When someone dies and leaves an estate behind, the person responsible for handling the probate process has an important legal role. In Florida, that person is generally called the personal representative, although many people use the word “executor” in everyday conversation. Problems can arise when the personal representative stops communicating with beneficiaries, delays the administration […]
Month: September 2026
Can a Personal Representative Sell Florida Real Estate Below Market Value?
Quick Summary: No. Under Fla. Stat. § 733.610 (Probate) and Fla. Stat. § 736.0802 (Trusts), a fiduciary must administer real estate solely in the best interests of the beneficiaries. A court can void transactions affected by a conflict of interest, such as off-market sales below market value or self-purchases. However, the transaction remains valid if […]
Navigating the Medicaid 5-Year Lookback Rule Without Losing the Family Home
Learn how Florida’s 5-year Medicaid lookback rule impacts your home. Discover proven strategies like Lady Bird Deeds, caregiver exemptions, and trusts to protect your property from nursing home costs and estate recovery.
Grounds for Contesting a Will in South Florida: Undue Influence vs. Lack of Capacity
Under Florida probate law, contesting a will means filing a formal legal petition in court to declare a deceased person’s last will and testament void. Under Fla. Stat. § 732.5165, a court can invalidate an entire will,or specific clauses within it,if the document does not represent the free and uncoerced intent of a mentally sound […]
Who Inherits the Family Home in Florida? Homestead Rights for Spouses & Heirs
Under Article X, Section 4 of the Florida Constitution, a primary residence (homestead) is subject to strict constitutional inheritance laws that override standard terms written in a Will or Trust. If a Florida homestead owner dies while survived by a spouse or minor child, state law dictates who receives the home, preventing the owner from […]
How to Transfer Florida Property to Your Children Without Tax Penalties
f you sign your Florida home over to your children while you are alive, such as through a standard quitclaim deed, the Internal Revenue Service (IRS) treats the transfer as a lifetime gift. Under federal tax law (IRC § 1015), this forces your kids to inherit your original purchase price as their tax baseline, known […]
Florida Homestead Estate Planning Rules: Passing Your Home to Heirs
Quick Answer: How do Florida homestead rules impact property inheritance? Mastering florida homestead estate planning rules ensures your primary residence passes to your intended heirs without court delays or voided devises. Under Article X, Section 4 of the Florida Constitution and Fla. Stat. § 732.4015, an owner survived by a spouse or minor child cannot […]
Florida Lady Bird Deed vs. Revocable Living Trust for Real Estate
Quick Answer: A Florida Lady Bird Deed (Enhanced Life Estate Deed) is a streamlined legal instrument designed to transfer a single parcel of real estate to designated beneficiaries outside of probate while allowing the owner to retain absolute lifetime control. A Revocable Living Trust is a comprehensive, multi-asset estate planning framework that manages property during […]
The South Florida Homeowner’s 2026 Roof Insurance Survival Guide
Received an insurance non-renewal notice claiming your 12-year-old roof is an uninsurable liability? Don’t panic—and don’t pay for an unnecessary replacement. Under Florida Statute § 627.7011, insurers cannot legally drop your policy solely due to roof age if your roof is under 15 years old. Learn your statutory policyholder rights, how the 5-year useful life inspection exemption works, and the exact step-by-step defense plan to protect your home.
Florida Summary Administration Requirements: How to Avoid Formal Probate in 2026
Effective July 1, 2026, Florida doubled the small estate asset limit to $150,000. Learn the essential requirements for Florida Summary Administration and how to avoid formal probate using this direct, fast-track judicial process.