More »