One of the first things families often discover after a death is that the law does not treat everything a person owned in the same way.
A house may be treated differently from a bank account. A retirement account may pass directly to a beneficiary. A jointly owned property may never become part of the probate estate. A will may control some assets but have no effect on others.
So when a loved one dies, the first legal question is not simply : “Who inherits?”
It is:
What happens to each of the things the person left behind?
That question leads into probate, but probate is only part of the picture.
The estate begins with an inventory, not a distribution
Suppose someone dies owning a house, two bank accounts, an IRA, a life insurance policy, a car, and personal belongings.
It would be easy to imagine that all of those things are gathered together into one estate and then divided among the heirs.
Florida law does not work that neatly.
An account with a valid beneficiary designation may pass directly to the named beneficiary. Certain jointly owned property may pass to the surviving owner. Life insurance and retirement accounts can also transfer according to their beneficiary designations rather than through the probate process.
Other property may become part of the probate estate and have to be administered through the court system.
21This distinction can completely change what happens after a death.
It also explains why finding the will is only one part of the initial investigation. The ownership documents, deeds, account agreements, beneficiary designations, and other estate planning documents may be just as important.
The Florida Bar describes probate as the process of identifying and gathering probate assets, paying valid obligations, and distributing what remains to the people entitled to receive it.
A will tells the court what the deceased wanted. It does not eliminate the legal process.
A valid will is important, but it does not simply cause property to change hands the moment someone dies.
The will is presented to the probate court, and the person nominated to administer the estate generally becomes the personal representative once appointed and qualified.
Florida deliberately uses “personal representative” as the general legal term rather than relying on terms such as executor or administrator.
That person then has legal authority over the probate estate and corresponding responsibilities.
This is an important distinction for families.
Someone named in a will does not simply become the owner of the estate. The personal representative may first have to identify and protect the assets, determine what the estate owes, deal with creditors, resolve claims, and determine what can ultimately be distributed.
The will provides instructions. Probate is the legal machinery through which those instructions are carried out.
And if there is no will?
The absence of a will does not mean that everything becomes uncertain.
It means Florida’s intestacy laws determine who inherits the probate estate.
The result depends on the surviving family members. A surviving spouse, children, parents, and other relatives can have different rights depending on the circumstances.
Homestead can make the analysis even more unusual.
Florida law contains special rules for a deceased person’s homestead when a spouse and descendants survive. Under the applicable statute, the surviving spouse may receive a life estate with a vested remainder for the descendants, or may elect an undivided one half interest as a tenant in common, subject to the statutory requirements.
That is one reason the simple statement “the house goes to the children” can be legally misleading.
The person handling the estate is not simply carrying out family wishes
The personal representative occupies a fiduciary position.
Florida law gives the personal representative possession or control of much of the decedent’s property and requires reasonable steps to manage, protect, and preserve estate property until distribution. Protected homestead is treated separately.
That can put the personal representative in an unusual position.
The person may be a child, spouse, sibling, or other relative of the deceased. At the same time, that person is administering property that may ultimately belong to several different beneficiaries and may have to be used to satisfy creditors or other obligations first.
Family agreement does not eliminate those duties.
A personal representative who mishandles estate property can face personal consequences. Florida’s fiduciary rules can impose liability for losses resulting from a breach of duty.
This is also why the role can become complicated even when everyone initially gets along.
The estate may owe money before anyone receives an inheritance
Death does not erase a person’s outstanding obligations.
Probate can involve mortgages, taxes, medical expenses, credit accounts, business obligations, and other legitimate claims against the estate. Florida has specific procedures governing creditor claims, including deadlines for filing them.
Generally, claims must be filed within the statutory period, subject to exceptions and special rules. The personal representative is responsible for administering the estate in accordance with those requirements.
This creates an important distinction:
The value of an estate is not necessarily the same thing as the value of the inheritance.
An estate may own substantial property while also carrying substantial obligations.
The personal representative has to determine what remains after the legally required expenses and claims are addressed.
Not every estate needs the same kind of probate
This is where Florida’s probate system becomes more interesting than the familiar idea of “going through probate.”
Florida provides different procedures depending on the circumstances of the estate. Formal administration is the more extensive process, while summary administration provides an abbreviated procedure for qualifying estates.
And Florida changed the rules in 2026.
Beginning July 1, 2026, an estate can generally qualify for summary administration when the value of the estate subject to administration in Florida, after excluding property exempt from creditors’ claims, does not exceed $150,000. Summary administration can also be available when the decedent has been dead for more than two years. The previous threshold was $75,000.
That is a significant change for Florida families.
It also means that an older article telling readers that summary administration is limited to estates worth $75,000 or less may now be giving them outdated information.
There are additional small estate procedures as well. Florida law provides a limited route for disposition without administration in certain intestate estates involving qualifying personal property and other statutory conditions.
The point is not that every family should try to avoid probate.
The point is that the appropriate procedure depends on the estate in front of you.
Then there is the house
For many families, the most important asset is also the one most likely to produce difficult legal questions.
Florida homestead law has constitutional protections and statutory rules that can affect what happens to a home after its owner dies. Those rules can interact with a will, a surviving spouse’s rights, descendants, prior ownership arrangements, and the language of deeds executed during the owner’s lifetime.
A recent Broward County case illustrates how quickly this can become complicated.
In McFarlane v. Holness, decided by Florida’s Fourth District Court of Appeal on September 23, 2026, a surviving spouse challenged the treatment of a property as homestead after her husband’s death. The case involved an enhanced life estate deed, commonly called a Lady Bird Deed.
The appellate court did not decide who ultimately had the better claim to the property. Instead, it held that the trial court had improperly resolved the deed’s legal effect at the motion to dismiss stage and sent the case back for further proceedings.
That distinction is worth noticing.
The dispute was not simply about who was named in a document. It involved the nature of the deceased person’s ownership interest, the effect of a deed, and the surviving spouse’s potential homestead rights.
In other words, “Who gets the house?” can sometimes be the beginning of the legal question rather than the end of it.
What should the family do first?
There is no universal checklist, because every estate is different. But several questions should be answered before anyone starts distributing property:
Was there a will, trust, or other estate planning document?
How was each major asset owned?
Were beneficiaries named on financial accounts, insurance policies, or retirement accounts?
Was the deceased’s home protected homestead?
What debts, taxes, or other obligations remain?
Does the estate qualify for summary administration or another simplified procedure?
Who has authority to act for the estate?
And perhaps most importantly:
Has anyone started distributing property before determining what the estate actually owes and what procedure applies?
That last question can save a family from turning a manageable probate administration into a dispute.
What happens next depends on the estate
No single event can be called “what happens after someone dies.”
There is an investigation into ownership. There may be a will to probate. Someone may need to be appointed personal representative. Creditors may have claims. Property may need to be protected or sold. A surviving spouse may have statutory rights. Beneficiaries may disagree. A house may be subject to homestead rules that make an apparently simple inheritance considerably more complicated.
And sometimes the estate qualifies for a simplified procedure instead.
That is why the first useful step is usually not trying to predict the entire probate process from the family circumstances alone. It is determining what the deceased owned, how those assets were held, and which Florida rules apply to them.
Probate in Coral Springs and Broward County
For families in Coral Springs, Broward County, and throughout South Florida, these questions are governed by Florida’s probate statutes and rules, with the appropriate proceedings handled through the local court system.
A relatively simple estate may require little more than careful administration. Another may involve a contested will, a homestead dispute, competing beneficiaries, creditor claims, or questions about the personal representative’s conduct.
The difference is often found in the details of how the deceased owned the property and what happened before and after death.
When a Florida Probate Attorney Can Help
If you are dealing with an estate after the death of a parent, spouse, relative, or other loved one, the most important legal questions may not be obvious from the will itself.
A probate attorney can help determine which assets require administration, explain the responsibilities of the personal representative, address creditor and beneficiary issues, and identify problems involving real estate, homestead, or disputed estate property before they become more difficult to resolve.
Reinfeld & Cabrera P.A. represents clients in probate and estate matters in Coral Springs, Broward County, and throughout South Florida.
Questions People Often Ask
Does everything a person owns go through probate in Florida?
No. Certain assets can pass outside probate through beneficiary designations, survivorship arrangements, or other forms of ownership. Whether an asset is subject to probate depends on how it was owned and how it was designated.
Does a will avoid probate?
Generally, no. A will provides instructions for the distribution of probate assets, but those assets may still need to pass through the applicable probate process.
What is a personal representative?
A personal representative is the person or qualified institution appointed by the court to administer a probate estate. Florida uses this term instead of executor or administrator.
Is probate always necessary in Florida?
No. Florida has formal administration, summary administration, and other procedures for qualifying estates. The facts and assets of the estate determine which procedure may apply.
What changed to Florida’s probate law in 2026?
Among other changes, Florida increased the statutory threshold for summary administration from $75,000 to $150,000, effective July 1, 2026.
Can a personal representative be held personally responsible for mishandling an estate?
Yes. A personal representative has fiduciary duties and can be liable for losses resulting from a breach of those duties. The specific consequences depend on the conduct and circumstances involved.
Related Florida Probate Topics
What Is Summary Administration in Florida? The 2026 increase to $150,000 makes this a particularly timely subject for a dedicated article explaining eligibility, procedure, and the differences from formal administration.
What Happens to a House When Someone Dies in Florida? A deeper examination of homestead, surviving spouse rights, descendants, deeds, and disputes over inherited real estate.
What Assets Avoid Probate in Florida? A focused explanation of beneficiary designations, joint ownership, survivorship rights, trusts, and other methods by which assets may pass outside probate.
What Does a Personal Representative Do in Florida? A more detailed look at fiduciary duties, control of estate property, creditor claims, distributions, conflicts, and potential liability.
What Happens to Debts When Someone Dies in Florida? A dedicated article on creditor claims, mortgages, taxes, estate expenses, and the distinction between estate debts and personal liability.
How Long Does Probate Take in Florida? A separate piece could examine formal administration, summary administration, creditor periods, contested estates, and the factors that make some probate cases considerably longer than others.
How can you protect your finances during a divorce in Florida? Start by documenting your assets and debts, understanding which property qualifies as marital or nonmarital, and reviewing the financial consequences of any proposed settlement before signing.
To protect your interests during a Florida divorce:
Document your finances. Gather bank statements, tax returns, retirement account records, property documents, and outstanding debt information.
Understand your legal position. Identify which assets and liabilities may be marital before negotiating a settlement.
Avoid costly financial mistakes. Do not conceal assets or make questionable transfers that could damage your legal position.
Evaluate settlement terms carefully. Consider mortgage obligations, taxes, retirement benefits, and the practical consequences of your parenting plan.
Seek appropriate legal advice. Consult a qualified Florida divorce attorney before making major financial decisions or signing an agreement you do not fully understand.
The biggest divorce mistakes often begin with assumptions about what the law allows. Some spouses expect everything to be divided equally. Others believe that keeping the house automatically means keeping its full value, or that a divorce judgment removes their name from a joint mortgage.
Unfortunately, the legal system does not award compensation for misplaced confidence.
This guide explains how Florida divorce law works, which financial risks deserve attention, and what you can do to protect your interests. It also examines the decisions that should ideally happen before marriage, when financial arrangements are generally easier to negotiate and nobody has yet started arguing over who gets the dining room furniture.
1. The Most Important Advice Comes Before the Wedding
The best time to discuss financial protection during a marriage is often before the marriage begins.
That advice may arrive too late for someone already considering divorce. Still, it deserves attention because the decisions couples make before marrying can affect their finances for years.
Before getting married, discuss existing debts, income differences, property ownership, retirement savings, business interests, and expectations about future expenses. These conversations can reveal disagreements that might otherwise remain hidden until the relationship deteriorates.
Consider a prenuptial agreement
A prenuptial agreement can establish certain financial arrangements before marriage. Under Florida Statutes § 61.079, a premarital agreement must be written and signed by both parties. Florida law also establishes requirements and circumstances that can affect enforceability.
Depending on its terms and applicable law, an agreement may address the treatment of property, responsibility for certain obligations, and rights that would otherwise arise upon divorce.
It is not a magic document. An agreement may face a legal challenge if the circumstances surrounding its execution or the applicable statutory requirements create grounds for doing so. The Florida Supreme Court’s decision inCasto v. Casto, 508 So. 2d 330 (Fla. 1987), discusses circumstances in which a marital agreement may be challenged, including overreaching and issues involving financial disclosure.
A prenuptial agreement also cannot simply override every legal obligation involving children.
If you are already married, ask a Florida family law attorney whether a postnuptial agreement or another lawful arrangement could address your circumstances. Do not assume that an agreement signed after a dispute begins will have the same legal effect as one negotiated before marriage.
2. Understand What Florida Actually Divides
Florida follows an equitable distribution system. That does not mean a judge can divide everything however they please.
Under Florida Statutes § 61.075, the court must identify and set apart each spouse’s nonmarital assets and liabilities. It then determines how to distribute marital property and marital debts. Equal distribution is the starting point, although statutory factors can justify a different result.
The classification of property matters because ownership, timing, financial contributions, and other circumstances can affect how an asset is treated.
Marital property is not limited to items with both names on them
Depending on the circumstances, marital property can include assets acquired during the marriage, certain retirement benefits earned during that period, and increases in the value of particular assets.
An asset held in one spouse’s name is not automatically excluded from equitable distribution. Conversely, an asset acquired before marriage does not automatically become marital property simply because the couple later divorces.
Florida law contains specific rules for identifying marital and nonmarital assets. The details matter, particularly when one spouse owned a business before marriage or received an inheritance that was later mixed with marital funds.
Make a complete financial inventory
Start gathering records before negotiations become complicated. Keep lawful copies of relevant documents, including:
Bank and investment account statements.
Tax returns and income records.
Retirement plan statements and pension information.
Mortgage documents, property deeds, and home valuation records.
Business ownership documents and financial statements.
Credit card balances, personal loans, and other liabilities.
Records showing when property was acquired or inherited.
Florida’s Family Law Rule of Procedure 12.285 establishes financial disclosure requirements in many family law cases, subject to applicable exceptions and court orders.
Do not access accounts you are not authorized to use or obtain records through unlawful means. If important financial information is unavailable, ask your attorney about lawful discovery procedures.
Understand the difference between ownership and value
Suppose one spouse owns a business that increased in value during the marriage. The business’s original purchase price may tell only part of the story. Its current valuation, the source of the investment, the contributions made during the marriage, and the applicable legal classification may all matter.
The same principle applies to real estate and investment accounts.
A financial inventory should therefore identify both the asset and the evidence supporting its valuation. Guessing at values during settlement negotiations can leave you with a misleading picture of your actual financial position.
3. Do Not Hide Money or Drain Accounts
When a marriage breaks down, one spouse may be tempted to transfer money, withdraw large sums, sell property, or move assets into a relative’s name.
The distinction between ordinary spending and intentional dissipation matters.
InMiller v. Miller, 2016, Florida’s Fourth District Court of Appeal explained that a finding of dissipation requires evidence of intentional misconduct. Ordinary mismanagement or spending that a spouse simply dislikes does not automatically satisfy that standard.
The case is a useful reminder that suspicious spending and legally established dissipation are not the same thing.
What should you do if money appears to be disappearing?
Preserve the records you can lawfully access. Make a note of unexplained withdrawals or transfers, including dates and amounts. Keep copies of account statements and other relevant documents.
Avoid retaliatory financial decisions. Emptying an account because you suspect your spouse has done the same thing can complicate your position rather than protect it.
If you believe assets are being concealed or deliberately depleted, discuss the evidence with your attorney. Depending on the circumstances, the appropriate response may involve formal financial disclosure, discovery, or a request for court intervention.
A practical example
Imagine that a couple has joint savings of $80,000. During the breakdown of the marriage, one spouse transfers $30,000 to an undisclosed account and refuses to explain the transaction.
That transfer deserves investigation. However, the legal outcome depends on the source of the money, the purpose of the transfer, the available evidence, and the applicable law.
A transfer made to conceal marital funds is different from a documented payment for legitimate household expenses. Establishing the facts is more useful than making accusations without supporting evidence.
The decision inRabbath v. Farid, 34 So. 3d 1270 (Fla. 1st DCA 2009) illustrates how financial evidence, allegations of concealed assets, and questions about income can become significant in divorce litigation. The court also emphasized the need for adequate evidentiary support when determining income for support awards.
4. Think Carefully Before Giving Up the Marital Home
For many couples, the family home is their most valuable asset. It can also be their largest financial obligation.
The decision to keep or leave the property should not be based exclusively on emotional attachment or the desire to maintain familiar surroundings.
Before agreeing to keep the house, determine its approximate market value. Obtain the current mortgage balance and estimate the costs of ownership, including insurance, property taxes, maintenance, and any applicable association fees.
Then calculate the equity.
For example, a home valued at $500,000 with a $300,000 mortgage has approximately $200,000 in gross equity before selling costs or other adjustments. That does not mean either spouse can automatically claim $100,000. The legal classification of the property and the overall settlement affect the analysis.
Keeping the house does not necessarily mean you can afford it
A settlement might award the home to one spouse while requiring that spouse to compensate the other for an agreed share of the equity.
That arrangement may work if the spouse retaining the property can refinance the mortgage or otherwise meet the financial obligations. It can become a problem if the necessary financing is unavailable.
If both spouses remain borrowers, the lender may still pursue either borrower according to the loan agreement. A promise in a divorce settlement is not the same as a release from the lender.
Compare your options before deciding
Depending on the circumstances, the options may include selling the property and dividing the proceeds, refinancing so one spouse retains the home, or negotiating another arrangement that accounts for the property’s value and associated obligations.
Florida law also addresses credits and setoffs associated with the marital home. Florida Statutes § 61.077 identifies factors relevant to these issues, including possession of the property and certain housing expenses.
The right decision depends on the numbers and the legal circumstances. A house that looks like a valuable settlement asset can become a financial burden if the mortgage and maintenance costs exceed what the new household can reasonably afford.
5. Understand Child Support and Alimony Separately
Support payments can significantly affect both spouses’ financial futures. They should be evaluated separately from property division.
Alimony depends on the applicable legal standards
Florida law recognizes several forms of alimony, including temporary, bridge the gap, rehabilitative, and durational alimony. The applicable requirements and potential award depend on the circumstances described in Florida Statutes § 61.08.
A spouse should not assume that alimony is automatic after a long marriage. Nor should a higher earning spouse assume that support can never be awarded to someone who has an independent income.
The court considers statutory factors when determining whether an award is appropriate. Relevant considerations include the parties’ financial circumstances and the duration of the marriage.
Florida’s 2023 legislative reforms eliminated permanent alimony for new awards. Current law governs the forms of alimony available in a particular proceeding.
Before agreeing to a settlement, examine the proposed payment amount and duration. Consider how your income, housing costs, employment prospects, and other obligations may change after the divorce.
Child support follows separate rules
Child support is calculated under the guidelines in Florida Statutes § 61.30. The calculation considers factors including parental income and other legally relevant information.
Parents should not assume that the person with less time sharing will necessarily receive a particular amount. Nor should they treat support as a reward for one parent or a penalty against the other.
A parenting arrangement and a support obligation address different legal questions. Under Florida Statutes § 61.13, parenting plans and time sharing are governed by the child’s best interests and the applicable statutory framework.
Do not agree to an informal financial arrangement that leaves major questions unresolved. If a support order already exists, follow it unless it is modified through an appropriate legal process.
Account for taxes
Support and property transfers can have different federal tax consequences.
The Internal Revenue Service’s guidance on filing taxes after divorce or separation explains several issues that can arise, including the treatment of child support and certain property transfers. For divorce or separation agreements executed after 2018, alimony generally is not deductible by the payer or taxable to the recipient for federal income tax purposes.
Do not assume that a settlement’s stated dollar amounts represent their full economic value. If a proposed agreement involves substantial property or support payments, ask a qualified tax professional to evaluate the consequences.
6. Protect Your Relationship With Your Children
When children are involved, decisions made during divorce can affect family life long after the legal proceedings end.
Florida uses the term time sharing rather than relying exclusively on the older concept of custody. Parenting plans address the schedule and the responsibilities each parent will undertake.
Under Florida Statutes § 61.13, the child’s best interests are central to parenting decisions. The statute establishes a rebuttable presumption that equal time sharing is in the child’s best interests, subject to the law’s requirements and the facts of the case.
That presumption does not mean every family will receive an identical schedule. A child’s needs and the parents’ circumstances remain important.
Make the parenting plan specific
A workable plan should address ordinary practical questions. Where will the child stay during the school week? How will holidays be divided? Who will handle school decisions and medical appointments? What happens when a parent needs to change the schedule?
The more precisely an agreement addresses foreseeable situations, the less room there may be for disputes about its meaning.
A parent should also avoid making promises about a schedule that they cannot realistically maintain. Travel time, employment hours, school commitments, and the child’s needs all affect whether a proposed arrangement is workable.
Do not use the child as a negotiating tool
Withholding time sharing because support payments are late can violate an existing order. Florida law addresses the independence of these obligations in § 61.13(4).
Likewise, a parent should not stop paying court ordered support because the other parent has failed to follow the schedule. Seek legal enforcement or modification rather than attempting to resolve the dispute through retaliation.
If safety concerns exist, document them and seek appropriate legal advice. The child’s welfare must remain central to the response.
7. Do Not Sign a Settlement You Do Not Understand
A settlement can resolve disputes without requiring every issue to be decided at trial. However, signing an agreement without understanding its consequences can create problems that are difficult or expensive to correct.
Read the proposed agreement carefully. Make sure the financial terms match the parties’ intentions and that the document addresses the obligations each person will assume.
Check the details behind the headline numbers
A proposed settlement might award one spouse the house and the other spouse a retirement account. The apparent values could be similar, yet the assets may have very different tax implications, liquidity, and future costs.
Before agreeing, consider:
Whether the property valuations are reliable.
Whether the proposed division accounts for outstanding debts.
Whether retirement assets require a qualified domestic relations order.
Whether a mortgage lender must approve refinancing or another change.
Whether the agreement establishes clear deadlines and enforcement mechanisms.
Whether the support provisions reflect the parties’ actual circumstances.
The IRS guidance on retirement plans and divorce explains that many employer sponsored retirement plans require a qualified domestic relations order, commonly called a QDRO, before benefits can be paid to a former spouse.
A divorce judgment alone may not complete the administrative steps required to divide a retirement account. Ask the plan administrator and your legal adviser what documents are necessary.
Do not confuse an agreement with a completed transaction
Suppose a settlement states that one spouse will retain the home and take responsibility for the mortgage. If the loan remains in both names, the other spouse may still face financial exposure.
The agreement may create obligations between the former spouses, but it does not necessarily change the lender’s rights. Similar implementation problems can arise with vehicle loans, joint credit accounts, and retirement benefits.
A settlement should explain how these obligations will be completed. Where necessary, it should establish realistic deadlines and address what happens if a required transaction cannot be completed.
If you do not understand a provision, ask questions before signing. A short delay to clarify an obligation is usually preferable to discovering its meaning after the agreement becomes binding.
8. Common Divorce Mistakes That Can Cost You
Some financial mistakes are obvious. Others arise from seemingly reasonable decisions made without understanding their legal consequences.
Moving out without considering the practical consequences
Moving out does not automatically mean you surrender ownership of the home. However, leaving can affect household expenses, access to personal belongings, and the practical arrangements surrounding children.
Before making a major change, consider the immediate financial implications and obtain advice if ownership or parenting issues are disputed.
Do not remain in an unsafe environment merely to protect a financial position. Safety concerns require appropriate action and should take priority.
Making major purchases or taking on new debt
Large discretionary purchases during a separation can complicate the financial picture. The effect depends on the source of funds, the timing, the purpose, and the applicable legal standards.
Avoid assuming that your spouse will automatically be responsible for a debt simply because it was incurred during the marriage. Ask your attorney how the obligation may be classified and addressed.
Ignoring retirement savings
Retirement accounts can represent a substantial portion of a couple’s accumulated wealth. Focusing exclusively on the house or bank accounts may leave important assets out of settlement discussions.
Review the account balance and the legal classification of the benefits. If an employer sponsored plan is involved, confirm the process for implementing any agreed division with the plan administrator and review the IRS guidance on QDROs.
Overlooking the cost of starting over
The financial effect of divorce does not end when assets are divided. Each household may need to cover separate housing costs, utilities, insurance, transportation, and other expenses.
Prepare a realistic post divorce budget before accepting a settlement. Include recurring costs and reasonable contingency funds. A settlement that looks attractive on paper may not provide enough cash flow to support your actual needs.
Treating litigation as a contest to win at any cost
Some disputes require a judge to make a decision. Others can be resolved through negotiation or mediation.
The objective should be a legally sound outcome that protects your interests. Spending substantial sums to contest an issue with limited financial significance may be counterproductive.
That does not mean you should accept an unfair agreement simply to avoid conflict. It means evaluating the likely costs, benefits, evidence, and alternatives before choosing how to proceed.
9. How to Approach the Divorce Process
A structured approach can help you make better decisions under pressure.
Step 1: Establish your financial baseline.
List your income, regular expenses, assets, and debts. Gather records showing account balances and ownership. Identify missing information that needs to be obtained lawfully.
Step 2: Identify the urgent issues.
Consider housing, access to funds, ongoing household bills, parenting arrangements, and any immediate safety concerns. Ask a lawyer whether temporary court orders or other protective measures may be appropriate.
Step 3: Understand the applicable legal rules.
Review how equitable distribution, support, and time sharing may apply to your situation. Florida’s Chapter 61 statutes provide the statutory framework for dissolution of marriage and related matters.
One spouse must generally have resided in Florida for at least six months before the petition is filed, as provided by Florida Statutes § 61.021.
Step 4: Evaluate negotiation and mediation.
Consider whether the disputed issues can be resolved through negotiation. Mediation may help the parties explore settlement options with the assistance of a neutral mediator.
Mediation does not guarantee agreement. It also does not eliminate the need to understand the legal and financial implications of any proposed settlement.
Step 5: Review the proposed outcome in practical terms.
Calculate what you are likely to own and owe after the divorce. Consider housing expenses, support obligations, taxes, retirement benefits, and the time required to complete transactions.
Step 6: Confirm that the agreement is implemented.
After the judgment, complete any necessary transfers, refinancing, account changes, or retirement plan paperwork. Review deadlines and preserve copies of the final documents.
An agreement is only as useful as the practical arrangements that carry it out.
10. When Professional Legal Help Matters Most
Not every divorce requires the same level of legal intervention. A straightforward, uncontested case may involve fewer disputed issues than a divorce involving a business, substantial property, hidden assets, or complex parenting concerns.
Legal advice becomes particularly important when you cannot determine which assets are marital, when financial disclosures appear incomplete, or when a proposed agreement could affect your long term financial security.
A lawyer can help you understand the applicable law and identify issues that deserve closer examination. A financial professional or tax adviser may also be useful when the settlement involves complicated assets or significant tax consequences.
If you cannot afford full representation, ask whether limited scope legal services or other assistance may be available. Do not assume that the only options are full representation or handling every issue alone.
The Florida Courts’ family law resources provide information for people navigating family law matters. These resources can help you understand court procedures, although they do not replace advice about your particular circumstances.
11. The Final Checklist Before You Commit
Before filing for divorce or agreeing to settlement terms, review the following questions.
Have you gathered reliable records of your assets and debts?
Do you understand which property may be classified as marital?
Have you reviewed the mortgage and other joint financial obligations?
Have you considered retirement accounts and any required QDRO?
Do you understand the potential effect of alimony and child support?
Is the parenting plan realistic for your family’s circumstances?
Have you reviewed the tax implications of the proposed settlement?
Are there unexplained transfers or missing financial records that require investigation?
Does the agreement establish clear obligations and deadlines?
Have you obtained legal advice about provisions you do not understand?
You do not need to answer every question immediately. You do need to recognize which questions remain unresolved before making an irreversible decision.
Frequently Asked Questions About Conducting a Divorce in Florida
1. Does Florida automatically divide marital property equally?
Equal distribution is the starting point under Florida Statutes § 61.075. A court may order an unequal distribution when justified by the relevant statutory factors. The classification of property as marital or nonmarital must also be addressed.
2. Can my spouse take half of everything I own?
Not automatically. Florida law distinguishes marital property from nonmarital property. Assets acquired before marriage, inheritances, gifts, and property that has been mixed with marital assets may require closer examination. The outcome depends on the applicable legal rules and the evidence.
3. Can I keep the house if I get divorced?
Possibly. The spouses may negotiate for one person to retain the property, or a court may address the home as part of the proceedings. The arrangement must account for the property’s value and associated obligations. If the mortgage remains in both names, the other borrower may remain liable to the lender unless the loan is changed or the lender releases that borrower.
4. Can I be required to pay alimony in Florida?
Yes, when the applicable legal requirements are satisfied. Florida law permits several forms of alimony under § 61.08. Whether an award is appropriate depends on the parties’ circumstances and the statutory factors.
5. Does equal time sharing mean neither parent pays child support?
No. Parenting arrangements and child support are separate legal questions. Support is determined under the applicable guidelines in Florida Statutes § 61.30, while parenting decisions are governed by the law addressing the child’s best interests.
6. What happens if my spouse hides money during a divorce?
You can raise the issue through appropriate legal procedures and seek the relevant financial records. A court may consider intentional dissipation of marital assets when determining equitable distribution under § 61.075. The evidence must support the claim, and suspicious activity does not automatically establish wrongdoing.
7. Should I sign a divorce settlement to avoid going to court?
Only after you understand the agreement and its consequences. Settlement can reduce conflict and legal expense, but an agreement that leaves important obligations unresolved may create problems later. Obtain legal advice when the terms are unclear or the financial consequences are significant.
8. How long do I have to live in Florida before filing for divorce?
Generally, one spouse must have resided in Florida for at least six months before filing the petition for dissolution of marriage. This requirement appears in Florida Statutes § 61.021.
Considering Divorce in Coral Springs or Broward County?
If you are unsure what divorce would mean for your family, finances, or future, a consultation can help you understand your options before you file. Contact My Personal Attorneys to discuss your circumstances with a Florida family law attorney.
You cannot control every outcome of a divorce. You can take steps to understand your position before committing to a settlement.
Once you understand what is at stake, proceeding without appropriate advice is a risk you should take with your eyes open.
Do You Have to Pay a Deceased Parent’s Debts in Florida?
No. In Florida, children generally do not have to pay a deceased parent’s debts from their own money simply because they are family members. Valid debts are usually paid from the deceased parent’s estate during probate. If the estate lacks sufficient assets, unpaid debts do not automatically become the children’s personal responsibility.
The estate: Generally pays valid debts from available estate assets.
The personal representative: Handles creditor claims and pays debts according to Florida probate law.
The children or other heirs: Generally are not personally liable unless a separate legal obligation applies.
Secured creditors: May retain rights against property securing a debt, such as a mortgaged home.
When must you pay a deceased parent’s debt?
You may be personally responsible if you:
Co-signed a loan or other credit agreement.
Are legally liable for a joint credit account.
Separately agreed to assume the debt.
Received an improper estate distribution that you may be legally required to return.
Inheriting property does not automatically make you personally responsible for every debt your parent owed. However, a mortgage or another valid lien may remain attached to inherited property.
If a credit card company, hospital, or debt collector contacts you after your parent’s death, determine whether the claim is against the estate or against you personally. A demand for payment does not, by itself, establish that you owe the debt.
Who Pays a Parent’s Debts After Death?
In most cases, the deceased person’s estate is responsible for valid debts. The estate consists of assets and property available to settle the deceased person’s affairs under the applicable law.
When a Florida probate case is opened, the personal representative is responsible for administering the estate. This includes identifying assets, reviewing creditor claims, paying obligations in the legally required order, and distributing any remaining property to beneficiaries.
The personal representative does not automatically become personally liable for the deceased person’s debts. Their role is to handle the estate according to Florida law.
Consider a parent who dies with $25,000 in credit card debt and leaves $10,000 in available estate assets. The credit card company may seek payment from the estate, but the deceased person’s child does not automatically owe the remaining $15,000. If the estate cannot cover all its valid debts, some creditors may receive partial payment or nothing at all.
This is the general rule described by the Federal Trade Commission. The important exceptions arise when a relative has an independent legal obligation or when estate property has been handled improperly.
When Can You Be Personally Responsible for a Parent’s Debt?
Your relationship with the deceased does not ordinarily make you responsible for their debts. Certain financial arrangements, however, can create personal liability.
You co-signed a loan
If you co-signed your parent’s car loan or personal loan, you may remain responsible for the balance after their death. Your obligation comes from the agreement you signed, not from being their child.
Review the contract before assuming you owe the balance. If a creditor claims you co-signed an account and you dispute that assertion, ask for documentation supporting its position.
You were a joint account holder
A person who is legally responsible for a joint credit account may remain liable after the other account holder dies. That situation differs from being an authorized user on someone else’s credit card. An authorized user generally does not become responsible for the debt solely by having permission to use the account.
If a collector says you owe the balance, ask which agreement or account status creates that obligation.
You agreed to assume the debt
You may have a separate obligation if you signed a contract or made an enforceable agreement to pay the debt. Helping a parent manage their finances, handling paperwork after their death, or being named in their will does not by itself establish personal liability.
This distinction matters when a family member has been helping with a parent’s care or finances for years. Managing someone else’s bills is not the same as agreeing to become the borrower.
You mishandled estate assets
A separate issue arises if you receive money from an estate before the applicable debts and expenses have been addressed.
Florida Statutes § 733.812 allows recovery of certain improper distributions. Depending on the circumstances, a beneficiary may have to return property or funds distributed improperly. A personal representative may also face liability for failing to perform their legal duties.
That does not mean every mistake makes a child responsible for all a parent’s debts. It does mean that anyone distributing estate property should understand which claims must be addressed first.
What Happens If the Estate Cannot Pay All Its Debts?
When an estate has insufficient assets to pay every valid claim, Florida law determines which obligations receive payment first.
Under Florida Statutes § 733.707, estate expenses and obligations are divided into statutory priority classes. Administration expenses come first, followed by specified funeral and interment expenses. Other categories include certain preferred debts and taxes, qualifying medical expenses from the final illness, and other claims.
Ordinary unsecured debts generally fall behind claims with higher statutory priority. If the estate cannot pay all claims within a class, the available funds may have to be distributed proportionately among those claims.
For example, suppose a parent leaves a small bank account but owes substantially more than the account contains. The personal representative cannot necessarily pay whichever creditor calls first. They must evaluate the claims and follow the applicable payment priorities.
An estate with insufficient funds does not automatically pass the shortfall to the children. The result depends on the assets available, the claims filed, and any separate legal obligations held by family members.
For families in Broward County, this is one reason to be cautious about paying a creditor immediately just because it demands payment. The estate’s financial position and the applicable priorities need to be reviewed first.
How Long Do Creditors Have to Claim a Debt in Florida?
Florida law establishes deadlines for claims against a deceased person’s estate. Missing the applicable deadline can prevent a creditor from enforcing its claim against the estate.
Under Florida Statutes § 733.702, the usual deadline is three months after the first publication of the notice to creditors. For a creditor required to receive individual service, the deadline is generally 30 days after service if that date falls later.
A separate provision, § 733.710, generally bars claims against the estate, personal representative, and beneficiaries two years after the person’s death, subject to the statute’s exceptions. It also preserves certain recorded mortgages and security interests.
These deadlines should not be treated as interchangeable. The relevant dates, the creditor’s status, and the type of claim can affect the result. A creditor who was known or reasonably ascertainable but did not receive required notice may raise a different legal issue from one that had proper notice.
If you are administering an estate, keep records of creditor communications and obtain legal advice before deciding that a claim is too late to matter.
Can a Debt Collector Make You Pay Your Parent’s Bills?
A debt collector cannot make you personally responsible for a parent’s debt simply by demanding payment. If you did not co-sign the obligation, become legally responsible for the account, or otherwise incur liability, being the deceased person’s child is generally not enough.
Federal law also restricts how debt collectors communicate about deceased consumers’ debts. Collectors may contact certain people to locate the person authorized to administer an estate. That does not give them permission to misrepresent who owes the money.
If a collector insists that you must pay, ask for the legal basis of that claim. Keep copies of letters and messages, and make a record of calls where appropriate. If the collector threatens to sue you personally, or continues to demand payment despite a clear dispute about your liability, consider seeking legal advice.
Do You Have to Use Your Inheritance to Pay a Parent’s Debts?
Not necessarily. The answer depends on how the property passes to you, whether it is available to satisfy estate claims, and whether a lien or another legal obligation applies.
Some assets pass directly to a named beneficiary rather than through the ordinary probate process. Life insurance with a valid beneficiary designation is a common example. Other assets may be part of the probate estate and subject to its administration.
The distinction is important, but it does not mean that every asset passing outside probate is automatically protected from every creditor. Florida law includes specific rules governing creditor claims, trusts, and exempt property. The result can depend on the ownership arrangement and the type of asset involved.
If you expect to receive money or property from a parent’s estate, establish how the asset passes before assuming that it must be used to pay a debt—or that creditors have no possible claim against it.
What If You Inherit a House With a Mortgage?
Inheriting a home does not necessarily eliminate the mortgage or another valid lien attached to the property. A lender may retain enforcement rights even after the borrower dies.
Florida’s two-year limitation on certain estate claims expressly preserves specified recorded mortgages and security interests. A deadline that bars an ordinary claim does not automatically remove a mortgage lien.
The property’s status under Florida homestead law can also affect the probate process and the rights of surviving family members. Protected homestead property is treated differently from other estate assets. Whether a particular home qualifies depends on the facts and applicable legal requirements.
Before selling, transferring, or making major financial decisions about an inherited home, determine whether a mortgage or another lien remains in place. It is also important to establish how ownership passes and whether any homestead protections apply.
Can Creditors Take Money From a Living Trust?
A living trust does not automatically make every asset unavailable to creditors after the person who created it dies.
Florida Statutes § 736.0505 addresses creditor claims against a trust settlor. The law generally makes property in a revocable trust subject to the settlor’s creditors during the settlor’s lifetime to the extent the property would not otherwise be exempt if owned directly. Florida probate law also contains provisions addressing certain trust assets when the probate estate is insufficient to pay expenses and obligations.
The outcome depends on the trust’s terms, the assets it holds, applicable exemptions, and the circumstances of the estate. A trust can affect how property is transferred and administered, but its existence alone does not establish that creditors have no rights.
If your parent used a revocable living trust, review the trust documents and determine whether any statutory obligations apply before assuming the assets are beyond the reach of valid claims.
Are There Special Rules for Medicaid and Medical Debts?
Medical bills are generally handled as claims against the deceased person’s estate. A child does not automatically become responsible for a parent’s medical expenses simply because they are related.
Florida also has a Medicaid Estate Recovery Act. Under Florida Statutes § 409.9101, the state may pursue recovery for qualifying Medicaid assistance provided after the recipient reached age 55, subject to applicable federal and state requirements.
The law contains exceptions and protections. The type of property involved can also affect whether recovery is available. If the estate received Medicaid benefits, or if a substantial medical claim appears after a parent’s death, it is worth determining exactly what kind of claim has been made.
A private medical bill and a Medicaid estate recovery claim are not the same thing. Each must be assessed under the rules that apply to it.
What Should You Do Before Paying a Parent’s Debt?
If a creditor contacts you after a parent’s death, take a moment to establish what is being requested and why.
Find out who owes the money. Ask whether the creditor is making a claim against the estate or alleging that you are personally liable.
Review any agreement you signed. A co-signed loan or joint credit obligation may create liability that a family relationship alone would not.
Keep estate money separate from your own. If you are the personal representative, do not distribute estate assets or pay selected creditors before understanding the applicable probate rules.
Do not ignore formal notices. A demand letter is different from a court document. If you receive legal papers, pay attention to the stated deadlines.
If the claim is disputed, the estate has limited assets, or an inherited home is involved, get advice before committing your own money. A payment made under pressure can complicate an already difficult situation.
When Should You Speak With a Probate Attorney?
Legal guidance can be especially useful when the estate has insufficient assets, a creditor disputes the handling of its claim, or family members disagree about whether property should be sold or distributed.
An attorney can review the estate’s assets and liabilities, determine which creditor deadlines apply, and help the personal representative follow Florida’s payment priorities. Advice may also be necessary when a family home is involved or a trust holds substantial property.
Families in Coral Springs and elsewhere in Broward County may need to determine which assets are available to pay creditors, whether a claim was filed on time, and whether an heir has any personal responsibility for the balance. A probate attorney can review those questions under Florida law before the family pays a disputed debt or distributes estate property.
Children generally do not become personally responsible for a parent’s debts simply because the parent dies. Valid debts are usually handled through the estate, although a child may be liable under a separate agreement, such as a co-signed loan.
Can a credit card company make me pay my deceased parent’s credit card debt?
Generally, no, unless you have an independent legal obligation, such as liability as a joint account holder or under a separate agreement. The company may still submit a valid claim against the parent’s estate through the applicable probate process.
What happens if my parent dies with more debt than assets?
The estate’s assets are used to pay valid claims according to Florida’s statutory priorities. If the estate cannot pay every claim, lower-priority creditors may receive partial payment or nothing. A child does not automatically have to cover the shortfall with personal funds.
Do I have to use my inheritance to pay my parent’s debts?
Not automatically. The answer depends on whether the asset is part of the probate estate, how it passes to you, and whether any lien or other legal obligation applies. Some assets pass directly to beneficiaries, but that does not guarantee protection from every creditor claim.
Can I keep my parent’s house if they still owe a mortgage?
Possibly, but inheriting the house does not automatically remove the mortgage. The lender may retain rights against the property. The outcome depends on the loan, the property’s ownership and homestead status, and the circumstances of the inheritance.
How long do creditors have to claim a debt after someone dies in Florida?
The usual probate claim deadline is three months after the first publication of the notice to creditors. For a creditor entitled to individual service, the deadline is generally 30 days after service if that date falls later. Florida also has a separate two-year limitation measured from death, subject to statutory exceptions. The correct deadline depends on the claim and the circumstances.
Can I be sued for distributing my parent’s money before paying creditors?
Potentially. If you receive an improper distribution from an estate, Florida law may permit recovery of the property or funds. A personal representative may also face consequences for failing to follow their legal duties. The outcome depends on the facts and the applicable statutes.
Does a living trust protect my parent’s assets from creditors?
Not automatically. Florida law allows certain creditor claims involving revocable trusts, and some trust assets may be subject to estate obligations when probate assets are insufficient. The trust documents and applicable law must be reviewed to determine what protections exist.
Can Florida Medicaid recover money after a parent dies?
In some cases. Florida’s Medicaid Estate Recovery Act allows recovery for qualifying Medicaid assistance provided after the recipient reached age 55, subject to legal requirements and exceptions. Whether recovery can be made from particular property depends on the facts and applicable protections.
This article provides general information about Florida law and is not legal advice for a specific estate or debt. Deadlines, exemptions, and personal liability depend on the facts of the case.
