Estate Planning Attorney (page 2)

Elective Share: What Spouses Can Claim After Death

Elective Share: What Spouses Can Claim After Death

TL;DR: Florida law protects a surviving spouse from being completely disinherited. Even if a will leaves you nothing, you have a right to claim a portion of your deceased spouse's assets, 30% of the total “elective estate.” This is called the elective share. It...
Revocable vs. Irrevocable Trusts: Which Protects Assets

Revocable vs. Irrevocable Trusts: Which Protects Assets

TL;DR: Revocable trusts offer control and flexibility but crumble under creditor pressure and Medicaid scrutiny. Irrevocable trusts can shield assets from creditors and long-term care costs, but only if structured correctly and funded before the threat arrives. The...
Per Stirpes Distribution: What Heirs Actually Receive

Per Stirpes Distribution: What Heirs Actually Receive

TL;DR: Per stirpes distribution divides an inheritance by family branch, not by headcount. When a beneficiary predeceases the decedent, that beneficiary's share passes to their own descendants in equal portions. The mechanic determines who receives what, and the math...
Lady Bird Deeds: What They Protect Without Probate

Lady Bird Deeds: What They Protect Without Probate

A Lady Bird deed transfers Florida homestead property to named beneficiaries automatically at death, bypassing probate while preserving the owner's full control during life. It can help avoid probate-based Medicaid estate recovery and many creditor problems without...
Healthcare Surrogates: What Gets Decided When You Can't

Healthcare Surrogates: What Gets Decided When You Can’t

A healthcare surrogate makes medical decisions when incapacity strikes and the patient cannot speak. Florida law defines what authority they hold, what decisions they can and cannot make, and what happens when no designation exists. The document sitting unsigned in a...
Intestate Heirs: Who Claims What When There's No Will

Intestate Heirs: Who Claims What When There’s No Will

When someone dies without a will in Florida, state law decides who inherits: the order is rigid, mathematical, and often surprising. Spouses, children, parents, and siblings follow a strict statutory hierarchy that does not account for relationships, intentions, or...

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