When a person dies and they have a valid Will, a Florida court will authenticate the will through a process called probate. The decedent (individual that died) will have their assets transferred according to the language in their Will. But what happens when a person dies without a valid Will?

Without a valid Will, Florida statutes will apply, and the state will determine when and how to distribute the decedent’s assets. Florida Court’s will distribute the estate to the decedent’s heirs-at-law. If the decedent was survived by a spouse and there are no surviving descendants of the decedent, the surviving spouse receives the entire estate. It does not matter if you are separated or no longer speaking, without a Will, in the scenario, the surviving spouse will receive the entire estate.

If the decedent is survived by one or more descendants, who are also descendants of the surviving spouse, and the spouse has no other descendants, then the surviving spouse receives the entire estate. Again, if does not matter if you want your children to inherit your estate, without a Will, in this scenario, the surviving spouse receives the entire estate.

Florida statutes continue to dictate who inherits the decedent’s estate depending on who survives the decedent and whether or not a surviving spouse has other children or not. Creating a valid Will is not difficult, expensive or time consuming. Having a Will allows you to dictate who inherits your estate as opposed to the State of Florida deciding.

If you have questions about a Will, Trust, Living Will, or any other estate planning documents, don’t hesitate to reach out. We do not charge for consultations!

The short answer is yes! The long answer depends on your specific situation and what your goals are with your home. An experienced foreclosure attorney can buy you the time needed to stay in your home and get back on your feet. Do you want to keep your home? There are modification options available. Do you want to sell your home or get cash for vacating? We can assist with these options as well. Are you worried about a deficiency and owing the bank hundreds of thousands of dollars? We can help with getting a waiver of deficiency. No matter what situation you are in, an experienced foreclosure defense attorney can help. We have the experience and knowledge to help with modifications, short sales, waivers of deficiency, cash for keys and other options that you may not have known even existed. Give us a call and talk to us about your situation. Creating a realistic goal and approach will relieve your stress and make you feel more comfortable and confident moving forward.

One of the primary goals with estate planning is making sure that your family is taken care of should something happen to you. It is not something that anyone wants to think about or discuss but ensuring that your children will be cared for will provide necessary peace of mind.

Name a guardian for your child. If parents pre-decease a minor child, Florida courts will appoint a guardian for the child based on what the Judge decides to be the best interest of the child. Naming a guardian allows you, the parent, to name your preferred person to serve this role as opposed to relying on a Judge. A valid Florida will with the proper language is all that is needed to name a guardian for a minor child. A probate Judge will honor your wishes unless the individual named is unfit.

Name a health care surrogate for minor children. Creating a designated health care surrogate for a child will allow you to designate someone you trust to make important health care decisions for your minor child should you no longer be in a possession to do so.

Create a trust. As a parent, you can create a trust for your minor child and appoint a trustee to manage the property until the child becomes an adult. Creating a trust allows you to determine exactly when the child may access the funds or direct a trustee to use trust funds for a specific purpose, such as schooling.

For more information, give us a call or send us an email. We look forward to helping!

A Florida Power of Attorney is a legal document that authorizes one or more persons to act on behalf of the person who creates the power of attorney. Ultimately, the person creating the power of attorney is known as the principal. The principal is granting an agent to act on their behalf. The power of attorney will detail what authority the agent has. It can give limited authority or provide for broad powers to handle a variety of transactions.

A power of attorney may be used for a number of transactions, such as the right to sell a home, vehicle or property. A power of attorney can grant an agent the ability to buy or sell stocks, access a bank account or enter into contracts on behalf of the principal. A power of attorney can grant the right of an agent to do almost any legal act on behalf of a principal.

A Florida power of attorney must be signed by the principal and by two witnesses who are present and observe the principal’s signature. Also, to create a valid Florida power of attorney, a notary must acknowledge the principal’s signature.

If you are concerned about yourself or a loved one, please reach out to see if a power of attorney is right for you.

An estate plan in Florida involves certain legal documents that direct what happens to you and where your property goes after your death. Depending on your situation and circumstances, a basic estate plan can consist of the following documents: will, trust, power of attorney, health care directive, and a living will. It may seem overwhelming but a proper estate plan does not have to be complicated or expensive.

A last will and testament is a legal document that will control how your assets are distributed following your death. You get to decide and identify your beneficiaries, select a legal guardian, and choose who will administer your estate.

A trust is one of the most common ways Floridians attempt to avoid probate. A trust is a legal agreement that allows a trustee to hold and direct assets. Your assets can go into a trust while you are living and then be distributed upon death.

A power of attorney is a type of legal document known as an advanced directive. A properly drafted and executed power of attorney authorizes someone to represent you or act on your behalf. It allows someone you choose to make legal decisions about property, finances and medical affairs.

Being proactive with estate planning takes the stress and hassle away from family members or loved ones and allows you to make the necessary decisions in advance. Without a proper estate plan, your loved ones will need to navigate the probate process, which could cost thousands of dollars. Estate planning is essential, especially if you have children. Don’t be afraid to reach out and ask questions about what type of plan is right for you. We strive to ensure that everyone has a personalized estate plan to meet their situation.

Essentially, in Florida, a lady bird deed exists to avoid probate regarding a Florida property. A lady bird deed allows property to automatically pass to one or more designated individuals upon the owner’s death without having to go through the probate process. Florida is one of only a few states that recognize a lady bird deed. A lady bird deed allows an owner to maintain the right to sell, use and profit from property during their lifetime. It also avoids federal gift taxes. There are some disadvantages to a lady bird deed. The main problem with a lady bird deed is if a remainderman dies before the owner and the owner fails to have a valid Florida will. In that scenario, the property would have to go through probate and pass via intestate succession. It is important to discuss your specific needs with an experienced Florida attorney to ensure a lady bird deed is right for you. If you want to learn more, please contact us via phone, email or through our website.

Absolutely! Too many homeowners in Florida believe there is no defense or no benefit to hiring a lawyer if they are in foreclosure. However, a lawyer can be a tremendous asset. Banks do not want to foreclose and take possession of houses. They would much rather work with homeowners and find solutions that can help bring a loan current. An experienced foreclosure defense attorney can assist obtain a loan modification, short sale, deed in lieu, or other alternatives that may be difficult for homeowners to navigate on their own. Many owners just need a few months to get back on their feet and get their affairs in order, an experienced defense attorney can help with this as well. If you are a Florida homeowner facing foreclosure, don’t feel lost or abandoned. Let us help!

Can I avoid probate with a Living Trust?

There is not an immediate yes or no answer to this question. However, the fact that you are thinking about this is an important first step. Simply creating a Living Trust is not alone going to allow you to avoid probate in Florida. Placing assets in the living trust is the key to those assets avoiding probate.

Assets that belong to the Living Trust will not need to go through the probate process in Florida. A good example is the title to a home. If the home is titled only in the name of the decedent, the home will need to go through probate to pass to the heirs. If the home were titled in the name of the Living Trust, the designated Trustee would have the ability to transfer the title without going through the probate process.

Depending on the size of your estate and your assets, a Florida Living Trust may be your best option at avoiding probate. At Spider Legal, we will collaborate with you to determine what estate plan will best fit your family. If you want to learn more, please contact us via phone, email or through our Contact Us chat box on the website. #FloridaTrust

The short answer is, yes! A Florida Will allows you to provide instructions on how to distribute your assets upon your death. Your assets include your home, car, bank accounts, jewelry, and possessions. Having a Will gives you the power to decide what happens to your assets, which is why a personalized Will is so important.  Without a Will, Florida Statute will decide which individuals may inherit your assets.

A Florida Will can also be extremely important if you have minor children. The language used in a Will can allow you to decide who will become guardian and care for your children should you pass. Without a personalized Will, the state will decide for you.

Do you want to be cremated and have your ashes spread in a particular spot? A Florida Will allows you the ability to decide what happens to your body after death.

There are many websites and services that offer do-it-yourself Wills and Trusts, but those services will not ensure that your Will or Trust is proper or meets your exact needs and desires. We believe that every person should have access to personalized legal documents. As such, we charge only $100 to prepare a Will that is specific to you! If you want to learn more about the process please contact us via phone, email or through our Contact Us chat box on the website. #FloridaWill