Tag: Florida Law

Navigating the Medicaid 5-Year Lookback Rule Without Losing the Family Home

Posted on | by Yash Sareen
Executive desk displaying a Florida Elder Law book, estate plan folder, scale model home, and senior couple photo representing Medicaid asset protection.

Quick Answer: The Florida Medicaid 5-Year Lookback Rule allows the Department of Children and Families (DCF) to review all financial transactions and asset transfers made within 60 months prior to applying for Nursing Home Medicaid. Gifting real estate or transferring home ownership below fair market value triggers severe penalty periods of Medicaid ineligibility.

However, homeowners can legally shield their residence from long-term care costs and Medicaid Estate Recovery (MERP) through statutory exceptions—such as the Caregiver Child Exemption, spousal transfers, Medicaid Asset Protection Trusts (MAPTs) created outside the 5-year window, or Lady Bird Deeds that bypass probate without violating lookback rules.

1. How the Florida Medicaid 5-Year Lookback Rule Operates

When an individual applies for Institutional Care Program (ICP) Medicaid in Florida, the state evaluates both income and countable assets. To prevent applicants from gifting away assets to qualify for state benefits, Florida enforces a strict 60-month “lookback” period.

  • Month 60 to Application Date: The window of scrutiny evaluated by the state.
  • Uncompensated Asset Transfer: Any transfer of property, cash, or real estate for less than fair market value during this 60-month window.
  • Penalty Period Enforcement: DCF calculates a period of Medicaid ineligibility based on the total value of the uncompensated transfer.

The Penalty Period Calculation

If the Florida Department of Children and Families (DCF) discovers an uncompensated transfer within the 60 months preceding the application date, DCF imposes a penalty period during which the applicant is disqualified from Medicaid coverage.

During this penalty period, the applicant must pay for nursing home care entirely out-of-pocket—often exceeding $10,000 to $12,000 per month in South Florida facilities—before Medicaid coverage can begin.

Is the Primary Residence a Countable Asset?

In Florida, a primary residence homestead is generally considered an exempt asset for initial Medicaid eligibility if the applicant’s equity interest does not exceed the state’s maximum equity limit and the applicant indicates an “intent to return home” on the application.

However, holding a primary residence as an exempt asset during life does not protect it after death. Without proactive legal structuring, the home remains vulnerable to post-death creditor claims by the state.

2. The Threat of Medicaid Estate Recovery (MERP)

Qualifying for Medicaid during life is only half the battle. Under Fla. Stat. § 409.9101, Florida operates the Medicaid Estate Recovery Program (MERP). Upon the Medicaid recipient’s death, the state becomes a creditor against their probate estate to recoup every dollar paid out for long-term care services.

  • Property Titled in Deceased’s Name Alone: Passes through formal probate administration, allowing MERP to execute claims and attach liens to force a sale.
  • Property Structured Outside Probate: Passes directly to designated heirs via deed or trust, completely avoiding probate administration and blocking MERP claims.

If the home passes through formal probate administration, the state can attach a lien to the real estate, forcing heirs to sell the property to satisfy the Medicaid debt. Protecting the family home requires strategies that insulate the residence during the lookback analysis while simultaneously ensuring the home bypasses probate court at death.

3. Statutory Exceptions and Exemption Strategies

Florida Medicaid rules contain explicit statutory safe harbors that permit home transfers within the 5-year window without triggering a penalty period.

Transfer Strategy / ExemptionLookback Penalty StatusPrimary Legal Advantage
Transfer to Surviving SpouseFully ExemptPreserves full ownership for the well spouse (Community Spouse) without penalty.
Caregiver Child ExemptionFully ExemptTransfers home title directly to an adult child who provided in-home care.
Transfer to Disabled ChildFully ExemptProtects property for a child verified as permanently disabled under SSI/SSDI rules.
Lady Bird Deed (Enhanced Life Estate)Fully ExemptRetains lifetime control, avoids probate, and blocks MERP claims.
Medicaid Asset Protection Trust (MAPT)Subject to 5-Year LookbackMust be executed >60 months prior to application; provides total asset protection.

The Caregiver Child Exemption

Under Florida Medicaid guidelines, an applicant can transfer full title of the homestead to their adult child without incurring a transfer penalty if specific conditions are met:

  • The adult child lived in the parent’s primary residence for at least two consecutive years immediately prior to the parent’s admission to a nursing home or long-term care facility.
  • The child provided documented care that permitted the parent to reside safely at home rather than in a medical care facility during those two years.
  • The care provided is verified through medical records, physician attestations, and detailed care logs.

Spousal Transfers and Community Spouse Resource Allowance (CSRA)

Transferring the primary residence to a Community Spouse (the spouse who remains living in the community) is completely exempt from the 5-year lookback rule. The well spouse can receive full title to the home without impacting the institutionalized spouse’s Medicaid application.

Lady Bird Deeds (Enhanced Life Estate Deeds)

A Florida Lady Bird Deed allows a property owner to retain an enhanced life estate (including full rights to sell, mortgage, or revoke the deed) while designating remainder beneficiaries who inherit the property automatically at death.

  • Why it passes lookback scrutiny: Because the owner retains full control to revoke the deed during life, recording a Lady Bird Deed is not classified as a completed uncompensated gift by Florida DCF.
  • Why it blocks MERP: The property transfers automatically upon death outside of probate administration, effectively shielding the homestead from state estate recovery claims under Fla. Stat. § 409.9101.

4. Real-World Execution Scenarios

Scenario A: Proactive Planning (7 Years Before Long-Term Care Needs)

  • Profile: A 70-year-old homeowner in Broward County with early-stage health concerns wants to protect her home valued at $500,000 for her two adult children.
  • Strategy: The homeowner executes a Medicaid Asset Protection Trust (MAPT) and deeds her home into the irrevocable trust.
  • Outcome: Because the transfer occurred more than 60 months before she ever required nursing care, the 5-year lookback window expires cleanly. The home is completely sheltered from long-term care costs, and she retains the right to live in the home for life.

Scenario B: Emergency Crisis Planning (Immediate Nursing Home Admission)

  • Profile: An 82-year-old widower suffers a severe stroke and requires immediate, permanent placement in a Coral Springs skilled nursing facility. He has lived with his adult daughter for the past three years, during which she managed his daily medical needs.
  • Strategy: His legal team gathers medical documentation and physician certifications establishing the Caregiver Child Exemption, while simultaneously executing a Lady Bird Deed as a secondary safeguard.
  • Outcome: The home is transferred directly to the daughter without triggering a Medicaid penalty period, preserving the home from immediate spend-down and future Medicaid estate recovery.

Frequently Asked Questions

Can Medicaid take my home while I am still alive in Florida?

No. Florida law does not allow Medicaid to place a lien on or seize your primary residence while you are alive, provided your equity remains under the state limit and you state an intent to return home. Threat of home loss occurs after death through the Medicaid Estate Recovery Program (MERP) during probate administration.

Does executing a Lady Bird Deed trigger a 5-year lookback penalty?

No. Because a Florida Lady Bird Deed allows you to retain total unilateral control to sell, refinance, or revoke the conveyance during your lifetime, Florida DCF does not treat it as a completed gift or uncompensated transfer. It does not trigger a Medicaid penalty period.

What evidence is required for the Caregiver Child Exemption in Florida?

Florida DCF requires clear written proof, including:

  • Proof of joint residency (such as tax returns, driver’s licenses, or utility bills) covering the two years prior to facility admission.
  • A signed written statement from the treating physician confirming that the care provided by the adult child allowed the parent to remain safely at home instead of entering a nursing facility.

Protect Your Family Home and Assets Before a Crisis Strikes

Navigating Florida Medicaid rules and protecting your real estate from long-term care costs requires proactive, highly technical legal planning. A single misstep with uncompensated asset transfers or failing to structure your property outside of probate can expose your family home to devastating out-of-pocket nursing home expenses and Medicaid Estate Recovery liens.

Do not leave your family’s legacy vulnerable to the uncertainties of the 5-year lookback window. Connect directly with our estate planning and elder law team to build a secure, customized asset protection strategy tailored to your circumstances.

Serving families throughout Coral Springs, Fort Lauderdale, Boca Raton, and across Broward County.

Who Inherits the Family Home in Florida? Homestead Rights for Spouses & Heirs

Posted on | by Yash Sareen

Real estate house keys resting on estate documents representing Florida homestead property transfers after death.

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 freely disinheriting their immediate family.

Direct Answer: When a married Florida homestead owner dies with surviving descendants, Florida Statute § 732.401 gives the surviving spouse two choices: a Life Estate (the right to live in the home for life with a vested remainder to descendants) OR an election to take an undivided 50% ownership share as Tenants in Common. The spouse must file this 50% election within 6 months of the owner’s date of death.

Can You Disinherit a Spouse or Child from a Florida Homestead in Your Will?

Florida’s constitutional restrictions prevent homeowners from leaving their primary residence to outside parties if they have a legal spouse or minor children at the time of death.

  • If you have minor children: You cannot leave the home entirely to your spouse or anyone else in a Will. Any attempt to do so is legally void under Florida law.
  • If you have a spouse (and no minor children): You can only leave the home outright to your surviving spouse. Leaving it to a friend, charity, or adult child from a previous marriage without spousal waiver is invalid.
  • If you have no spouse and no minor children: You are free to leave the property to whomever you choose.

If a Will attempts to convey homestead property in violation of these rules, Florida probate courts treat the gift as an invalid devise. The property automatically passes according to Florida’s statutory rules under Fla. Stat. § 732.401.

Life Estate vs. 50% Election: What Are a Surviving Spouse’s Rights Under Fla. Stat. § 732.401?

When a homestead owner dies survived by a spouse and children (adult or minor), Florida Statute § 732.401 governs how ownership splits between them.

Option 1: Default Life Estate

By default, the surviving spouse receives a Life Estate.

  • Spouse’s Rights: The right to live in, use, and occupy the residence for the remainder of their lifetime.
  • Children’s Rights: The decedent’s children receive a vested remainder, automatically assuming 100% ownership after the surviving spouse passes away.
  • Limitations: The surviving spouse cannot sell, mortgage, or transfer the home without the full consent of all children holding the remainder interest.

Option 2: The 50% Tenant-in-Common Election

To prevent friction between surviving spouses and adult stepchildren, Florida law permits the surviving spouse to opt out of the Life Estate.

  • Spouse’s Rights: The spouse takes an undivided 50% ownership interest as a Tenant in Common.
  • Children’s Rights: The decedent’s children collectively share the remaining 50% ownership interest.
  • Benefits: Either side can file a court action to force a sale (partition action) if both sides cannot agree on maintaining or selling the home.

Comparison Table: Florida Homestead Life Estate vs. 50% Tenant-in-Common Election (Fla. Stat. § 732.401)

Ownership FeatureOption 1: Default Life EstateOption 2: 50% Tenant-in-Common Election
Spousal ControlExclusive right to live in property for life50% legal ownership share
Heir ControlFuture ownership after spouse diesImmediate 50% collective ownership share
Routine Costs (Taxes, Insurance)Spouse pays 100% of property taxes & maintenanceSplit 50/50 between spouse and heirs
Mortgage PrincipalSplit according to statutory interest formulasSplit 50/50 between spouse and heirs
Forced Sale (Partition)Cannot be forced by heirs or spouseEither party can initiate partition to sell property
Strict DeadlineNone (automatic default)6 months from owner’s date of death

Is a Florida Homestead Protected From Estate Creditors After Death?

Beyond inheritance rules, Article X, Section 4(b) of the Florida Constitution provides strong creditor protections that pass directly to heirs.

If the primary home passes to an exempt heir (a surviving spouse, child, sibling, niece, or nephew), the home transfers free and clear of most estate debts. Unsecured creditors; such as credit card companies, medical providers, or personal loan lenders, cannot force the sale of a Florida homestead to satisfy the decedent’s unpaid debts during probate.

(Note: Under Florida’s probate framework, homestead property is entirely excluded when calculating eligibility for summary administration.)

Only three specific debt types can attach to a Florida homestead:

  1. Mortgages signed on the property.
  2. Unpaid real estate property taxes or special assessments.
  3. Mechanics’ and contractors’ liens for work performed directly on the home.

How Do You Establish Legal Homestead Status in Florida Probate Court?

Homestead protections do not apply automatically on paper; they must be formally recognized by a probate judge in the local circuit court (such as the 17th Judicial Circuit in Broward County, 15th Circuit in Palm Beach, or 11th Circuit in Miami-Dade).

  1. File a Petition for Order Determining Homestead Status: A probate attorney files an official petition asking the court to confirm that the property meets constitutional homestead qualifications.
  2. Obtain the Judicial Order: Once signed by the probate judge, the Order Determining Homestead removes the residence from the general probate estate, transfers title to the legal heirs, and shields it from general creditors.
  3. Record the Notice of Election (If Applicable): If taking the 50% Tenant-in-Common election, an official Notice of Election containing the property’s legal description must be signed and recorded in county land records within the strict 6-month statutory window.

Resolving Florida Homestead Disputes and Protecting Estate Rights

Florida’s constitutional homestead protections exist to protect families from displacement and unmanageable creditor claims following a loved one’s passing.

However, the strict constitutional mandates surrounding testamentary freedom, paired with the mandatory 6-month statutory window under Fla. Stat. § 732.401, mean that minor procedural errors can result in forfeited spousal rights, clouded property titles, or unexpected co-ownership disputes between spouses and stepchildren.

Navigating a homestead determination requires swift action in the local probate court to secure clear legal title, enforce statutory elections, and shield the home from unauthorized creditor claims.

Consult South Florida Probate Attorneys at Reinfeld Cabrera Tison

Whether you are a surviving spouse evaluating a Life Estate vs. 50% Tenant-in-Common Election, an heir seeking to establish homestead creditor protections, or a personal representative executing an estate, the probate team at Reinfeld Cabrera Tison provides experienced guidance throughout the entire judicial process.

  • Office Address: 9625 W Sample Rd, Coral Springs, FL 33065
  • Contact Phone: (954) 866-4878 | 954-866-HURT
  • Local Probate Venues Served: 17th Judicial Circuit (Broward County Courthouse, Fort Lauderdale), 15th Judicial Circuit (Palm Beach County), 11th Judicial Circuit (Miami-Dade County), and 16th Judicial Circuit (Monroe County).

A concerned couple at a South Florida mailbox reads an insurance non-renewal notice stating their 12-year-old roof is an uninsurable liability. They are holding a 2026 survival guide and a summary of new Florida roof laws protection.

The South Florida Homeowner’s 2026 Roof Insurance Survival Guide

Posted on | by Yash Sareen

Opening your mailbox in Broward, Miami-Dade, or Palm Beach County often feels like an unpredictable gamble. One afternoon you are enjoying South Florida weather, and the next you are holding a notice from your insurance carrier stating that your 12-year-old roof is suddenly an uninsurable liability—demanding a $25,000 full replacement under threat of immediate non-renewal.

Before panicking or signing a contract with a door-to-door roofer, understand the ground rules. Florida property insurance regulations give homeowners explicit statutory protections that many carriers conveniently omit in their automated non-renewal letters.

Executive Legal Summary: Florida’s Roof Age Laws at a Glance

  • Roofs Under 15 Years Old: Under Florida Statute § 627.7011(5), property insurance carriers cannot deny coverage or refuse to renew a policy solely based on the age of your roof.
  • Roofs 15 Years or Older: Insurers can require a roof inspection, but they cannot deny coverage or force a replacement if an authorized inspector certifies that the roof has at least 5 years of remaining useful life.
  • Authorized Inspector Qualifications: Inspections must be completed by a licensed general contractor, building contractor, residential contractor, professional engineer, professional architect, or certified building code inspector.
  • Citizens Property Insurance Thresholds: Citizens requires roofs over 25 years old (for shingle) or 50 years old (for tile/metal) to submit a 4-Point or Roof Inspection Form proving 5+ years of useful life.
A distressed South Florida homeowner holds up an insurance non-renewal notice demanding $25,000 for a 12-year-old roof.

1. The Legal Reality: Florida’s 15-Year Roof Rule (Fla. Stat. § 627.7011)

Many homeowners mistakenly believe that reaching the 10- or 12-year mark on an asphalt shingle roof gives an insurer automatic legal authorization to cancel their policy. That is false.

                    FLORIDA ROOF AGE STATUTORY TIMELINE

 [0 to 14 Years Old]  ================================> CANNOT NON-RENEW SOLELY ON AGE

                                                       (Fla. Stat. § 627.7011(5))

 [15+ Years Old]      ================================> INSPECTION REQUIRED

                                                         │

                                                         ├─> 5+ Years Useful Life = COVERAGE MANDATED

                                                         └─> <5 Years Useful Life = Replacement/Repair

Protection for Roofs Under 15 Years

Florida Statute § 627.7011(5) explicitly states that an insurance company issuing or renewing a homeowners policy cannot refuse coverage solely because of roof age if the roof surface is less than 15 years old. If your carrier sends a non-renewal notice citing only a 12-year or 14-year roof age, they are violating state insurance guidelines.

The “5-Year Useful Life” Rule for Older Roofs

Once your roof hits or exceeds 15 years of age, the insurer gains the right to demand a professional roof inspection prior to policy renewal. However, the law still protects you: if the inspection proves your roof has at least 5 years of remaining useful life, the insurance company cannot reject your renewal application or force a complete replacement based on age alone.

2. Insurance Company Scare Tactics vs. Florida Statutory Law

Claim Made by Insurance CarrierActual Florida Legal & Statutory StandardImpact on Property Owner
“Your shingle roof is 12 years old, so you must replace it within 30 days to keep your policy.”Violates Fla. Stat. § 627.7011(5). Insurers cannot drop policies solely for roof age under 15 years.You do not have to replace a functional 12-year-old roof just because the carrier requests it.
“Your 16-year-old roof failed our satellite image review, so we are non-renewing.”Insurers must allow you to hire an authorized inspector to perform an in-person evaluation.Aerial satellite photos cannot override a physical inspection certifying 5+ years of useful life.
“Only our internal adjusters can determine if your roof is acceptable.”Inspections can be completed by any licensed Florida contractor, engineer, or home inspector.You have the right to hire your own independent inspector to document your roof’s actual condition.
“You must switch to an Actual Cash Value (ACV) endorsement or face immediate cancellation.”Policy changes must comply with OIR filings, and insurers must give advance written notice of endorsement alterations.ACV reduces payouts by factoring in heavy depreciation; understand what rights you give up before signing.

3. RCV vs. ACV: The Hidden Policy Trap

Understanding how your insurance carrier calculates roof damage payouts is essential when navigating renewals and storm damage claims.

  • Replacement Cost Value (RCV): The insurer covers the actual cost to repair or replace the damaged roof with similar materials at current market prices, without deducting money for age or wear and tear.
  • Actual Cash Value (ACV): The insurer deducts depreciation based on the age and condition of the roof before issuing a payment.

If a 15-year-old roof with a 20-year lifespan suffers severe storm damage under an ACV policy, the insurer may only pay 25% of the replacement cost, leaving the homeowner responsible for the remaining 75% out-of-pocket. Pay close attention to policy renewal documents—carriers frequently attempt to slip ACV roof endorsements onto older homes during annual renewals.

A proactive South Florida homeowner examines a roof with a licensed inspector who holds a 'ROOF CONDITION VERIFICATION FORM' certifying '5+ YEARS REMAINING USEFUL LIFE'

4. Roof Materials & Expected Insurable Lifespans

The material covering your home dramatically influences underwriting guidelines across private carriers and state-backed insurers like Citizens Property Insurance Corporation.

┌─────────────────────────┬─────────────────────────┬─────────────────────────┐

│ Roof Material Type      │ Typical Industry Life   │ Citizens Inspection Limit│

├─────────────────────────┼─────────────────────────┼─────────────────────────┤

│ Architectural Shingle   │ 15 to 25 Years          │ Inspection at 25 Years  │

│ Concrete / Clay Tile    │ 25 to 50 Years          │ Inspection at 50 Years  │

│ Standing Seam Metal     │ 30 to 50+ Years         │ Inspection at 50 Years  │

│ Flat / Low-Slope Membrane│ 10 to 15 Years          │ Inspection at 15 Years  │

└─────────────────────────┴─────────────────────────┴─────────────────────────┘

  • Asphalt Shingle Roofs: Private carriers scrutinize shingle roofs most heavily starting at year 15. However, high-grade architectural shingles often maintain structural integrity well beyond 15 years if properly maintained.
  • Tile & Metal Roofs: Concrete tiles, clay tiles, and standing-seam metal roofs regularly handle South Florida wind loads for decades. Citizens Property Insurance allows tile and metal roofs to reach up to 50 years before mandatory age-based useful life documentation is triggered.

5. Step-by-Step Defense Action Plan: Responding to a Non-Renewal Notice

If an insurance company delivers a notice demanding roof replacement or threatening non-renewal in Broward, Miami-Dade, or Palm Beach County, follow this structured response plan:

[Step 1: Audit Notice] ──> [Step 2: Hire Inspector] ──> [Step 3: Submit Form] ──> [Step 4: Legal Review]

  Check stated reasons       Independent 4-Point        Provide 5-year cert       Enforce statutory

  and roof age dates.        Roof Inspection.           to insurance carrier.     rights if denied.

  1. Audit the Non-Renewal Letter: Check the exact reason cited by the carrier. If the only reason listed is that your roof is between 1 and 14 years old, the notice violates Fla. Stat. § 627.7011(5).
  2. Order an Independent Roof Inspection: Contact a licensed Florida general contractor, building inspector, or engineer. Ask specifically for a Florida 4-Point Inspection or Roof Condition Verification Form.
  3. Secure the 5-Year Useful Life Certification: Ensure the inspector documents that the roof has at least 5 years of remaining useful life. This written verification serves as your primary protection under state law.
  4. Submit Formal Documentation via Certified Mail: Send the completed inspection report directly to your insurance agent and carrier. Request formal written confirmation that the non-renewal notice has been rescinded.
  5. Consult Legal Counsel if the Carrier Refuses: If an insurer ignores state statute and refuses to accept a valid 5-year useful life certification, legal intervention may be required to protect your property rights and coverage.

6. Frequently Asked Questions

Can my insurance company drop me if my shingle roof is only 12 years old?

No. Under Florida Statute § 627.7011(5), insurance companies cannot refuse to issue or renew a homeowners insurance policy solely because of roof age if the roof is less than 15 years old.

Who qualifies as an “authorized inspector” in Florida?

Under state law, authorized inspectors include licensed general contractors, building contractors, residential contractors, professional engineers, professional architects, and certified building code inspectors.

What happens if my roof is over 15 years old but in great condition?

If an authorized inspector certifies that your 15+ year old roof has at least 5 years of remaining useful life, Florida law prevents the insurer from denying or non-renewing your coverage solely based on roof age.

Does Citizens Property Insurance follow the same roof rules?

Yes, Citizens Property Insurance must comply with Florida statutory requirements. Citizens requires documentation verifying at least 5 years of remaining useful life for shingle roofs older than 25 years and tile/metal roofs older than 50 years.

Protecting Your Property Rights Across South Florida

When insurance carriers issue arbitrary non-renewal demands, knowing the statutory rules keeps you in control. If your insurance company is threatening improper non-renewal, forcing unnecessary roof replacements, or mishandling a property damage claim, our team can help you enforce your statutory protections.

Reinfeld Cabrera

Property Law & Real Estate Legal Services

Serving Broward County, Miami-Dade County, and Palm Beach County

Contact Our Office:

Disclaimer: The information provided in this guide is for general informational and educational purposes only and does not constitute formal legal advice. Property insurance laws and underwriting rules change frequently. Consult a qualified Florida legal professional regarding your specific situation.

When a Financial Power of Attorney Goes Wrong: What Can Families Do?

Posted on | by mP@
Family discussing a financial power of attorney with an attorney in Coral Springs, Florida

If you believe someone has misused a financial power of attorney in Florida, there are legal ways to challenge what happened. Depending on the circumstances, a court may review the agent’s conduct, require an accounting, remove the agent, terminate the agent’s authority, or order other relief.

Usually, though, nobody starts with a lawsuit.

It starts with a bank statement.

A parent gave a son or daughter power of attorney to handle the bills. An elderly relative needed someone to manage investments. Everything seemed ordinary until a family member noticed a withdrawal that did not make sense.

Then there is another one.

Maybe money went to the agent. Perhaps a house was sold. Maybe someone suddenly has a very good explanation for why several thousand dollars disappeared.

The uncomfortable part is that having power of attorney does give someone real authority. The document may allow an agent to handle bank accounts, investments, real estate, and other financial matters. But that authority comes with legal duties, and the agent has to stay within the authority the principal actually granted.

So what happens when the numbers stop making sense?

The answer usually starts with the power of attorney itself, the agent’s actions, and the financial records showing what happened to the principal’s money.

What Is a Financial Power of Attorney?

A power of attorney allows one person, called the principal, to authorize another person, called the agent, to act on the principal’s behalf.

The authority can be broad or limited. Depending on the document, an agent may be able to handle bank accounts, investments, contracts, real estate, or other financial matters.

Florida law generally limits an agent to the authority actually granted in the power of attorney. A broad statement saying that the agent can perform every act the principal could perform does not automatically create every possible specific power under the statute. Certain powers require separate, signed authorization.

That detail can become extremely important when a family disputes a transaction.

The document itself has to be examined.

What Does Financial Power of Attorney Abuse Look Like?

There is no single transaction that automatically proves abuse.

An agent might legitimately withdraw money to pay the principal’s mortgage. The same type of withdrawal could become a serious problem if the money goes toward the agent’s own mortgage.

Warning signs can include:

  • Unexplained withdrawals from bank or investment accounts
  • Transfers to the agent or the agent’s relatives
  • Personal expenses paid from the principal’s accounts
  • Property transferred or sold for the agent’s benefit
  • Large gifts that do not fit the principal’s history or instructions
  • Financial accounts being changed without a clear explanation
  • Missing receipts or financial records
  • Transactions occurring after the power of attorney was revoked

The records matter.

Florida requires an agent to keep records of transactions made on behalf of the principal, and the Florida Bar notes that an agent may be required to provide an accounting.

As Alan Reinfeld puts it:

“A power of attorney gives someone authority to act for another person. It does not give that person ownership of the principal’s money.”

Can a Power of Attorney Agent Take Money From the Principal?

An agent can use the principal’s money when the transaction is authorized and consistent with the agent’s legal duties.

The agent cannot simply treat the principal’s checking account as a second personal account.

Florida law describes the agent as a fiduciary. The agent generally must act loyally for the sole benefit of the principal, avoid conflicts that interfere with impartial decision-making, and exercise the care, competence, and diligence ordinarily expected in similar circumstances.

Consider a simple example.

A daughter has power of attorney for her father. She uses his account to pay his property taxes, medical bills, insurance, and other expenses. Those transactions may be entirely appropriate.

Then she transfers $50,000 to herself and says, “Dad wanted me to have it.”

That raises a very different set of questions.

  • Was the gift authorized?
  • Did the power of attorney contain the necessary authority?
  • Was the transaction consistent with the father’s known wishes?
  • Did the agent have a conflict of interest?
  • What records exist?

A court looking at a disputed transaction may need to answer those questions rather than simply deciding whether money changed hands.

Can a Power of Attorney Agent Use the Principal’s Property?

Real estate can create especially complicated disputes.

Florida law allows a power of attorney to grant authority to convey or mortgage homestead property, but the applicable formalities and statutory requirements matter. The Florida Bar likewise explains that an agent may sell a principal’s home when the power of attorney satisfies the applicable requirements and grants the necessary authority.

Suppose an agent sells a property and deposits the proceeds into an account belonging to the principal. That may be an ordinary transaction.

Suppose the proceeds instead end up financing the agent’s own house.

Now the transaction deserves serious scrutiny.

The same problem can arise when an agent uses the principal’s money to purchase property that is titled in the agent’s name.

A Broward County case shows how messy this can become

In Sacco-Martin v. Romano, decided by Florida’s Fourth District Court of Appeal in August 2025, elderly parents had granted powers of attorney to their daughter and her husband in 2019 and 2020. They revoked those powers of attorney in May 2021. A subsequent guardian alleged that the former agents had nevertheless exercised control over the parents’ financial accounts and transferred hundreds of thousands of dollars.

The probate court ordered an accounting covering the period during which the agents had acted under the powers of attorney. It reviewed bank statements and testimony and ultimately ordered the former agents to return substantial funds to the guardianship estate.

The Fourth DCA affirmed most of that ruling. It did, however, reverse one $20,000 portion because the particular transfer occurred before the relevant power of attorney period and therefore fell outside the accounting period established by the probate court.

The case also involved two properties purchased with the parents’ money. One was purchased with more than $562,000 transferred from the parents’ account and titled in the parents’ names. The property was later sold. Another property was purchased around the same time, with questions about whether the parents’ money ultimately funded the purchase and why that property was titled in the former agents’ names.

That is a useful lesson in how these disputes actually develop.

The question may begin with, “Where did the money go?”

It can eventually become a dispute involving bank records, property titles, closing statements, accounting periods, alleged gifts, and the scope of the agent’s authority.

Can a Court Remove a Power of Attorney Agent in Florida?

Yes.

Florida Statutes §709.2116 allows a court to construe or enforce a power of attorney, review an agent’s conduct, terminate the agent’s authority, remove the agent, and grant other appropriate relief.

The statute also identifies people who may petition the court. They include the principal or agent, certain fiduciaries, a person authorized to make health care decisions in specified circumstances, and another interested person who can demonstrate an interest in the principal’s welfare and a good-faith belief that court intervention is necessary.

That can matter when the principal is no longer capable of handling the dispute personally.

It also means that a family disagreement does not automatically give every relative the right to take over the situation. Standing, the principal’s circumstances, the agent’s conduct, and the available evidence all matter.

Can You Force a Power of Attorney Agent to Provide an Accounting?

Potentially, yes.

Financial records are often central to a dispute over an agent’s conduct. Florida law requires an agent to maintain records of receipts, disbursements, and transactions made for the principal. The Florida Bar likewise advises agents to maintain careful records and explains that an agent may be required to provide an accounting.

An accounting can help answer basic but important questions:

  • What money came into the account?
  • What money went out?
  • Who received it?
  • What was the payment for?
  • Was the transaction authorized?
  • Was the principal’s money used for the principal’s benefit?

Sometimes the accounting clears things up.

Sometimes it creates several new questions.

What Evidence Can Help Prove Power of Attorney Abuse?

If you suspect that a financial power of attorney has been misused, preserve the records before they disappear into the digital equivalent of a junk drawer.

Useful evidence can include:

  • The original power of attorney and any amendments
  • Bank and investment statements
  • Canceled checks
  • Wire transfer records
  • Deeds
  • Closing statements
  • Tax records
  • Credit card statements
  • Receipts
  • Emails and text messages
  • Communications with banks or financial institutions
  • Records showing the principal’s usual financial practices
  • Documents concerning the principal’s estate plan

The power of attorney itself is especially important.

A transaction can look suspicious until the document reveals that the agent had express authority to perform it. The opposite can also happen: a transaction can look ordinary until the document shows that the agent lacked the authority to make it.

What If the Principal Is Still Capable?

If the principal still has the legal capacity to make financial decisions, the situation may be different from one involving a principal who can no longer manage their affairs.

Florida law provides for revocation of a power of attorney, and a principal who remains capable may be able to revoke the existing authority and appoint another agent. The details depend on the circumstances and the document.

When there are already disputed transactions, however, changing the agent may be only one part of the problem.

There may also be questions about money already transferred, property already sold, or records that have not been provided.

Reviewing financial records for suspected power of attorney misuse in Broward County

What Happens to a Financial Power of Attorney After Death?

A power of attorney generally terminates when the principal dies. Florida’s statute expressly provides that the principal’s death terminates the power of attorney.

That does not erase transactions that happened while the principal was alive.

If family members believe an agent misused the principal’s property before death, those transactions can become relevant to an estate or probate dispute.

The legal framework then shifts. The personal representative or another person with appropriate authority may need to investigate what happened to the deceased person’s assets.

This is one reason a power of attorney dispute can eventually become a probate matter.

How Common Is Financial Exploitation?

Power of attorney abuse sits within a much larger financial exploitation problem.

The Administration for Community Living reported that older Americans lost nearly $2.4 billion to fraud in 2024, up from $1.9 billion in 2023. The agency also cautioned that reported fraud represents only part of the actual harm because many incidents go unreported.

The numbers cover fraud generally, not power of attorney abuse specifically.

But the broader pattern is relevant. Financial exploitation can occur within relationships of trust, including relationships involving family members, caregivers, and other people who have access to an older person’s finances.

A South Florida federal case illustrates how severe one of these situations can become.

In 2025, federal prosecutors sentenced former financier Brett Thomas Graham to seven years in prison after he admitted defrauding an elderly family member of approximately $8.4 million. According to the U.S. Attorney’s Office, Graham later became the woman’s power of attorney and was obligated to act in her best interest while continuing to divert money for his own expenses.

That is an extreme case.

Most power of attorney disputes will not involve $8.4 million, federal wire fraud charges, or a seven-year prison sentence.

The underlying problem can be much smaller and still be devastating to a family.

What Can Families Do About Power of Attorney Abuse?

Start with the document and the records.

Find out what authority the principal actually granted. Identify the transactions that are causing concern. Gather the financial records. Establish when the transactions occurred. Determine whether the power of attorney was still effective.

Then ask the uncomfortable questions.

  • Was the transaction authorized?
  • Was it for the principal’s benefit?
  • Did the agent personally benefit?
  • Was there a gift?
  • Was there a conflict of interest?
  • Can the agent account for the money?

Those questions are far more useful than simply asking whether someone in the family “did something shady.”

And sometimes the records show that the agent acted properly.

That possibility deserves to be taken seriously too.

As Stuart Reinfeld explains:

“Financial disputes between relatives can become emotional very quickly. The documents give everyone something concrete to examine.”

Attorney reviewing a property transfer involving a financial power of attorney in Broward County

Power of Attorney Disputes in Coral Springs and Broward County

For families in Coral Springs and throughout Broward County, a financial power of attorney dispute may overlap with probate, guardianship, estate litigation, real estate, or financial exploitation proceedings.

Broward County’s Probate and Guardianship Division handles probate and guardianship matters through the Seventeenth Judicial Circuit. The county also provides procedures and resources for matters involving vulnerable adult exploitation, guardianship accountings, probate filings, and related proceedings.

That local connection matters when a dispute moves from a family disagreement into a court proceeding.

A court may be asked to review the agent’s conduct, terminate the agent’s authority, remove the agent, order an accounting, or provide another appropriate remedy under Florida law.

Frequently Asked Questions

What is a financial power of attorney in Florida?

  • A financial power of attorney allows a principal to authorize an agent to handle specified financial or property matters. The agent’s authority depends on the language of the document and Florida law.

Can a power of attorney agent take money from the principal?

  • An agent may use the principal’s money when authorized and when acting consistently with the agent’s fiduciary duties. An agent cannot simply treat the principal’s assets as personal property.

How do you prove power of attorney abuse?

  • Evidence can include the power of attorney itself, bank records, transfers, property records, closing documents, receipts, communications, and other evidence showing what authority the agent had and what the agent actually did.

Could a power of attorney agent be removed in Florida?

  • Yes. Florida law allows a court to review an agent’s conduct, terminate the agent’s authority, remove the agent, and grant other appropriate relief.

Can a family member challenge a power of attorney agent?

  • Potentially. Florida law permits certain interested persons to petition the court when they meet the statutory requirements for intervention. A family relationship by itself does not determine whether someone has standing.

Can a power of attorney agent be required to provide an accounting?

  • An agent has a statutory duty to keep records of receipts, disbursements, and transactions made for the principal, and an accounting may be required in appropriate circumstances.

What happens to a power of attorney after the principal dies?

  • The power of attorney terminates when the principal dies. Transactions carried out before death can still become relevant to a later probate or estate dispute.

When a Financial Power of Attorney Goes Wrong

A financial power of attorney is built on a simple arrangement: one person gives another person authority to handle matters the principal cannot or does not want to handle personally.

Most of the time, that arrangement exists because someone needs help.

When the relationship breaks down, the family may be left reconstructing months or years of financial decisions while trying to determine who has the legal authority to do something about them.

That is why the document, the financial records, the agent’s conduct, and the principal’s circumstances all need to be examined together.

If you believe a financial power of attorney has been misused in Coral Springs, Broward County, or elsewhere in South Florida, Reinfeld & Cabrera P.A. can review the circumstances and discuss the legal options available under Florida law.

This article provides general information about Florida law and is not a substitute for legal advice concerning a particular situation.

Florida Security Deposit Rules: What Landlords Need to Know to Protect Their Rental Investments

Posted on | by mP@
Infographic displaying Florida statutory security deposit return deadlines: 15 days for full refunds and 30 days for Certified Mail damage claims under Fla Stat 83 49.

If you manage or own rental property in South Florida, tenant turnovers and the occasional eviction are bound to happen. But here is the catch: when a lease ends or a tenant vacates under court order, how you handle their security deposit can make or break your legal standing.

Can you simply keep the deposit to cover unpaid rent or property damage? Not without following Florida procedural rules to the letter. Missing a statutory deadline or skipping a certified letter notice can strip away your legal right to hold those funds even if the tenant destroyed your floors or walked out owing months of rent.

So how does Fla. Stat. § 83.49 actually work when you are standing inside an empty unit staring at ruined drywall? What concrete steps must you take right now to protect your bottom line, and how can you keep yourself far away from costly disputes in local South Florida courtrooms? Let us break down everything you need to navigate move outs safely.

What Are Florida Security Deposit Notice Deadlines?

Quick Answer: Under Fla. Stat. § 83.49, Florida landlords have 15 days to return a security deposit in full if no deductions are being made. However, if you are claiming money for property damage, deep cleaning, or unpaid rent, you have 30 days to send an itemized claim via Certified Mail to the tenant last known address. If you fail to send this notice within 30 days, you legally forfeit your right to claim any part of the deposit.

The Core Rule: 15 Days vs 30 Days

Why do so many property owners get tripped up by Florida security deposit timelines? Usually, it comes down to confusing a clean turnover with a damage claim. You might ask yourself: Am I simply handing back their money, or am I preparing to fight for repair costs? The law divides move outs into two distinct paths:

  • No Claim on Deposit (15 Days): Timeline is 15 days from move out. Action requires a full refund plus accrued interest if held in an interest account. Target is clean turnovers.
  • Imposing a Claim (30 Days): Timeline is 30 days from move out. Action requires sending an itemized claim via Certified Mail containing required statutory text. Target covers physical damage, back rent, or unpaid utility fees.

1. The Clean Turnover (15 Day Window)

Suppose your tenant moves out, hands over the keys, and leaves the home in excellent shape with zero unpaid rent. Under Fla. Stat. § 83.49(3)(a), you have exactly 15 days from the date they vacate to return their full deposit along with any accrued interest if kept in an interest bearing account.

2. The Damage or Back Rent Claim (30 Day Window)

Now, what if you walk into the property and find broken drywall, ruined carpets, or an unpaid utility balance? Would a quick text message or an informal email suffice to let them know you are withholding funds? Absolutely not.

In this scenario, you have 30 days to issue a formal written notice detailing your intent to keep part or all of the deposit. Florida law strictly mandates that this notice must be sent by Certified Mail to the tenant forwarding address or last known mailing address. I often tell property owners to treat that certified mail receipt like pure gold because without it, proving you met your 30 day clock becomes nearly impossible.

What Happens if You Skip the Statutory Warning Language?

Here is a detail that continuously catches self managing landlords off guard: it is never enough to write a quick note stating, “I am keeping $500 for carpet repairs.”

Florida statute explicitly mandates that your notice include specific statutory warning language informing the tenant of their right to object within 15 days. What actually happens if you leave this mandatory wording out? Legally, the entire notice becomes invalid. That means you forfeit your right to retain the deposit and could end up paying the tenant legal fees under Fla. Stat. § 83.48 if they retain an attorney to contest your error.

I always think: Why risk losing thousands over a missed paragraph when the statute gives you the exact script to copy?

Florida residential lease agreement and legal consultation documents at the law offices of Reinfeld Cabrera Tison in Coral Springs Florida.

The 15 Day Tenant Objection Clock

Once the tenant receives your certified letter, the ball moves directly into their court:

  • If they do not object within 15 days: You are legally authorized to deduct the claimed amount from the deposit and return any remaining balance to them within 30 days of the original notice date.
  • If they object in writing: You now have a formal legal dispute on your hands. If that disagreement escalates into county court in Broward, Miami Dade, or Palm Beach County, a judge will review whether every single statutory notice rule was meticulously followed.
Rental property move out inspection checklist sitting next to a Certified Mail receipt and tenant keys in a South Florida residential apartment.

What Counts as Legitimate Deductions vs Normal Wear and Tear?

One of the most frequent friction points between landlords and departing tenants is deciding what damage justifies keeping deposit funds.

Before you start writing up your itemized bill, ask yourself: Is this issue the natural result of everyday human living, or does it represent actual property destruction and tenant negligence?

Permissible Deductions (Tenant Damage)

  • Unpaid rent, fees, or utility balances
  • Holes in drywall, broken doors, or cracked floor tiles
  • Pet damage such as scratched doors, carpet stains, or deep odors
  • Trash removal and heavy cleaning charges for abandoned personal property

Impermissible Deductions (Normal Wear and Tear)

  • Faded wall paint or small nail holes from picture frames
  • Minor carpet wear or light scuffs along high traffic hallways
  • Aging, worn door handles or standard cabinet hinges
  • Routine HVAC filter servicing or standard dust accumulation

Frequently Asked Questions for Florida Landlords

What if I completely miss the 30 day Certified Mail deadline?

  • If you miss the 30 day window, you automatically forfeit your right to retain the security deposit under Fla. Stat. § 83.49, meaning you must return 100 percent of the money to the tenant. Does this mean you are completely out of options if they wrecked your rental property? Not entirely. Missing the deposit deadline prevents you from holding onto their deposit money, but it does not prevent you from filing a separate lawsuit against the former tenant in court for breach of contract or physical property damage.

Does winning an eviction judgment mean I can automatically keep the deposit?

  • Surprisingly, no. Even if you secure a writ of possession in the 17th Judicial Circuit Court of Broward County, you remain legally bound to send the 30 day certified claim notice if you intend to apply the security deposit toward back rent or damages caused by the evicted tenant. I see landlords fall into this exact trap all the time assuming an eviction order wipes out their security deposit duties.

Can I include a clause in my lease waiving these notice rules?

  • No. Florida courts treat Fla. Stat. § 83.49 as a mandatory protection statute. Any clause inside a residential rental agreement that attempts to bypass, shorten, or alter these statutory notice timelines is considered legally null and void.

Protect Your Real Estate Investments with Legal Counsel

Whether you manage a single rental home in Coral Springs or an apartment complex in Fort Lauderdale, administrative slip ups during tenant move outs can cost you thousands in lost funds and legal fee awards.

The real estate litigation team at Reinfeld & Cabrera P.A. helps South Florida landlords, investors, and property managers enforce lease agreements, execute formal evictions, and navigate security deposit compliance smoothly.

Schedule a Property Law Consultation

Facing a tenant dispute or need assistance structuring legally compliant lease agreements? Speak directly with a South Florida real estate attorney today:

  • Direct Telephone: (954) 866 4878 | Toll Free: 954 866 HURT
  • Coral Springs Office: 9625 W Sample Rd, Coral Springs, FL 33065
  • Fort Lauderdale Office: 2933 W Cypress Creek Rd, Suite 201, Ft Lauderdale, FL 33309
  • Website: mypersonalattorneys.com
  • Local Coverage: Coral Springs, Fort Lauderdale, Parkland, Tamarac, Margate, and surrounding communities across Broward, Miami Dade, and Palm Beach Counties.

What Is a Lady Bird Deed?

Posted on | by mP@
Florida home and legal deed representing Lady Bird Deed estate planning

A Lady Bird Deed in Florida is an enhanced life estate deed that allows a property owner to name someone who will receive the property after the owner’s death while retaining broad control over the property during life.

Unlike a traditional life estate, a properly drafted Lady Bird Deed can allow the owner to sell, mortgage, or otherwise convey the property without the future beneficiary’s permission. It can also allow the property to pass outside the ordinary probate process.

Because Florida does not have a statutory form called a “Lady Bird Deed,” the language used in the deed is especially important.

How Does It Work?

The property owner transfers the property through a deed that reserves an enhanced life estate and identifies one or more people who are intended to receive the property after the owner’s death.

During the owner’s lifetime, the owner generally retains the right to:

  • Live in and use the property
  • Sell the property
  • Mortgage the property
  • Convey the property to someone else
  • Change or defeat the beneficiary’s future interest, depending on the deed’s language

If the owner dies while the deed remains effective, the property can pass to the designated beneficiary without becoming part of the owner’s probate estate.

The exact result depends on the language of the deed and the circumstances surrounding the property.

Lady Bird Deed vs. a Regular Life Estate

The most important difference is the amount of control retained by the original owner.

With a traditional life estate, the owner keeps the right to possess and use the property for life but gives another person a present remainder interest. Selling or mortgaging the entire property can therefore require the remainderman’s participation.

An enhanced life estate, by contrast, can reserve the owner’s power to sell, mortgage, or convey the property without the beneficiary joining the transaction.

Florida courts have recognized this distinction. In Hirschenson v. Compu-Link Corp. of MI, the Third District Court of Appeal discussed an enhanced life estate as allowing the holder to sell, convey, mortgage, and otherwise manage the property without the remainderman’s joinder.

Does It Avoid Probate?

One reason Florida property owners consider this type of deed is probate avoidance.

If the deed is properly executed and remains effective when the owner dies, the designated beneficiary can receive the property without the real estate passing through the owner’s ordinary probate estate.

That does not mean every Lady Bird Deed will accomplish the same result. The deed must be legally effective, the property’s ownership must be correctly identified, and other Florida property laws may affect the transfer.

Why the Deed’s Language Matters

The enhanced powers need to be clearly established in the deed.

A Florida appellate case illustrates what can happen when the language is unclear. In Hirschenson, the deed contained inconsistent language concerning the power to mortgage the property. The resulting dispute required the court to determine what the deed actually meant, and the trial court ultimately reformed the deed. The appellate court affirmed that decision.

This is why a Lady Bird Deed should not simply be copied from an unidentified online form.

Can You Sell or Mortgage the Property?

A properly drafted enhanced life estate deed can preserve the owner’s ability to sell or mortgage the property without obtaining the future beneficiary’s consent.

That retained control is one of the defining characteristics of the arrangement.

However, the specific deed should be reviewed before a sale or mortgage. The deed’s wording, the property’s current title, and the requirements of the lender or title company can all matter.

What If the Beneficiary Dies First?

This depends on how the deed was drafted.

If the named beneficiary dies before the property owner, the deed should be reviewed to determine what happens to that person’s future interest. The owner may want to name alternate beneficiaries or include other provisions addressing this possibility.

This is one reason the beneficiary provisions should be considered carefully when the deed is prepared.

What If the Property Is Florida Homestead?

Homestead property requires additional care.

Florida law places special restrictions on the disposition of homestead, particularly when the owner has a spouse or minor children. Sections 732.4015 and 732.4017 of the Florida Statutes address important rules concerning homestead and lifetime transfers.

A Lady Bird Deed involving a Florida homestead therefore should not be evaluated solely on whether it can avoid probate. The owner’s family situation, title, and homestead status should all be considered before the deed is prepared.

Florida attorney reviewing Lady Bird Deed with client during estate planning consultation

Who Actually Owns the Property?

Before preparing the deed, it is important to determine how the property is currently titled.

For example, the property may be owned individually, jointly, through a trust, or subject to an existing interest.

In Johnson v. Johnson, Florida’s First District Court of Appeal considered enhanced life estate deeds that had been prepared in an individual’s name even though the properties were actually held by a living trust. The court affirmed reformation of the deeds based on the evidence concerning the mistake.

The practical lesson is simple: the current deed and ownership records should be checked before preparing a new conveyance.

When Might a Lady Bird Deed Be Useful?

A Florida property owner may consider an enhanced life estate deed when the goal is to:

  • Retain control of the property during life
  • Continue living in the property
  • Designate who should receive it after death
  • Preserve the ability to sell or mortgage the property
  • Potentially transfer the property outside probate

It may not be appropriate for every estate plan. More complicated family circumstances, multiple properties, trusts, creditor issues, or other planning concerns may call for a different approach.

For a detailed comparison between this type of deed and a revocable living trust, see Florida Lady Bird Deed vs. Revocable Living Trust for Real Estate.

Florida Lady Bird Deed FAQs

What is a Lady Bird Deed in Florida?

  • It is an enhanced life estate deed that allows a property owner to retain substantial control over real estate while designating who should receive the property after the owner’s death.

Does a Lady Bird Deed avoid probate?

  • A properly drafted and effective deed can allow the property to pass to the designated beneficiary outside the ordinary probate process.

Is a Lady Bird Deed the same as a life estate?

  • No. A Lady Bird Deed is an enhanced form of life estate that can reserve significantly greater powers for the original owner.

Can I sell my house after signing a Lady Bird Deed?

  • Generally, an enhanced life estate can preserve the owner’s power to sell or convey the property without the beneficiary’s consent. The specific deed should be reviewed to confirm the powers it reserves.

Can I mortgage property with a Lady Bird Deed?

  • A properly drafted deed can reserve the owner’s power to mortgage the property. The exact language matters.

What happens when the owner dies?

  • If the deed remains effective and the property has not otherwise been conveyed, the designated beneficiary can receive the property according to the deed’s terms, potentially without probate.

Does a Lady Bird Deed work for Florida homestead?

  • It can, but Florida’s homestead rules create additional considerations involving spouses, minor children, and the owner’s particular circumstances.

Florida Estate Planning Attorneys Serving South Florida

A Lady Bird Deed can be a useful way to plan for the future of Florida real estate while retaining control during life. But the deed needs to match the property’s title and the owner’s circumstances.

My Personal Attorneys assists clients with estate planning and probate matters in Coral Springs, Fort Lauderdale, Broward County, and throughout South Florida.

Call 954-334-1520 to discuss your estate planning needs and determine whether an enhanced life estate deed is appropriate for your situation.

Estate Planning in Florida: A Guide to Wills, Trusts, and More

Posted on | by mP@
Estate planning for a family in Coral Springs and Broward County

Estate planning is the process of deciding how your property, financial affairs, and health care decisions should be handled during your lifetime, during periods of incapacity, and after your death.

For families in Coral Springs and throughout Broward County, an estate plan may include a will, revocable trust, durable power of attorney, health care surrogate designation, living will, preneed guardian designation, or other documents depending on the person’s circumstances.

There is no single set of documents that every person needs. The important question is whether the plan addresses the situations that could actually affect you and your family.

What Does an Estate Plan Actually Do?

A basic estate plan addresses two different periods of life.

  • During your lifetime, it can establish who may manage financial matters or make health care decisions if you become unable to make those decisions yourself.
  • After your death, it can determine who receives your property, who administers your estate, who manages assets held in trust, and how certain property should be transferred.

Those functions are handled by different documents. A will, for example, does not give someone authority to manage your finances while you are alive. A health care surrogate designation does not determine who inherits your house. A durable power of attorney does not replace a will.

Understanding those distinctions is one of the foundations of effective estate planning.

1. Last Will and Testament

A last will and testament allows you to state how certain property should be distributed after your death and nominate a personal representative to administer your estate.

A will can also address other matters, including the nomination of a guardian for minor children.

But there is an important misconception to avoid:

Having a will does not automatically avoid probate.

A will generally becomes effective through the probate process when it governs probate assets. Property may instead pass outside probate through mechanisms such as joint ownership, beneficiary designations, or a properly funded trust.

Recent Florida litigation illustrates how specific the probate process can become. In Property Solutions Powerhouse, LLC v. Nelson, decided by Florida’s Second District Court of Appeal in 2025, the court addressed a dispute involving a lost will, probate, notice to interested persons, and Florida homestead. The court ultimately upheld the administration and concluded that the decedent, who had no surviving spouse or children, could devise her homestead to the named beneficiary.

The case is a useful reminder that having a will does not mean every question about an estate is automatically settled. The validity of the will, the identity of interested persons, the nature of the property, and Florida’s homestead rules can all matter.

2. Revocable Living Trust

A revocable living trust allows a person to place assets into a trust during life and establish instructions for how those assets should be managed during incapacity and distributed after death.

The person creating the trust can generally retain control while capable and can name a successor trustee to take over management if necessary.

A revocable trust can also help keep properly funded trust assets outside ordinary probate administration. But the trust has to be properly funded. Simply signing a trust agreement does not automatically transfer every asset into it.

The trust is therefore only one part of an estate plan. Its effectiveness depends on how the document is structured, which assets are transferred to it, and how the rest of the estate plan is coordinated.

For a more detailed explanation, see What Is a Revocable Living Trust in Florida?

3. Durable Power of Attorney

A durable power of attorney allows you to authorize another person, called an agent, to act on your behalf within the authority granted by the document.

In Florida, a power of attorney is durable when it contains language showing that the authority continues despite the principal’s subsequent incapacity. Florida law also establishes specific execution requirements, including signing by the principal and two subscribing witnesses and acknowledgment before a notary in the circumstances specified by statute.

The scope of an agent’s authority depends on the powers granted in the document and Florida law.

This is why simply assuming that a spouse or adult child can handle everything for you can create problems. Ownership of a bank account or property does not automatically give another person authority to act on your behalf concerning assets or legal matters that belong to you individually.

A properly prepared power of attorney can be particularly important when someone becomes incapacitated and needs another person to handle financial or legal matters without waiting for a guardianship proceeding.

4. Health Care Surrogate Designation

A health care surrogate designation allows you to name someone to make health care decisions for you if you become unable to make those decisions yourself.

Florida law provides that a designated surrogate may have authority to make health care decisions during the principal’s incapacity, subject to the principal’s instructions and any limitations placed on the surrogate’s authority.

The designation is different from a living will.

  • A health care surrogate designation identifies who may make health care decisions.
  • A living will communicates your wishes concerning life prolonging procedures in specified medical circumstances.

Those documents can work together.

Florida law also provides a mechanism for judicial review when an interested person believes, among other things, that a surrogate’s decision conflicts with the patient’s known wishes, that the advance directive is ambiguous, or that the surrogate has abused their authority.

5. Living Will

A Florida living will allows a competent adult to state preferences concerning life prolonging procedures if the person later has a terminal condition, end stage condition, or is in a persistent vegetative state.

Florida law establishes specific execution requirements and provides that a properly executed living will creates a rebuttable presumption of clear and convincing evidence of the person’s wishes.

A living will therefore serves a different purpose from a health care surrogate designation.

The surrogate is the person who may make health care decisions within the authority granted.

The living will communicates your own instructions about life prolonging treatment in the circumstances covered by the document.

Family discussing future planning and care in Coral Springs

6. Preneed Guardian Designation

Florida law also allows a competent adult to name a preferred guardian in advance.

A preneed guardian designation is a written declaration naming the person the individual wants to serve as guardian if a court later determines that the individual is incapacitated. Florida law requires the declaration to be signed in the presence of at least two witnesses. If an incapacity proceeding is later filed, the declaration creates a rebuttable presumption that the designated person should serve, although the court is not required to appoint someone who is unqualified.

The distinction is important: a preneed guardian designation does not eliminate the possibility of a guardianship proceeding. Instead, it allows the individual to express a preference before incapacity occurs.

When Estate Planning Documents Have to Work Together

Estate planning documents are most useful when they form a coordinated plan rather than a collection of unrelated forms.

For example:

  • A will can address probate assets and nominate a personal representative.
  • A revocable trust can govern assets properly transferred to the trust.
  • A durable power of attorney can authorize an agent to handle financial and legal matters during incapacity.
  • A health care surrogate designation can identify someone to make health care decisions.
  • A living will can communicate wishes concerning life prolonging procedures.
  • A preneed guardian designation can identify a preferred guardian if a guardianship proceeding becomes necessary.

The documents can also interact with beneficiary designations, jointly owned property, retirement accounts, insurance policies, business interests, and real estate.

That is why changing one document without reviewing the rest of the plan can create unintended results.

A Florida Case Shows Why Advance Planning Matters

A recent Florida appellate decision provides an unusually clear example of how these documents can operate together.

In Frank v. Frank, decided by Florida’s Fourth District Court of Appeal in 2026, a woman had executed a durable power of attorney, health care surrogate designation, trust, and will before a guardianship dispute arose. The documents named her daughter, Alicia, to manage her affairs and established her intentions concerning the family home and estate.

The trial court later appointed a different person despite those prior designations. The Fourth District Court of Appeal reversed because the lower court had failed to make the specific findings required to overcome the statutory presumption supporting the woman’s previously expressed choice. The appellate court emphasized that the record showed she had repeatedly confirmed her estate planning decisions before the guardianship dispute.

The case does not mean that a person’s chosen agent or guardian can never be replaced. It demonstrates something more practical: advance planning can provide evidence of a person’s wishes before a family dispute reaches court.

An older Florida Fourth District case, Martinez v. The Guardianship of J. Alan Smith, similarly involved a person who had executed a health care surrogate designation, preneed guardian designation, and durable power of attorney before suffering a serious injury.

The appellate court reversed because the trial court had not made the required finding that the person’s chosen representative was contrary to the ward’s best interests.

What Happens If You Do Nothing?

If you die without a valid will, Florida’s intestacy laws determine who inherits property subject to those laws.

If you become incapacitated without appropriate planning, family members may have to rely on whatever legal mechanisms are available under the circumstances. A guardianship proceeding may become necessary for some decisions, although Florida law recognizes advance directives and other planning tools that can sometimes provide alternatives or affect the scope of a guardianship.

The important point is not that everyone needs every available document.

It is that leaving the decisions entirely to default legal rules may produce a result different from the one you would have chosen yourself.

Estate Planning After Marriage, Divorce, or Other Major Changes

An estate plan should not necessarily remain unchanged for decades.

A major life event may require a review of:

  • Your will
  • Revocable trust
  • Beneficiary designations
  • Durable power of attorney
  • Health care surrogate
  • Living will
  • Preneed guardian designation
  • Ownership of real estate
  • Retirement accounts
  • Life insurance
  • Business interests

Divorce is a particularly important example. Florida law contains rules affecting fiduciary appointments and certain estate planning documents after dissolution proceedings begin or a final judgment is entered. The Florida Bar has noted that durable powers of attorney and health care surrogate designations require particular attention during divorce planning.

A plan should also be reviewed when a beneficiary or fiduciary dies, a child reaches adulthood, substantial assets are acquired or sold, or the person’s family circumstances change.

Estate planning attorney meeting with a family in Coral Springs

A Word From Stuart G. Reinfeld

“The best estate plan is one that makes the owner’s intentions clear before the family is forced to interpret them under pressure. A trust can provide that structure, but the document and the ownership of the assets need to work together.”

That principle applies beyond trusts. Estate planning works best when the documents, property ownership, beneficiary designations, and the person’s actual wishes are coordinated.

Common Estate Planning Questions

Do I need a will if I have a revocable living trust?

  • Often, yes. A will can serve purposes that a revocable trust does not, including addressing assets that were never transferred to the trust and nominating a personal representative or guardian where appropriate. The specific documents needed depend on the estate plan.

Does a will avoid probate in Florida?

  • No. A will generally directs the distribution of probate assets through the probate process. Some property may pass outside probate through trusts, beneficiary designations, joint ownership, or other mechanisms.

What is the difference between a living will and a health care surrogate?

  • A health care surrogate designation identifies someone who can make health care decisions within the authority granted when you cannot make them yourself. A living will communicates your wishes concerning life prolonging procedures in the circumstances covered by Florida law.

Does my spouse automatically have authority to manage everything if I become incapacitated?

  • Not necessarily. Marriage and joint ownership do not automatically give one spouse every legal authority that a properly executed power of attorney or health care designation can provide.

Can I choose who I want as my guardian?

  • Florida allows a competent adult to designate a preferred preneed guardian. The designation creates a rebuttable presumption in favor of the named person, but the court can decline to appoint someone who is unqualified or whose appointment is otherwise contrary to the applicable legal standard.

When should I review my estate plan?

  • Reviewing an estate plan after marriage, divorce, a death in the family, the birth or maturation of children, a major change in assets, a change in beneficiaries, or a significant change in your circumstances can help keep the plan consistent with your current wishes.

Estate Planning for Families in Coral Springs and Broward County

Estate planning is not limited to deciding who receives your property after death. For families in Coral Springs, Broward County, and surrounding South Florida communities, an effective plan can also address incapacity, health care decisions, financial management, real estate, beneficiary designations, trusts, and the administration of an estate.

The appropriate documents depend on the person’s family circumstances, property, financial affairs, and wishes.

A review of an existing plan can also be useful when the documents were prepared years ago or when major changes have occurred in the family or the assets involved.

If you are creating or reviewing an estate plan in Coral Springs or Broward County, an attorney can help evaluate how the different documents and ownership arrangements fit together under Florida law.

What Happens When a Parent Violates a Parenting Plan in Florida?

Posted on | by mP@
Parents involved in a parenting plan dispute in Coral Springs, Florida

A Florida parenting plan is a court ordered set of rules governing how separated or divorced parents share responsibility for their children. It can address where a child stays, when each parent has time sharing, how exchanges take place, how parents communicate, school related decisions, holidays, travel, and other matters affecting the child.

Problems arise when one parent does not follow those terms.

A missed exchange may be an isolated mistake. Repeatedly refusing scheduled time sharing is a different situation. So is taking a child on a trip without complying with the parenting plan, refusing to provide required information, or interfering with the other parent’s communication with the child.

Florida law provides several ways to address these disputes. But a parent who believes a violation occurred still has to establish what the parenting plan required and what actually happened.

What Counts as a Parenting Plan Violation?

The answer depends on the language of the particular parenting plan.

Florida parenting plans can contain detailed provisions concerning time sharing, transportation, holidays, school breaks, extracurricular activities, communication, travel, and parental decision making. A parent may violate the plan by failing to follow one of those provisions.

Examples can include:

  • Refusing to release a child for scheduled time sharing.
  • Returning a child late without a legitimate reason.
  • Failing to follow the agreed exchange location or transportation arrangements.
  • Preventing scheduled telephone or electronic communication between the child and the other parent.
  • Failure to provide information or notice required by the parenting plan.
  • Interfering with the child’s scheduled activities when the plan requires participation.
  • Denying holiday or vacation time that belongs to the other parent.
  • Taking a child somewhere in violation of travel restrictions contained in the order.
  • Repeatedly disregarding other specific requirements of the court ordered plan.

The details matter. A parent who arrives thirty minutes late once is not necessarily in the same legal position as a parent who repeatedly refuses to make the child available for scheduled time sharing.

How the wording of the actual order is done matters too.

Does Every Violation Amount to Contempt?

No.

A violation of a parenting plan does not automatically mean that a parent is in contempt of court. Florida courts generally require more than proof that something went wrong.

In Merlihan v. Skinner, the Fourth District Court of Appeal addressed a contempt finding involving a parenting plan. The appellate court explained that a contempt finding requires evidence that the parent had the ability to comply with the order and willfully refused to do so. The court also emphasized that the underlying order must be sufficiently clear and precise for a person to know what compliance requires.

That distinction is important in practical terms.

Suppose a parenting plan says that a child will be exchanged at a particular location at a particular time. If a parent repeatedly refuses to make the exchange despite being able to do so, the evidence may support an enforcement or contempt proceeding.

But if the order itself is ambiguous, or circumstances made compliance impossible, the analysis can be different.

A court therefore has to look at the order, the circumstances surrounding the alleged violation, and the evidence presented by both parents.

What Can a Florida Court Do When Time Sharing Is Improperly Denied?

Florida Statutes section 61.13 provides specific remedies when a parent fails to honor the time sharing schedule established in a parenting plan.

Depending on the circumstances, the court may order:

  • Makeup time sharing for the parent who was improperly denied time.
  • Reasonable court costs and attorney’s fees.
  • A parenting course.
  • Community service in circumstances authorized by the statute.
  • Certain transportation related expenses.
  • Other reasonable sanctions.
  • Contempt proceedings.

Makeup time sharing can be particularly significant because the remedy can address the time that was actually lost.

For example, in Varner v. Varner, a parent was held in contempt after failing to comply with provisions governing exchanges. The court awarded the other parent 17 overnight visits as makeup time sharing.

That illustrates an important point about enforcement. The remedy does not necessarily stop at telling the offending parent to follow the order in the future. Depending on the circumstances, the court can attempt to restore parenting time that was improperly denied.

Attorney’s Fees Can Be Part of the Enforcement Remedy

Parenting plan disputes can also create substantial legal expenses.

Florida law allows a court to award reasonable attorney’s fees and costs in certain enforcement proceedings. The purpose is not simply to punish a parent for causing a dispute. The court considers the statutory requirements and the circumstances of the case.

A particularly concrete example appears in Lett v. Lett, a 2025 decision from Florida’s Fifth District Court of Appeal.

That case involved a long running dispute over compliance with a 50/50 parenting schedule. The record included multiple contempt proceedings concerning alleged violations of the parenting plan. The trial court ultimately found the mother in willful contempt and awarded the father makeup time sharing. It also awarded him $19,693.46 in attorney’s fees.

The appellate court affirmed the fee award.

This figure demonstrates how quickly repeated parenting plan litigation can become financially significant. It also shows why documenting individual incidents can matter when a dispute develops into a larger enforcement proceeding.

Child Support and Time Sharing Are Separate Obligations

One of the most common misconceptions in parenting disputes is that child support and time sharing can be used as bargaining tools against each other.

Generally, they cannot.

A parent who has not received child support does not ordinarily acquire the right to withhold the other parent’s court ordered time sharing. Likewise, a parent who has been denied time sharing does not ordinarily acquire the right to stop paying court ordered child support.

Florida law treats these obligations separately.

That means a parent dealing with unpaid child support should use the appropriate child support enforcement procedures rather than withholding the child’s scheduled time with the other parent.

The same principle applies in reverse. A parent whose time sharing is being denied should pursue the appropriate enforcement remedy rather than simply stopping child support payments.

A Parenting Plan Dispute in Broward County

Florida appellate decisions provide useful examples of what these disputes can look like in practice.

In Merlihan v. Skinner, the underlying case came from Broward County and the Seventeenth Judicial Circuit. The Fourth District Court of Appeal ultimately reversed a contempt ruling because the trial court had not made the necessary findings concerning the parent’s ability to comply and willful refusal to do so.

This case is useful because it shows why a parenting plan enforcement case is not simply a matter of one parent saying, “The other parent broke the rules.”

The court has to determine what the order required and whether the evidence establishes the legal requirements for contempt.

Other cases show different patterns.

Parent documenting parenting plan violations and time sharing dates in Broward County

For Thornton v. Thornton, the Fourth District addressed allegations involving several aspects of a parenting arrangement, including extracurricular activities, travel information, birthday time sharing, and communication between a parent and children. The case demonstrates how enforcement disputes can involve considerably more than missed weekend visits.

In Erlinger v. Federico, the First District reviewed a record involving approximately ten months without visitation and seven enforcement motions over a two year period. The record also stated that 84 days of visitation had been denied during 2016.

These numbers come from the particular court record. They are not statistics showing how frequently parenting plan violations occur throughout Florida. Florida does not appear to maintain a reliable statewide statistic measuring all parenting plan violations.

What the cases do show is that repeated interference can produce a substantial litigation record when the problem continues.

A Parenting Plan Can Be Too Vague to Enforce

Sometimes the problem is not simply that a parent refuses to follow the plan.

The plan itself may not say enough.

Florida law requires parenting plans to establish a time sharing schedule. If important provisions are too vague, parents can end up disagreeing about what the court actually ordered.

The Fifth District addressed this issue in Kiswani v. Hafza in 2025. The appellate court reversed because the parenting plan did not establish a sufficiently specific time sharing schedule as required by Florida law.

This creates an important distinction.

A parent cannot necessarily be held in contempt for violating an obligation that the order never clearly established.

As Stuart G. Reinfeld explains:

“A parenting plan should give both parents a workable understanding of what they are expected to do. When the language is vague or contradictory, disputes can become much harder to resolve because the parents may disagree about what the court actually ordered.”

For that reason, reviewing the exact wording of a parenting plan should usually be one of the first steps in an enforcement dispute.

What About Moving Away With a Child?

Relocation presents a separate legal issue.

Florida law contains specific procedures governing the relocation of a child. A parent generally cannot simply move the child a substantial distance and deal with the consequences afterward.

Florida’s relocation statute, section 61.13001, establishes requirements concerning proposed relocations and gives the other parent an opportunity to object. Depending on the circumstances, court approval may be required.

A parenting plan may also contain specific restrictions concerning travel outside Florida or outside the United States.

This is why “moving without notice” should not be treated as merely another ordinary parenting plan violation. Relocation can trigger its own statutory procedures and remedies.

In Fuentes Neira v. Cardona Acosta, the Third District considered an arrangement involving relocation between Miami and Colombia. The court concluded that the agreement did not satisfy Florida’s statutory requirements for a relocation agreement because it did not adequately establish the required time sharing schedule and transportation arrangements.

For families in South Florida, international travel and relocation can create particularly complicated questions because the practical consequences may extend beyond the ordinary exchange schedule.

What Evidence Matters in a Parenting Plan Dispute?

A parenting plan enforcement case often turns on details.

The strongest evidence is usually evidence that allows the court to compare the written order with what actually happened.

Depending on the dispute, useful records may include:

  • The current parenting plan and any later court orders modifying it.
  • Text messages, emails, or other communications between the parents.
  • Records showing scheduled and actual exchanges.
  • School or extracurricular records.
  • Travel information and notices.
  • Calendars documenting missed or changed time sharing.
  • Receipts or other records showing transportation expenses.
  • Records concerning repeated requests to exercise scheduled time sharing.
  • Evidence concerning attempts to resolve the problem before filing a motion.
  • Documentation showing why compliance was impossible, if that is the position of the parent accused of violating the order.

A chronological record can be particularly useful.

Instead of simply stating that the other parent “always violates the parenting plan,” it is usually more informative to identify the date, the provision involved, what was supposed to happen, what actually happened, and what communications followed.

That gives the court something concrete to evaluate.

What If the Violations Keep Happening?

Repeated violations can change the nature of the dispute.

A single incident may be resolved without extensive litigation. A continuing pattern can require formal enforcement.

Florida courts have several possible remedies available under section 61.13, including makeup time sharing, fees and costs, sanctions, and contempt where the legal requirements are satisfied.

But repeated violations do not automatically mean that the existing parenting plan should be replaced.

Sometimes enforcement is the appropriate issue.

Other times, circumstances have changed so substantially that the existing schedule no longer works for the child or the parents. In that situation, a modification proceeding may be more appropriate.

Those are different legal questions.

A parent should not simply stop following the existing order because they believe a different arrangement would be better. Until a court changes the order, the existing order generally remains the governing requirement.

What Should You Do After a Parenting Plan Violation?

The first step is to identify exactly what happened.

Review the current parenting plan and determine which provision applies. Then preserve the communications and other records relating to the incident.

It can also help to separate an isolated problem from a continuing pattern.

Consider documenting:

  1. What the parenting plan required.
  2. So – what happened instead.
  3. When it happened.
  4. Whether the other parent provided an explanation.
  5. Did the problem affected scheduled time sharing or another specific obligation.
  6. Whether similar incidents happened before.
  7. What steps were taken to resolve the issue.

Not every disagreement requires a court filing. Parents sometimes resolve individual scheduling problems through communication or an agreed temporary change.

But repeated violations, denied time sharing, interference with commnication, relocation disputes, or conduct that continues despite attempts to resolve the problem may require legal enforcement.

Before taking action, it is also important to determine whether the existing order is clear enough to enforce and whether the facts support enforcement, contempt, modification, or another legal remedy.

A Word From Alan J. Reinfeld

“When a parenting plan dispute reaches the point where a court may become involved, the details matter. The question is not simply whether one parent believes the other acted unfairly. The court needs to know what the order required, what actually happened, and whether the circumstances support enforcement or a change to the existing plan.”

broward-county-parenting-plan-violation-evidence

Frequently Asked Questions

Can I withhold visitation because the other parent is not paying child support?

  • Generally, no. Child support and time sharing are separate obligations. A parent should use the appropriate legal process to enforce unpaid child support rather than withholding court ordered parenting time.

Could I stop paying child support because the other parent is denying visitation?

  • Mostly, no. A denied parenting schedule does not ordinarily eliminate a separate child support obligation.

A parent can be held in contempt for violating a parenting plan?

  • Potentially, yes. But a violation does not automatically establish contempt. The court must consider the requirements for contempt, including whether the order was sufficiently clear and whether the parent had the ability to comply and willfully refused to do so.

Can I get makeup time if the other parent denied my scheduled time?

  • Florida law allows courts to award makeup time sharing in appropriate circumstances when a parent fails to honor the established time sharing schedule.

Can I recover attorney’s fees?

  • Maybe. Florida law allows attorney’s fees and costs in certain parenting plan enforcement proceedings. The amount and whether an award is appropriate depend on the circumstances and applicable statutory requirements.

What if the parenting plan is unclear?

  • An unclear parenting plan can make enforcement more difficult. Florida courts have emphasized the need for sufficiently specific parenting plans and court orders, particularly when contempt is being considered.

What if the other parent repeatedly violates the parenting plan?

  • Repeated violations may support a request for enforcement and, when the legal requirements are met, contempt or other remedies. If circumstances have changed, a modification proceeding may also need to be considered.

So if the other parent wants to move with our child?

  • Relocation is governed by specific Florida statutes. The legal process can depend on the proposed distance, the existing parenting arrangement, the other parent’s position, and whether an agreement can be reached.

Parenting Plan Enforcement in Coral Springs and Broward County

For parents in Coral Springs, Broward County, and the surrounding South Florida area, a parenting plan dispute can involve much more than a disagreement over a particular weekend.

The appropriate response depends on the language of the existing order, the history of the dispute, the evidence available, and the legal remedy being sought.

At My Personal Attorneys, parenting and family law matters can be evaluated in the context of the specific court orders and circumstances involved. If a parenting plan is being repeatedly ignored, time sharing is being denied, or circumstances have changed and the existing arrangement may no longer work, reviewing the situation with a Florida family law attorney can help determine what legal options are available.

What Happens When a Loved One Dies in Florida?

Posted on | by mP@
Family reviewing estate documents after a loved one dies in Coral Springs, Florida

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.

what-happens-when-a-loved-one-dies-florida-probate

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.

Florida homestead property involved in probate after a loved one's death in Coral Springs

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.

Do I Need a Real Estate Attorney at Closing in Florida?

Posted on | by mP@
Real estate attorney reviewing closing documents with a client in Coral Springs, Florida

No. Florida does not require an attorney to be present at every real estate closing.

That is the straightforward legal answer. But it does not necessarily answer the more useful question: what can an attorney do for you that the ordinary closing process does not?

Florida law allows licensed title insurers, title agents and agencies, and attorney agents to perform authorized closing services. Those services can include preparing documents, conducting the closing, and handling the disbursement of funds. Title professionals also handle the title work involved in determining insurability and addressing underwriting requirements.

That is the legal baseline. It is not a statement that legal representation is unnecessary.

Perhaps you have been told that the title company will “take care of everything.” Perhaps a title commitment has arrived and you are unsure which parts deserve attention. Or perhaps you have bought property before without an attorney.

For whatever reason brought you here, the useful question is not simply whether Florida requires a lawyer. It is what legal work needs to be done, who is responsible for doing it, and whose interests that person represents.

Does Florida Require a Real Estate Attorney at Closing?

No. Florida does not make independent legal representation a condition of closing a real estate transaction.

A title company or other authorized closing agent can perform substantial work on the transaction. Florida’s title insurance statutes recognize closing services that include preparing necessary documents, conducting the closing, and handling the disbursement of funds. The law also recognizes title services involving title information, underwriting requirements, title commitments, and policies.

That is what the law permits.

The Florida Bar’s consumer guidance, however, recommends consulting an experienced Florida licensed real estate lawyer before signing a purchase contract. It also emphasizes the importance of proper legal representation of a buyer’s or seller’s interests throughout the transaction.

The timing matters. A lawyer who becomes involved before the contract is signed can address issues while they are still negotiable. A lawyer who first sees the transaction at closing is working with a much narrower set of options.

What Does a Real Estate Attorney Do at Closing?

An attorney may represent a buyer or seller independently, or may also act as a title or closing agent. The roles can overlap, but they are not necessarily the same.

When an attorney represents you, the legal work may include:

  • Reviewing and negotiating the purchase contract
  • Explaining provisions affecting your rights and obligations
  • Reviewing the title commitment and title exceptions
  • Examining liens, judgments, easements, restrictions, and ownership issues
  • Reviewing deeds and other legal documents
  • Addressing condominium or homeowners’ association issues
  • Coordinating with the title company, lender, broker, surveyor, and other professionals
  • Advising you when a legal problem arises before closing

The distinction is important.

A closing agent can be responsible for conducting the transaction correctly. An attorney representing you can also answer a different question:

Is what you are being asked to sign actually in your legal interest?

What Does a Title Company Do?

A title company performs important work. It is not simply an administrative participant.

Florida law defines closing services to include preparing documents necessary to close, conducting the closing, and handling the disbursement of funds. Title services can include determining insurability based on title information, addressing underwriting objections and requirements, and preparing title commitments and policies.

A title search may reveal mortgages, liens, judgments, easements, restrictions, defects in recorded documents, or questions concerning the chain of ownership.

Many title issues can be resolved without litigation. Some cannot.

This is where title services and independent legal representation become different things.

A title professional may identify an issue and determine what is required for the title insurer to proceed. An attorney representing you can advise what the issue means for your rights and what legal options may be available.

Is a Title Company the Same as a Real Estate Attorney?

No.

There can be substantial overlap, particularly because an attorney may also act as a title agent or closing agent. But the fact that a title company can perform important legal and transactional functions does not mean it is automatically acting as your personal legal counsel.

The distinction becomes obvious when a problem appears.

Suppose a title search reveals an old judgment. Or a deed contains an error. Perhaps the seller’s ownership is connected to an estate. Or a former spouse may have an interest in the property.

The title agent can identify the problem and explain what is required for the title insurer to proceed.

But there may be a separate question:

What should you do about it?

That is a legal question.

Attorney reviewing property title documents and title commitment in Broward County, Florida

What Happens If the Title Search Finds a Problem?

The phrase “title problem” covers a wide range of circumstances.

An old mortgage that was never properly released is one thing. A dispute over who actually owns the property is another. One may be resolved with documentation. The other could require litigation.

A Florida case illustrates why the distinction matters.

Endruschat v. American Title Insurance Co.

In Endruschat v. American Title Insurance Co., two buyers purchased property intending to convert it into a dental clinic. They did not obtain their own legal counsel and relied on the title company involved in the transaction.

A recorded restriction limiting the property’s use to a single-family residence was not identified in the title materials. The problem was later discovered, construction was halted, and the buyers ultimately had to retain attorneys to resolve the title issue.

The case does not establish that every purchaser must hire an attorney. It illustrates something more specific:

Knowing what appears in the public record and understanding what that information means for your particular transaction are not always the same task.

If you are purchasing property for a particular purpose, a restriction that looks minor on a title document may be anything but minor to you.

What Responsibilities Does a Closing Agent Have?

It would also be inaccurate to portray a title company as a passive participant that simply collects signatures.

In Florida Southern Abstract & Title Co. v. Bjellos, the buyers’ contract required a negative termite inspection. The title company’s closing agent received documentation that did not establish that the contractual condition had been satisfied, yet the transaction proceeded. The buyers later discovered a substantial termite infestation.

The appellate court held that the title company, having undertaken to supervise the closing, was required to perform that role with reasonable care. But the court also drew an important boundary: it did not hold that the title company had to provide a legal opinion about the sufficiency of every document presented at closing.

That distinction is worth remembering.

A closing agent has responsibilities. An attorney representing a client has responsibilities to that client. Those responsibilities can intersect without becoming identical.

What Does a Real Estate Attorney Review Before Closing?

In many transactions, some of the most valuable legal work happens before the closing itself.

The purchase contract

The contract establishes the obligations of the buyer and seller. It can address price, deposits, financing, inspections, repairs, title, possession, default, and other matters.

An attorney can explain what those provisions mean and negotiate changes before they become binding obligations.

The title commitment

The title commitment identifies requirements that must be satisfied and exceptions to the coverage the title insurer proposes to provide.

Some exceptions are routine. Others deserve closer attention.

An attorney can help determine whether a title issue should be accepted, corrected, negotiated, or investigated further.

The deed

The deed conveys the property. Its language, the identity and authority of the grantor, and the circumstances of the transfer can all matter.

The closing statement

Purchase price, deposits, credits, prorations, taxes, mortgage payoffs, title charges, recording fees, and other costs must be accounted for.

When those figures are affected by a contractual dispute, payoff problem, title issue, or other legal question, legal review can become important.

When Is a Real Estate Attorney Particularly Important?

There is no statutory purchase price at which Florida suddenly requires a lawyer. The circumstances are more important than the number.

Legal representation deserves particular consideration when:

  • The property has a complicated or disputed title history
  • There are liens or judgments
  • The property is being transferred through an estate or trust
  • Divorce or marital ownership affects the property
  • Multiple owners disagree about the transaction
  • A business entity owns the property
  • The contract contains unusual provisions
  • The transaction involves seller financing
  • There is a boundary or survey dispute
  • A condominium or homeowners’ association issue affects the transaction
  • A party is involved in bankruptcy or another legal proceeding
  • A significant problem appears shortly before closing

These circumstances do not automatically mean that litigation is coming.

They mean the transaction deserves closer legal attention.

Do I Need an Attorney If I Already Have a Real Estate Agent?

A real estate agent and a real estate attorney perform different functions.

An agent may help locate the property, negotiate the transaction, coordinate inspections, and communicate with the other side.

An attorney can analyze the legal implications of the transaction, advise a client about legal rights and obligations, negotiate legal provisions, and provide legal representation when an issue arises.

The same principle applies to the title company.

Several professionals can be involved in a transaction without performing the same role or representing the same interests.

What Should I Ask Before Hiring a Real Estate Attorney?

If you are considering legal representation, ask what the attorney will actually do.

  • Will the attorney review the purchase contract?
  • Will the attorney represent only me?
  • Will the attorney also act as the closing agent?
  • Who handles title objections?
  • Will the attorney review the title commitment?
  • Will the attorney attend the closing?
  • What happens if a legal problem appears shortly before closing?
  • Are legal fees separate from title insurance and other closing costs?
  • Does the representation include contract negotiation?

These questions prevent a common misunderstanding:

“There is an attorney involved” does not necessarily tell you what that attorney is doing for you.

The scope of the representation matters. So does the timing.

Why Legal Advice Can Matter Before the Closing Table

There is a familiar image of the real estate attorney as the person who appears at the end of the transaction, reviews a stack of documents, and sits beside everyone while the signatures happen.

Sometimes that is exactly what the lawyer does.

But some of the most consequential work may happen weeks earlier.

A contract can be negotiated before it is signed. A title problem can be investigated before the parties are committed to a closing date. An ownership question can be addressed before the moving truck is booked. A questionable provision can be changed before it becomes an obligation.

Once everyone is sitting at the closing table, those options may be considerably narrower.

Florida law does not require an attorney at every real estate closing.

It also does not eliminate the legal questions that arise in a real estate transaction.

That is where independent legal representation can matter.

Frequently Asked Questions

Do I legally need a real estate attorney at closing in Florida?

  • No. Florida does not require an attorney to be present at every real estate closing. Authorized title professionals can perform permitted closing services.

Can a title company close a Florida real estate transaction without an attorney?

  • Yes. Florida law permits authorized title professionals to perform closing services, including preparing documents, conducting the closing, and handling disbursement of funds.

Is a title company the same as a real estate attorney?

  • No. A title company can perform title and closing services, while an attorney representing a client can provide independent legal advice and representation. An attorney may also act as a title or closing agent.

Should I have an attorney review my Florida purchase contract?

  • The Florida Bar recommends consulting an experienced Florida licensed real estate lawyer before signing a purchase contract.

What happens if a title problem is found before closing?

  • It depends on the problem. Some issues can be corrected through documentation or other routine measures. Others may require negotiation, further investigation, or litigation.

Can an attorney handle both title work and the closing?

  • Yes. Florida law recognizes attorneys acting as title agents in connection with closing services.

Real Estate Closings in Coral Springs and Broward County

If you are buying or selling property in Coral Springs, the closing may involve a real estate agent, title company, lender, surveyor, inspector, and other professionals.

That is normal.

What is less obvious is who is responsible for answering which questions.

A title agent may be handling title and closing. A lender has its own requirements. A real estate agent has a different professional role. An attorney representing you is there to address your legal interests.

The distinction matters throughout Broward County and South Florida, particularly when a transaction involves an estate, multiple owners, liens, financing complications, condominium restrictions, or disputed title.

Florida law does not require every buyer or seller to retain an attorney.

But the absence of a legal requirement is not the same thing as the absence of a legal question.

If a transaction raises issues that could affect your ownership, obligations, money, or ability to use the property as intended, those questions deserve careful legal attention.

And the best time to ask them is usually before the closing table, not after something has gone wrong.

This article provides general information about Florida real estate law and is not a substitute for legal advice concerning a particular transaction.