Tag: probate

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 Guardianship and Gun Rights: Can You Keep Your Firearms?

Posted on | by mP@
Guardianship attorney discussing firearm rights with a family in Coral Springs, Florida

A Florida guardianship does not automatically take away a person’s gun rights. However, an incapacity adjudication can trigger a separate firearm disability under Florida law, depending on the findings made by the court.

That sounds straightforward until someone actually has to deal with it.

Dad cannot manage his bills anymore. His daughter is considering guardianship. Then somebody remembers the guns.

There is a handgun in the nightstand. Two rifles are in a locked cabinet. Dad insists he is perfectly capable of handling them. His daughter is considerably less convinced.

Now the family has a very different question:

Can Dad still legally own or possess those firearms?

Florida’s guardianship law and firearm law approach that question differently. A guardianship does not automatically erase every legal right an incapacitated person has. At the same time, Florida’s firearm statutes impose restrictions on certain people who have been adjudicated mentally defective, and that definition includes certain judicial findings of incapacity under Florida’s guardianship law.

So the answer may depend on something buried in the court record that the family did not realize mattered.

And that is where things get interesting.

Does Guardianship Automatically Take Away Gun Rights in Florida?

No. Being placed under guardianship does not, by itself, automatically remove a person’s right to own or possess firearms.

Florida’s guardianship statute, §744.3215, lists the rights a person determined incapacitated retains and the rights that a court may remove. The list includes rights involving marriage, voting, driving, contracts, property, health care, residence, and other decisions. Firearm ownership and possession are not listed as rights that §744.3215 specifically gives a guardian authority to remove.

That does not mean an incapacity finding has no effect on firearms.

Florida’s firearm statutes create a separate legal disability. Under §790.065, the statutory definition of a person “adjudicated mentally defective” includes a judicial finding of incapacity under §744.331(6)(a). A person who falls within that definition can be prohibited from purchasing a firearm.

Section 790.064 goes further. A person who has been adjudicated mentally defective, as defined by §790.065, may not own or possess a firearm until relief from the firearm disability is obtained.

So there are two different pieces of law sitting next to each other:

  • Chapter 744: What rights has the guardianship court removed from the ward?
  • Chapter 790: Does the person have a separate firearm disability?

The answer to one does not automatically answer the other.

What Does an Incapacity Adjudication Have to Do With Firearms?

This is the part families can easily miss.

A guardianship case begins with a determination of incapacity. Florida law requires the petition to identify the rights the petitioner believes the alleged incapacitated person cannot exercise. The court then determines the nature and scope of the incapacity and the rights affected by its order.

Firearm law uses its own terminology.

Under §790.065, “adjudicated mentally defective” includes certain court determinations involving mental illness, incompetency, conditions, or disease. The statute specifically includes a judicial finding of incapacity under §744.331(6)(a).

That is why the phrase “the person has a guardian” is not enough to determine whether a firearm disability exists.

You have to look at the actual incapacity adjudication and the statutory definition that applies to it.

A limited guardianship involving one set of rights can raise different questions from a broader incapacity adjudication. The court order, the findings supporting it, and the applicable firearm statutes all matter.

What Happens to Guns Someone Already Owns?

Suppose Dad already owns three firearms before the guardianship proceeding.

His daughter becomes his guardian. The guns do not suddenly become the daughter’s property because she was appointed guardian.

But if Dad has been adjudicated mentally defective within the meaning of Florida’s firearm statutes, §790.064 says he may not own or possess a firearm until the firearm disability is removed.

That creates a practical problem the family should not try to solve by improvising.

Someone needs to determine:

  • What exactly did the court adjudicate?
  • What rights were removed?
  • Does the adjudication fall within §790.065?
  • Is there an existing firearm disability?
  • Is there a concealed weapons or firearms license?
  • Does a court order address the firearms?
  • What legally authorized arrangement should be made for firearms the person already owns?

A guardian does not receive a free-floating power to make every decision for a ward. Florida law limits the rights a guardian may exercise to those removed from the ward and delegated to the guardian.

And if the person is legally prohibited from possessing a firearm, the family should not treat the guns as if this were simply a question of where to put Dad’s property.

Florida Lawyers Were Already Arguing About This in 2013

In December 2013, The Florida Bar Journal published “Grandparents, Guns, and Guardianship: Incapacity and the Right to Bear Arms” by Carla-Michelle Adams. The article argued that Florida’s guardianship statutes did not specifically address whether an incapacitated person’s right to bear arms could be removed.

Then, in February 2014, attorneys Caroline S. A. Zoes and J. Marcos Martinez responded with “Wards and Guns.” Their position was that becoming a ward does not automatically erase constitutional rights.

The exchange is useful today because it identified the exact problem: guardianship law and firearm law were not using the same framework.

Florida’s statutes have since developed firearm-specific restrictions that make the analysis different from the one presented in those 2013 and 2014 articles.

The old debate is still worth reading, though. It explains why the relationship between guardianship, incapacity, and gun rights has never been as simple as “the judge appointed a guardian, so the guns are gone.”

Florida Guardianship Forms Mention Firearms

There is an unusually specific clue in Florida’s guardianship paperwork.

The Florida Supreme Court’s guardianship forms include a question asking whether the respondent may or may not have a license to carry a firearm or possess a weapon or firearm. The form appears in the court’s guardianship rules and forms governing incapacity and guardianship proceedings.

That does not mean the form itself creates a firearm disability.

It does show that firearms are something the guardianship process can require the court to address.

The same form separately identifies the rights that may be delegated to a guardian. Those include contracts, lawsuits, government benefits, property management, residence, health care, and social-environment decisions. Firearm possession does not appear in that list of delegable guardianship rights.

That distinction is worth keeping straight.

Can an Incapacitated Person Still Have a Concealed Weapons License?

Not necessarily. An incapacity-related firearm disability can also affect eligibility for or continued possession of a Florida concealed weapons or firearms license.

Florida’s firearm background-check statute requires the state to consider whether a person has been adjudicated mentally defective or committed to a mental institution. The statute also directs the Department of Law Enforcement to provide relevant information to the Department of Agriculture and Consumer Services when determining eligibility for a concealed weapons or firearms license or whether an existing license should be suspended or revoked.

So a family should not assume that the question ends with the firearms sitting in a gun safe.

There may also be a licensing issue.

Florida guardianship and firearm rights documents on an attorney's desk.

Can Someone Regain Gun Rights After an Incapacity Adjudication?

Possibly, but restoration of capacity and restoration of firearm rights are separate legal processes.

Florida law allows a person to seek relief from a firearm disability arising from an adjudication or commitment. Under §790.065, the petition is presented to the appropriate court, the state attorney may object, and the court considers evidence concerning the person’s reputation, mental health record, criminal history when applicable, the circumstances surrounding the firearm disability, and other evidence.

The court must determine that the person is not likely to act in a manner dangerous to public safety and that granting relief would not be contrary to the public interest before granting relief under that statute.

Florida’s guardianship law separately provides a procedure for restoring a ward to capacity when the person can again exercise rights that were previously removed.

Those two procedures should not be treated as interchangeable.

Someone whose capacity has been restored should still determine whether a separate firearm disability remains and whether formal relief under Chapter 790 is required.

What If the Guardian and the Family Disagree About the Guns?

Imagine the Coral Springs family again.

Dad’s daughter is now his guardian. Dad’s son thinks the guns should stay in the house. Dad insists that nothing has changed and wants access to them.

Nobody agrees.

The daughter says, “I’m his guardian.”

The son says, “They’re his guns.”

Dad says, “They’re mine.”

None of those statements, by itself, resolves the legal issue.

The family needs to look at the incapacity order, the guardianship authority actually granted, and the firearm statutes that apply to the adjudication.

If a firearm disability exists under Chapter 790, the possession question becomes very different from a dispute over who owns a piece of ordinary personal property.

And if the family believes the incapacity determination itself should be changed, that is a separate guardianship issue.

This is one of those situations where pulling the actual court file is considerably more useful than arguing around the kitchen table.

What Does This Mean for Families in Coral Springs and Broward County?

For families in Coral Springs and Broward County, guardianship proceedings are handled through Florida’s court system, and the details of the incapacity order can determine what happens next.

A family dealing with an aging parent, dementia, cognitive decline, or another condition affecting decision-making may already be dealing with medical records, financial accounts, powers of attorney, and property issues.

Firearms can add another layer.

If the person owns firearms, the family should identify that issue early in the guardianship process rather than assuming the appointment of a guardian answers it.

The relevant documents may include:

  • The petition to determine incapacity
  • The examining committee reports
  • The order determining incapacity
  • The order appointing the guardian
  • Letters of guardianship
  • Any order addressing firearm possession
  • Records relating to a firearm or concealed weapons license
  • Any later order restoring capacity or granting relief from firearm disabilities

The legal analysis is fact specific. A guardianship attorney in Coral Springs or elsewhere in Broward County may need to review the actual orders before giving a definitive answer about a particular person’s firearm rights.

Family discussing firearm possession after a guardianship proceeding in Broward County

Frequently Asked Questions

Can guardianship take away your gun rights in Florida?

  • Guardianship alone does not automatically remove gun rights. However, a qualifying incapacity adjudication can trigger a separate firearm disability under Florida’s Chapter 790.

Does an incapacity adjudication prevent someone from buying a gun in Florida?

  • It can. Florida’s firearm purchase statute includes certain judicial findings of incapacity within the definition of “adjudicated mentally defective,” which can make a person prohibited from purchasing a firearm.

Can an incapacitated person possess a firearm in Florida?

  • Not if the person is subject to the firearm possession disability in §790.064. That statute prohibits a person covered by its definition from owning or possessing a firearm until relief from the disability is obtained.

Could a guardian take away a ward’s guns?

  • A guardian does not automatically receive authority over firearms simply because the guardian was appointed. The guardian’s authority depends on the rights removed and powers delegated by the court, while firearm possession may also be governed independently by Chapter 790.

Can someone regain firearm rights after an incapacity adjudication in Florida?

  • Florida law provides a procedure for seeking relief from a firearm disability. The firearm-relief process is separate from the general procedure for restoring capacity under the guardianship statutes.

Does restoring capacity automatically restore gun rights in Florida?

  • Do not assume that it does. Restoration of capacity and relief from a firearm disability arise under different statutory procedures. The person’s specific court orders and firearm records should be reviewed.

Can an incapacity adjudication affect a concealed weapons license?

  • Yes. Florida law directs relevant firearm-disability information to the state agency responsible for determining eligibility for concealed weapons or firearms licenses and for considering suspension or revocation of existing licenses.

Guardianship and Gun Rights in Coral Springs, Broward County, and South Florida

The unusual combination of guardianship and gun rights in Florida creates a legal problem that does not fit neatly into either a standard guardianship checklist or a standard firearm question.

A person can have a guardian without every legal right disappearing. At the same time, a qualifying incapacity adjudication can create a separate firearm disability under Florida law.

For families in Coral Springs, Broward County, and throughout South Florida, the starting point is the actual incapacity order and the firearm statutes that apply to it.

Reinfeld & Cabrera P.A. handles guardianship, probate, and related legal matters in Coral Springs and throughout Broward County. If a guardianship proceeding involves firearms or questions about an existing firearm disability, the attorneys can review the circumstances and explain the legal issues that may apply.

This article provides general information about Florida guardianship and firearm law. It is not legal advice and does not determine whether a particular person may lawfully possess, purchase, or carry a firearm.

What is Probate Litigation?

Posted on | by mP@
Probate litigation attorney reviewing estate documents in Florida

Probate litigation is the legal process used to resolve disputes involving a deceased person’s estate, will, trust, beneficiaries, or the administration and distribution of estate assets. In Florida, probate litigation can involve will contests, trust disputes, beneficiary disputes. And it can also cover challenges involving undue influence or improper execution. Even disagreements concerning a personal representative, and other contested estate matters.

Although people often use the term probate litigation to mean a will contest, a will contest is only one type of probate dispute. Florida probate proceedings can involve many different questions about who is entitled to inherit, how an estate should be administered, whether a particular document is legally valid, and whether someone responsible for managing an estate has properly performed their duties.

For families dealing with an estate dispute in Coral Springs, Fort Lauderdale, Broward County, or elsewhere in South Florida, understanding what probate litigation involves can help clarify when a disagreement requires formal legal action.

What Does Probate Litigation Involve?

Probate litigation can arise whenever interested parties disagree about a legal issue affecting an estate or the rights of people connected to it.

Under Florida Probate Rule 5.025, certain matters are specifically treated as adversary proceedings. These include proceedings to contest the validity of a will, revoke the probate of a will, determine beneficiaries, construe or modify a will, probate a lost or later discovered will, remove or surcharge a personal representative, and determine certain rights relating to an estate. These proceedings are generally handled in a manner similar to civil litigation, with the Florida Rules of Civil Procedure applying as provided by the probate rules.

Common examples of probate litigation include:

Will Contests

A beneficiary or other interested person may dispute whether a will is legally valid.

  • Florida law recognizes specific requirements concerning the execution of a will. A challenge can also involve allegations that the will was procured through fraud, duress, mistake, or undue influence, among other potential grounds.
  • A will contest is not simply a disagreement with how someone chose to distribute their property. The person challenging the will generally must establish a legally recognized basis for opposing probate or seeking revocation.
  • Florida law also establishes specific rules concerning the burdens of proof in will contests. The proponent of a will initially has the burden of establishing prima facie formal execution and attestation. The contestant then has the burden of establishing the grounds on which probate is opposed or revocation is sought.

Arguments Over Undue Influence

  • Family members sometimes question whether an elderly, vulnerable, or dependent person was pressured into changing a will or other estate planning document.
  • Undue influence can become an important issue in probate litigation, particularly where a person who exercised substantial influence over the decedent also benefited from a change in the estate plan.
  • Florida law contains specific rules concerning the presumption of undue influence and the allocation of the burden of proof in certain circumstances.

Disputes Over Beneficiaries

  • Sometimes the central question is not whether a will exists, but who is legally entitled to receive property from an estate.
  • Florida probate proceedings can address disputes concerning the determination of beneficiaries. Such disputes may arise from conflicting estate planning documents, questions about a beneficiary’s status, or disagreements concerning the interpretation or application of an estate plan.

Conflicts Involving a Personal Representative

  • A personal representative is responsible for administering a Florida estate according to the law and the requirements of the probate proceeding.
  • Litigation may arise when interested persons allege that a personal representative has failed to properly perform those responsibilities. Florida Probate Rule 5.025 specifically identifies proceedings to remove or surcharge a personal representative as adversary proceedings.

Disputes Over the Meaning of a Will

Not every probate dispute involves an allegation that a will is fraudulent or invalid.

  • Sometimes the document itself is valid, but the people involved disagree about what a particular provision means or how property should be distributed. Florida probate rules specifically recognize proceedings to construe, reform, or modify a will as adversary proceedings.

Later Discovered or Lost Wills

  • Questions can also arise when a will is discovered after another will has already been submitted to probate, or when a person seeks to probate a will that has been lost or destroyed.
  • Florida Probate Rule 5.025 specifically identifies proceedings involving lost, destroyed, or later discovered wills as adversary proceedings.

Is Trust Litigation the Same as a Will Contest?

No. Trust litigation is related to probate litigation but involves different legal documents and procedures.

Florida’s Trust Code allows judicial proceedings concerning trusts to address their validity, administration, or distribution. These proceedings can involve determining whether a trust is valid, appointing or removing a trustee, reviewing trustee accounts or fees, determining beneficiaries, interpreting trust provisions, and resolving questions involving the rights and duties of trustees and beneficiaries.

A trust contest can also involve a challenge to the validity or revocation of all or part of a trust. Florida law places the burden of establishing the grounds for invalidity on the person contesting the trust. Special timing rules apply to contests involving revocable trusts.

For that reason, a dispute involving a trust should not automatically be treated as a will contest. The appropriate legal analysis depends on the document involved, the circumstances surrounding it, and the specific issue being disputed.

Can You Contest a Will Before Someone Dies in Florida?

Generally, no.

Florida Statute §732.518 provides that an action contesting the validity of all or part of a will, or contesting its revocation, cannot be commenced before the testator’s death.

This distinction is important. Someone may have serious concerns about how another person is being influenced or about changes being made to an estate plan, but a formal action challenging the validity of a will generally cannot be brought until after the testator has died.

Trust disputes can involve different timing rules, particularly when the trust is revocable.

Florida probate attorney discussing an estate dispute with family members

Does Probate Litigation Always Mean Someone Is Trying to Invalidate a Will?

No.

A probate case can become contested even when nobody is arguing that the entire will should be invalidated.

For example, litigation may concern:

  • Who the beneficiaries are
  • How a provision of a will should be interpreted
  • Whether a later will should be admitted to probate
  • Whether a personal representative should be removed
  • Whether a personal representative should be held financially responsible for misconduct
  • Whether a particular asset belongs in the estate
  • How property should be distributed
  • Whether someone has been improperly excluded from an inheritance
  • Whether a trust is valid or how its provisions should be interpreted

This is why probate litigation is better understood as a broad category of estate related disputes rather than simply another name for a will contest.

What Happens During Probate Litigation?

The procedure depends on the nature of the dispute, but contested probate matters can involve formal pleadings, service of legal documents, discovery, evidence, hearings, depositions, expert testimony, settlement negotiations, and ultimately a ruling by the court.

Florida Probate Rule 5.025 provides that after formal notice in an adversary proceeding, the matter is conducted as nearly as practicable like a civil action, with the Florida Rules of Civil Procedure governing as provided by the rule.

The exact process depends on the dispute. A straightforward disagreement about the interpretation of an estate document may involve very different issues from a contested will proceeding involving allegations of undue influence or fraud.

When Should You Speak With a Probate Litigation Attorney?

It can be important to obtain legal advice before taking action when you believe an estate is being administered improperly or that an estate planning document may not reflect the decedent’s valid wishes.

Situations that may warrant legal review include:

  • You believe a will was improperly executed.
  • A new will or codicil appeared shortly before someone’s death and you have concerns about the circumstances surrounding it.
  • You believe someone exercised undue influence over the person who created the estate plan.
  • You believe a beneficiary has been improperly excluded.
  • You believe a personal representative is mishandling estate assets.
  • Family members disagree about who is entitled to inherit.
  • A dispute has developed over the meaning of a will or trust.
  • A trust’s validity or administration is being challenged.
  • You have received formal legal notice concerning a contested probate proceeding.

Probate disputes can involve strict procedural requirements and deadlines. The appropriate legal strategy depends heavily on the documents involved, the stage of the probate proceeding, and the specific facts of the dispute.

Probate Litigation in Coral Springs, Fort Lauderdale, and South Florida

MyPersonalAttorneys assists clients dealing with estate and probate matters in Coral Springs, Fort Lauderdale, Broward County, and throughout South Florida.

Probate litigation can be particularly difficult. Especially when disagreements arise between family members who are already dealing with the loss of someone close to them. A dispute may involve substantial financial interests. Yes – but it can also involve questions about the decedent’s wishes, family relationships, and the proper administration of an estate.

Understanding the nature of the dispute is the first step. Whether the issue involves a contested will, beneficiary rights, a trust, a personal representative, or another probate matter, an attorney can review the relevant documents and explain the legal issues involved.

Frequently Asked Questions About Probate Litigation

What is probate litigation?

  • Probate litigation is the legal process for resolving contested issues involving an estate, will, beneficiaries, personal representative, or related probate matter. It can include will contests, beneficiary disputes, challenges involving estate administration, and other adversary proceedings.

What is the difference between probate and probate litigation?

  • Probate is the legal process through which an estate is administered after someone dies. Probate litigation occurs when a legal dispute arises within or in connection with that process and requires formal resolution.

Is a will contest the same as probate litigation?

  • No. A will contest is one type of probate litigation. Probate litigation can also involve beneficiary disputes. Things like personal representative disputes, interpretation of a will, later discovered wills, and other contested estate matters.

Could you challenge a will in Florida?

  • Yes, but a will cannot be challenged simply because a beneficiary disagrees with the distribution. A challenge generally requires a legally recognized basis for opposing probate or seeking revocation. Florida law establishes specific rules governing will contests and their burdens of proof.

Can you contest a will before someone dies?

  • Generally, no. Florida Statute §732.518 provides that any contest of the validity of a will can’t commence before the testator’s death.

Can a trust be challenged in Florida?

  • Yes. Florida law permits judicial proceedings concerning the validity, administration, and distribution of trusts. This includes proceedings involving trustees, beneficiaries, and the interpretation of trust provisions.

Do I need a probate litigation attorney?

  • If an estate dispute involves a contested will, beneficiary rights, or another matter requiring formal litigation, you better be careful. Obtaining advice from an attorney experienced in probate disputes can help you understand your legal rights and available options.

Discuss Your Probate Dispute With MyPersonalAttorneys

If you are involved in a contested estate matter in Coral Springs, Fort Lauderdale, or South Florida, MyPersonalAttorneys can review your situation and explain the legal issues that may apply.

Call 954-334-1520 to discuss your probate or estate dispute.

How to Collect a Business Debt in Florida: From Unpaid Invoice to Judgment

Posted on | by mP@
Business debt collection attorney meeting with a Coral Springs business owner

A business does not have to accept an unpaid invoice as the cost of doing business.

When another company, customer, contractor, or client stops paying, the first step is usually figuring out exactly what is owed, why it is owed, and what evidence supports the claim. From there, a creditor may negotiate payment, send a formal demand, pursue a lawsuit, or, if a judgment is obtained, use Florida’s judgment enforcement procedures to pursue available assets.

There is an important difference between winning a debt case and collecting the money.

A judgment establishes a legal obligation. It does not automatically put a check in your company’s bank account.

Florida’s courts handle an enormous civil caseload. The state’s 2023-24 statistical report shows nearly 2.4 million county civil filings statewide, including small claims and other county civil matters. Florida’s trial courts as a whole manage more than two million civil case filings annually.

Business debt collection is only one part of that system, but the basic lesson is useful: a claim for money needs to be treated as a legal claim, not merely as an increasingly irritated series of emails.

What Should You Do When a Business Owes You Money?

Start by establishing the debt.

Look at the contract, invoice, purchase order, delivery records, emails, payment history, account statements, and any other documents showing what was agreed and what happened afterward.

Ask a few straightforward questions:

  • What did the debtor agree to pay?
  • What did your business provide?
  • When was payment due?
  • How much has been paid?
  • What remains outstanding?
  • Has the debtor disputed the amount or the underlying work?
  • Does the contract contain provisions concerning interest, attorney’s fees, venue, or dispute resolution?
  • Did anyone personally guarantee the obligation?

That last question can become important.

If the customer is an LLC or corporation, the company’s debt does not automatically become the owner’s personal debt. A creditor needs a legal basis for pursuing an individual separately, such as a guaranty or another applicable theory of liability.

That is one reason the paperwork deserves attention before anyone starts threatening to sue.

What Evidence Do You Need to Collect a Business Debt?

A creditor’s strongest evidence often consists of ordinary business records.

A signed contract is useful. So are invoices showing the amounts due, records showing that goods were delivered or services were performed, correspondence acknowledging the balance, and payment records showing what happened afterward.

Sometimes there is no single document that tells the whole story.

Florida recognizes an account stated claim in appropriate circumstances. The Florida Supreme Court has explained that an account stated depends on an agreement concerning the amount owed and an obligation to pay that amount.

Florida’s standard jury instructions describe an account stated as involving transactions for which a specific amount is due and note that an account statement is not automatically conclusive if evidence establishes fraud, mistake, or error.

So an unpaid invoice should not be treated as magic evidence.

A debtor can dispute what was billed, whether the work was completed, whether the goods were delivered, whether the amount is correct, or whether the person receiving the invoice had authority to incur the obligation.

The more clearly the business can reconstruct the transaction, the easier it becomes to evaluate the claim.

Should You Send a Demand for Payment Before Suing?

Often, yes.

A demand letter can identify the amount claimed, explain the contractual or factual basis for the debt, establish a deadline for payment, and give the debtor an opportunity to resolve the matter before litigation.

It can also reveal what the actual dispute is.

A company that responds, “We agree that we owe $40,000 but need 90 days” presents one problem.

A company that responds, “Your employees never completed the work and we owe nothing” presents another.

And a company that stops answering altogether presents yet another.

The demand process therefore has a practical purpose beyond giving someone one final chance to pay.

It can help establish what the parties actually disagree about.

Can You Sue a Business for an Unpaid Debt?

Yes, when the facts support a legally recognized claim.

The appropriate cause of action depends on the transaction. A creditor may have a breach of contract claim, an account stated claim, an open account claim, or another theory depending on the circumstances.

The contract itself can also determine what remedies are available.

Florida law generally gives five years to bring a legal or equitable action founded on a written contract or other liability founded on a written instrument. The limitations period is different for various other types of claims, including claims based on unwritten obligations.

That makes one piece of advice particularly important:

Do not assume you have plenty of time because the debtor keeps promising to pay.

A business can spend months or years hearing variations of “the check is coming” while the legal clock continues to run.

A recent Florida case illustrates the problem.

An Unpaid Legal Bill That Stayed Unpaid for Years

In LAD Commercial, LLC v. Eagle Trace at Vero Beach Homeowners’ Association, Inc., the Fourth District Court of Appeal considered a breach of contract claim arising from unpaid legal services.

The invoices totaled $20,179.08. The alleged unpaid work dated back years, and the defendant argued that the claim was barred by the statute of limitations. The litigation ultimately required the appellate court to examine when the cause of action accrued and how the contract’s payment provisions affected that analysis.

The lesson is not that every unpaid invoice becomes a statute of limitations dispute.

It is that waiting can turn a collection problem into a limitations problem.

What If the Debtor Disputes the Debt?

Then the case needs to be analyzed rather than treated as a simple collection matter.

Suppose a contractor invoices a business for $75,000. The business refuses to pay and says the contractor abandoned the project.

Now there are factual questions:

  • Was there a contract?
  • What work was required?
  • What work was actually completed?
  • Were there change orders?
  • Did the customer approve them?
  • Was the work defective?
  • Did the customer terminate the contract?
  • What damages did either side suffer?

The invoice alone cannot answer those questions.

Commercial litigation often turns on reconstructing the transaction from the documents and testimony rather than simply proving that an invoice exists.

Can You Sue the Owner of an LLC Personally?

Not merely because the LLC owes the money.

An LLC is a separate legal entity, and the existence of a business debt does not automatically create personal liability for its members.

A personal guaranty can change that.

So can other circumstances, depending on the facts and applicable law.

This is an area where careless collection advice can create a serious problem. A creditor should identify the actual legal basis for pursuing an individual instead of assuming that the person who owns the company and the company itself are interchangeable.

If the contract says that the company’s owner personally guarantees payment, that provision deserves close examination.

If there is no guaranty, the analysis is different.

What Happens If You File a Business Debt Lawsuit?

The case moves into the ordinary civil litigation process.

Depending on the claim and amount involved, that can include:

  1. Filing the complaint
  2. Serving the defendant
  3. Receiving the defendant’s response
  4. Conducting discovery
  5. Negotiating a settlement
  6. Resolving motions and disputed legal issues
  7. Preparing for trial if necessary
  8. Obtaining a judgment
Commercial litigation attorney reviewing business debt evidence in Broward County

Florida’s civil procedure system was significantly updated beginning January 1, 2025. The changes emphasize active case management, deadlines, initial discovery disclosures, supplementation, and discovery proportional to the needs of the case.

That does not mean every unpaid invoice will turn into a dramatic courtroom battle.

Many cases settle.

Some are resolved through motion practice.

Some proceed to trial.

And some defendants simply fail to respond, creating a different procedural situation.

The important point is that filing a lawsuit starts a legal process. It does not mean the creditor can immediately take the debtor’s property.

What Happens After You Win a Judgment?

This is the part that the old article barely addressed.

A judgment is not the same thing as payment.

Florida law provides several mechanisms for enforcing money judgments.

Under Florida Statute § 77.03, a judgment creditor can seek a writ of garnishment after obtaining a judgment. Garnishment can reach certain money or property held by a third party for the judgment debtor, subject to the requirements and limitations of Florida law.

Florida’s execution statutes also provide for levy and sale of certain property to satisfy a judgment. Section 56.061 identifies categories of property subject to execution, including certain real and personal property and corporate stock.

Florida also permits a judgment creditor to acquire a judgment lien on certain personal property, including property subject to execution and certain payment intangibles and accounts.

Those remedies can matter when a debtor has assets but simply refuses to pay.

They also have limits.

Property may be exempt. Other creditors may have priority. Secured creditors may have existing rights. Bankruptcy can change the situation entirely.

A judgment gives the creditor legal leverage and enforcement tools. It does not create assets that do not exist.

Can You Garnish a Business Bank Account?

Potentially, but garnishment has a specific legal procedure.

Florida Statute § 77.03 provides for issuance of a writ after judgment. Florida law also permits pre-judgment garnishment in certain circumstances, but the requirements are considerably more specific. Section 77.031 requires a verified motion or affidavit containing particular factual allegations, including the nature and amount of the claim and why the plaintiff believes the defendant will not have sufficient property available for execution.

That is a good example of why “just garnish their account” is not legal strategy.

There is a procedure.

There are requirements.

And there may be defenses and exemptions.

What If the Debtor Has Assets but Still Refuses to Pay?

Florida’s judgment enforcement statutes give creditors tools for investigating and reaching certain property.

Chapter 56 includes proceedings supplementary, which can be used in appropriate circumstances after a judgment. Florida law also addresses discovery concerning a judgment debtor’s assets and execution procedures.

A judgment creditor may therefore have options even when the debtor has not voluntarily written the check.

But those options depend heavily on what the debtor actually owns, how the assets are titled, whether other creditors have claims, and whether exemptions or other legal restrictions apply.

That investigation can become particularly important when a business appears to be operating normally while claiming that it has no money to satisfy a judgment.

Can You Recover Attorney’s Fees and Interest?

Sometimes.

Attorney’s fees are not automatically awarded simply because a business wins a lawsuit.

A contract may provide for attorney’s fees. Florida Statute § 57.105(7) provides reciprocity for certain contractual attorney’s fee provisions, allowing the prevailing party to recover reasonable attorney’s fees in an action concerning a contract when the statutory requirements are met.

Florida’s courts have also dealt with the issue in collection cases.

In Ham v. Portfolio Recovery Associates, LLC, the Florida Supreme Court considered whether a contractual attorney’s fee provision could become reciprocal when the creditor pursued an account stated claim rather than suing directly under the underlying credit agreement. The Court held that the statutory reciprocity provision applied because of the relationship between the account stated claim and the underlying contract.

That is a useful warning against treating attorney’s fees as an automatic add-on to every debt.

The contract, the cause of action, and the applicable statute all matter.

Interest also has its own rules. Florida Statute § 55.03 establishes the framework for the interest rate applicable to judgments and provides for quarterly adjustments based on the statutory formula.

What If You Already Have a Judgment but Still Have Not Been Paid?

Then the legal problem has changed.

You are no longer trying to establish that the debtor owes the money. You are trying to enforce an established judgment.

That can involve:

  • Judgment liens
  • Garnishment
  • Execution
  • Discovery concerning assets
  • Proceedings supplementary
  • Negotiated payment arrangements
  • Other enforcement mechanisms permitted by law

Florida Statute § 55.081 provides that a judgment generally cannot remain a lien on Florida real or personal property indefinitely; the statutory period is 20 years from entry of the judgment, subject to the statute’s provisions.

That does not mean a creditor should wait 19 years and see what happens.

It means Florida gives judgments a legal life that can extend well beyond the original lawsuit.

What If the Business Is Closing or Moving Assets?

This is where timing can become particularly important.

A creditor who has reason to believe that a debtor is transferring assets, shutting down operations, or reorganizing its affairs may need legal advice quickly.

Florida law contains procedures governing execution, judgment liens, proceedings supplementary, and other post-judgment remedies. The appropriate response depends on what is actually happening and what assets are involved.

A creditor should also avoid taking matters into its own hands.

Threatening customers, seizing property without legal authority, making false accusations, or attempting to bypass court procedures can create entirely new legal problems.

Collection is supposed to recover a debt.

It should not create another lawsuit.

How Long Do You Have to Collect a Business Debt in Florida?

There is no single limitations period for every business debt.

For example, Florida Statute § 95.11 generally provides a five-year limitations period for an action founded on a written instrument. Other claims can have different periods.

The nature of the obligation matters.

So does the date on which the particular cause of action accrued.

A creditor should identify the legal claim before assuming that an old invoice is still enforceable.

This is one reason an attorney should review an aging account before the business simply writes it off or sends another routine reminder.

A Business Debt Is Still a Business Problem

An unpaid $5,000 invoice can be irritating.

Some unpaid $50,000 invoice can disrupt payroll.

An unpaid $500,000 obligation can change whether a business can continue operating.

That is why debt collection should be approached in proportion to the amount at stake, the strength of the evidence, the debtor’s financial position, and the cost of pursuing the claim.

There is also a relationship question.

A company may want the money without destroying a valuable customer relationship. Another company may have reached the point where continuing to negotiate makes little economic sense.

Those are business decisions.

The legal job is to identify the available remedies and the consequences of using them.

When Should You Hire a Business Debt Collection Attorney?

Legal advice can be particularly useful when:

  • The amount owed is substantial
  • The debtor disputes the debt
  • The contract contains complicated provisions
  • A personal guaranty is involved
  • Several businesses or individuals are connected to the transaction
  • The debtor has stopped responding
  • You suspect assets are being moved
  • The debt is approaching a limitations deadline
  • You need to file a lawsuit
  • You already have a judgment
  • You need to investigate enforcement options
  • Bankruptcy has been threatened or filed

The earlier the legal analysis occurs, the more options may still be available.

That does not mean every $2,000 invoice needs a lawsuit.

Sometimes a well-supported demand gets the check.

There are cases where a payment agreement makes commercial sense.

Sometimes litigation is necessary.

And sometimes the debtor’s financial condition makes collecting the judgment itself the hardest part.

Florida attorney discussing judgment enforcement with a business owner

Frequently Asked Questions

How do I collect a business debt in Florida?

  • Begin by documenting the debt, reviewing the contract and supporting records, and determining whether the debtor disputes the amount or the underlying obligation. Depending on the circumstances, collection may involve a demand for payment, negotiation, litigation, judgment, and post-judgment enforcement.

Can I sue a business for an unpaid invoice?

  • Yes, when the facts support a legally recognized claim. The appropriate claim depends on the transaction, contract, records, and applicable Florida law.

Can I personally sue the owner of an LLC for the company’s debt?

  • Not automatically. An LLC is a separate legal entity. Personal liability generally requires its own legal basis, such as a personal guaranty or another applicable theory.

Could I recover attorney’s fees in a business debt lawsuit?

  • Possibly. A contract, statute, or other legal basis may authorize recovery. Florida Statute § 57.105(7) provides for reciprocal attorney’s fee rights in certain contract actions when the statutory requirements are satisfied.

Can I garnish a debtor’s bank account in Florida?

  • Potentially. Florida law provides procedures for garnishment, including post-judgment garnishment under § 77.03. Exemptions, procedural requirements, and the identity of the account holder can affect whether garnishment is available.

What happens after I win a judgment?

  • The creditor may have several enforcement options, including garnishment, execution, judgment liens, and proceedings supplementary, depending on the debtor’s assets and the circumstances.

How long do I have to sue for an unpaid business debt in Florida?

  • It depends on the legal claim. Florida generally provides five years for actions founded on a written instrument, while other claims can have different limitations periods.

Is a judgment the same as getting paid?

  • No. A judgment establishes the legal obligation, but the creditor may still need to use available enforcement procedures to collect the judgment.

Collecting Business Debts in Coral Springs and Broward County

A business in Coral Springs may sell services to another Broward County company, supply goods to customers across South Florida, or have contracts with companies anywhere in the country.

The location of the debtor, the terms of the contract, the applicable law, and the debtor’s assets can all affect the collection strategy.

For a Coral Springs business dealing with a significant unpaid account, the first useful step may be a review of the transaction itself: the contract, invoices, communications, payment history, and any documents showing what the debtor agreed to pay.

From there, the appropriate path may be a demand, negotiation, lawsuit, judgment enforcement, or some combination of those steps.

The important thing is to know which problem you actually have.

An unpaid invoice is one problem. A disputed contract is another. An unpaid judgment is a third.

Treating all three as “someone hasn’t paid us yet” is how a relatively straightforward collection matter can become unnecessarily expensive.

Talk With a Coral Springs Business Litigation Attorney

If your business is owed money by a customer, contractor, company, or other party, Reinfeld & Cabrera, P.A. can review the underlying transaction and discuss the legal options available for pursuing the debt.

That may mean evaluating the contract and records before a lawsuit is filed. It may mean negotiating payment. It may mean litigating the claim. And if you already have a judgment, the analysis may shift toward enforcement.

The right approach depends on the debt, the evidence, the debtor, and the remedies available under Florida law.

Contact Reinfeld & Cabrera, P.A. in Coral Springs to discuss your business debt collection matter.

This article provides general information about Florida business debt collection and is not a substitute for legal advice concerning a particular debt, contract, lawsuit, or judgm

What Happens to Your Business If You Die or Become Incapacitated?

Posted on | by mP@
Business succession planning attorney meeting with a business owner in Coral Springs, Florida

Fast Answer: If a Florida business owner dies or becomes incapacitated, what happens to the business depends on the business structure, governing documents, estate plan, and applicable Florida law. Ownership may pass to heirs or other beneficiaries, while management authority may remain with other owners or designated decision makers. A business succession plan can establish what happens to the owner’s interest and who can manage the company when the owner can no longer do so.

Business owners spend years building companies that depend on their judgment, relationships, skills, and decisions.

Then life does what life does.

An owner dies. An illness leaves someone unable to work. A business partner suddenly has to deal with an estate. Family members inherit an ownership interest without knowing how the company operates. Employees are left wondering who can sign contracts, access accounts, or make decisions.

These situations raise two separate questions:

Who owns the business interest, and who has authority to run the business?

Those answers do not always point to the same person.

A Florida business succession plan addresses what happens to ownership and management when an owner dies, becomes incapacitated, retires, or otherwise can no longer participate in the company. Depending on the business, that plan may involve an operating agreement, shareholder agreement, buy-sell agreement, trust, power of attorney, estate plan, or several of these documents working together.

What Happens to a Business When the Owner Dies?

The answer depends heavily on the type of business and its governing documents.

If a person owns an interest in a Florida LLC, the ownership interest does not necessarily give the person’s heirs an automatic right to step into the owner’s management role.

Florida’s LLC statute distinguishes between a transferable interest and the rights of a member. A transferee generally receives the economic rights associated with the transferred interest but does not automatically acquire the right to participate in management or access company records.

Death can also cause an individual to cease being a member under Florida’s LLC statute, while the consequences of that dissociation depend on the governing law and the company’s operating agreement.

That can create a surprisingly awkward situation.

Imagine a company owned by two siblings. One dies and leaves everything to a spouse who has never worked in the business. The spouse may inherit an economic interest, while the surviving sibling continues operating the company.

Now everyone has a legitimate interest in what happens next.

The spouse wants to know what the inherited interest is worth. The surviving sibling wants to know who has authority to make business decisions. The company needs to continue operating.

An operating agreement or buy-sell arrangement can address those questions before anyone has to improvise.

What Happens If a Business Owner Becomes Incapacitated?

Death and incapacity create different legal problems.

When an owner dies, the estate and succession process becomes relevant. When an owner becomes incapacitated, the business may need someone with legal authority to act while the owner is still alive.

Florida’s Power of Attorney Act defines incapacity in part as the inability to take actions necessary to obtain, administer, and dispose of property, including business property.

A properly drafted durable power of attorney can allow an agent to continue exercising specified authority despite the principal’s later incapacity.

The document needs to grant the authority actually required. Florida law provides that an agent may exercise authority specifically granted in the power of attorney, and certain powers require specific enumeration.

That makes the details important for a business owner.

A document authorizing someone to handle personal banking does not necessarily answer every question involving ownership interests, company management, securities, contracts, or other business decisions.

A succession plan should therefore consider incapacity separately from death.

Does a Will Control My Business After I Die?

A will can determine who receives assets that pass through the estate, including an ownership interest in a business.

But the will does not automatically rewrite the company’s governing documents.

An LLC’s operating agreement governs important aspects of the company’s internal affairs. Florida law expressly provides that an LLC is bound by its operating agreement and that a person who becomes a member is generally bound by it as well.

Corporations have their own governing documents and statutory rules concerning shareholders, shares, directors, officers, and shareholder agreements. Florida’s Business Corporation Act separately addresses restrictions on share transfers and shareholder agreements.

This creates an important planning issue:

Your estate plan and your business documents need to work together.

Suppose a business owner leaves the company to three children in equal shares. The will may produce three equal ownership interests.

But what happens if one child wants to run the company, another wants to sell, and the third wants cash rather than an operating role?

The will alone may not provide a practical answer.

Can a Trust Own a Business Interest?

Yes. A trust can hold certain business interests, and trusts can be part of a broader estate and succession plan.

That does not mean putting an LLC interest into a trust automatically solves the succession problem.

The trust document has to address who controls the trust, who benefits from it, and what the trustee can do with the property. Florida law gives trustees significant powers, including powers to acquire and sell trust property, subject to the terms of the trust and the trustee’s fiduciary duties.

The business documents also have to be considered.

For example, an LLC operating agreement may contain restrictions or requirements concerning transfers, membership, voting, management, or the admission of new members.

A trust can therefore be one component of a succession plan rather than a substitute for the entire plan.

What Is a Buy-Sell Agreement?

A buy-sell agreement establishes rules for what happens to an owner’s business interest when a specified event occurs.

Depending on how it is drafted, the triggering event might include death, disability, retirement, divorce, termination of employment, or another circumstance affecting ownership.

A typical arrangement might give the company or the remaining owners the right, or sometimes the obligation, to purchase the departing owner’s interest.

The agreement can also address valuation and payment terms.

Consider the three-sibling example again.

If one sibling dies, the agreement might provide a mechanism for the surviving owners to purchase that sibling’s interest at a defined valuation methodology. The estate receives value, while the remaining owners retain control of the company.

That is a very different outcome from leaving three people to negotiate ownership after the death.

The details matter. Valuation formulas that seemed reasonable five years ago may produce strange results after the business has grown substantially. Funding also needs consideration. A purchase obligation is useful only if the parties have a realistic way to pay for it.

What Happens to a Family Business When the Owner Dies?

Family businesses create another succession problem: inheritance and management can point in different directions.

A child may inherit an ownership interest without having any experience running the company. Another child may have spent twenty years working in the business and expect to continue operating it.

Those interests can coexist, but the documents need to account for them.

A useful succession plan can address:

  • Who can own the business
  • Who can manage the business
  • Whether family members can transfer their interests
  • Whether existing owners have purchase rights
  • How an owner’s interest will be valued
  • How a purchase will be funded
  • What happens if an heir does not want to participate in the company
  • What happens if the owners disagree
  • What happens if an owner becomes incapacitated

As Alan Reinfeld puts it:

“A 50/50 split sounds wonderfully democratic until two people have a 50/50 disagreement.”

That problem becomes considerably harder when one of the two owners has died and the surviving owner is now dealing with the deceased owner’s estate.

Attorney discussing business continuity and incapacity planning with a Broward County business owner

Who Runs the Business While the Estate Is Being Settled?

This is one of the practical questions business owners often overlook.

A business does not necessarily stop operating because its owner has died. Employees still need to be paid. Customers still expect service. Contracts still need attention. Taxes and other obligations continue.

But the legal authority to make decisions can become complicated depending on the company’s structure and the owner’s role.

An LLC may be member-managed or manager-managed. Florida law provides different management structures, with management generally vested in the members of a member-managed LLC and in the managers of a manager-managed LLC.

That means the succession plan should account for management authority, not merely inheritance.

The same principle applies to corporations, partnerships, and other business structures.

The person who inherits the business and the person who runs the business do not necessarily have to be the same person.

What Documents Should a Business Owner Have in Place?

There is no universal package that works for every business.

Depending on the circumstances, a Florida business owner may need to coordinate several documents:

Operating agreement

For an LLC, the operating agreement can establish rules concerning ownership, management, voting, transfers, and other internal matters. Florida law gives operating agreements an important role in governing the company’s affairs.

Shareholder agreement

Corporations may use shareholder agreements to establish rules concerning ownership and the relationship among shareholders.

Buy-sell agreement

This can establish what happens when an owner dies, becomes disabled, retires, or experiences another specified triggering event.

Will

A will can address assets that pass through the estate, including business interests that are part of the probate estate.

Trust

A trust may hold business interests and establish rules for their administration and eventual distribution.

Durable power of attorney

A properly drafted durable power of attorney can address authority during incapacity, subject to the powers actually granted in the document.

These documents should be coordinated.

A business succession plan can become surprisingly fragile when the operating agreement says one thing, the buy-sell agreement says another, and the estate plan was drafted years earlier without considering the company.

What If the Business Has Multiple Owners?

Multiple-owner businesses need succession planning even when everyone is getting along.

Especially when everyone is getting along.

The difficult provisions are often the ones people are least interested in discussing when the company is doing well.

  • What happens if one owner dies?
  • What if an owner’s spouse inherits the interest?
  • What if one owner wants out?
  • What if an owner becomes unable to work?
  • What if two owners disagree about selling the company?
  • What if the business becomes significantly more valuable?

These are business questions, but they also become estate-planning questions when ownership changes because of death or incapacity.

Stuart Reinfeld puts it this way:

“Most business partnerships start with optimism. The operating agreement is where you discuss what happens when optimism takes a day off.”

That conversation can be uncomfortable. It is also considerably easier to have while everyone is alive, healthy, and still speaking to one another.

How Do You Plan for Business Succession in Florida?

Start by identifying the business interest itself.

Is the company an LLC, corporation, partnership, or another structure? Who owns it? Who manages it? What does the governing agreement say about transfers and management?

Then consider the two events that tend to create the biggest disruption: death and incapacity.

For death, determine how ownership should transfer and whether the remaining owners should have a purchase right or obligation.

For incapacity, determine who can exercise the necessary authority while the owner is alive.

Then coordinate those decisions with the owner’s estate plan.

The goal is not necessarily to create a complicated stack of documents. It is to make sure the documents already governing the business and the documents governing the owner’s estate do not contradict one another.

South Florida business attorney discussing ownership and management succession with business partners

Business Succession Planning in Coral Springs and Broward County

For business owners in Coral Springs, succession planning can involve both business law and estate planning.

A company may have an operating agreement, shareholder agreement, employment arrangements, commercial contracts, and financial obligations. The owner may separately have a will, trust, power of attorney, and other estate-planning documents.

Those pieces should be reviewed together when ownership of the business represents a significant part of the owner’s estate.

The same considerations apply throughout Broward County and South Florida.

A succession plan drafted when a company has two owners and $200,000 in annual revenue may need substantial revision after the company has ten employees, several million dollars in revenue, and three generations of family members involved.

Frequently Asked Questions

What happens to my LLC if I die in Florida?

  • The result depends on the LLC’s operating agreement, ownership structure, and applicable Florida law. Death can cause an individual member to dissociate, while the economic interest and management rights associated with the business interest can be treated differently.

Can my children inherit my business?

  • They may inherit a business interest depending on the business structure, estate plan, governing agreements, and applicable law. Inheriting an ownership interest does not necessarily mean inheriting the right to manage the company.

Does a will determine who runs my business?

  • Not necessarily. A will can address ownership passing through the estate, but management may be governed by the company’s operating agreement, corporate documents, or other applicable rules.

Can a trust own my LLC interest?

  • A trust can hold certain business interests, but the trust terms and the company’s governing documents need to be considered together.

What happens to my business if I become incapacitated?

  • The answer depends on the business structure and the authority available to someone else to act for you. A properly drafted durable power of attorney can provide authority that continues despite later incapacity, subject to its terms and Florida law.

Do I need a buy-sell agreement if I have business partners?

  • It can be useful when the owners need predetermined rules for what happens after death, disability, retirement, or another triggering event. Whether one is appropriate depends on the business and the owners’ objectives.

Planning for the Future of a Florida Business

A business succession plan answers a very practical question:

What happens to the company when the person who currently controls it cannot continue doing so?

For some owners, the answer may involve an operating agreement. For others, it may require a buy-sell agreement, trust, durable power of attorney, revised estate plan, or several documents working together.

The important part is making those decisions while the owner can still make them.

Reinfeld & Cabrera P.A. assists business owners in Coral Springs, Broward County, and throughout South Florida with business planning, estate planning, and legal matters involving ownership and succession. Contact the firm to discuss how your business interests fit into your broader estate and succession plan.

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

Avoiding Probate in Florida: Estate Planning Mistakes to Watch For

Posted on | by mP@
Estate planning attorney reviewing probate avoidance options with a client in Coral Springs, Florida

Can avoiding probate create problems?

Yes. An estate plan can keep an asset out of probate while creating a different problem involving ownership, inheritance, control, or family disputes.

Joint accounts, beneficiary designations, trusts, and survivorship ownership can all be useful estate-planning tools. Problems arise when one of those arrangements is created without considering how it fits with the rest of the estate plan.

A person may add a child to a bank account because the child will receive it automatically at death. Someone else may name a beneficiary on a retirement account and never update it. A homeowner may add a child to a deed to make a future transfer easier.

Each decision can accomplish its immediate purpose. It can also produce an unintended result elsewhere.

When Probate Avoidance Changes the Intended Inheritance

The central problem is coordination.

Suppose a parent wants three children to inherit equally. The will reflects that intention, but one child is the beneficiary of a bank account, another is the beneficiary of a life insurance policy, and the house is jointly owned with the third.

The probate estate may then tell only part of the story.

Florida recognizes numerous arrangements that allow assets to pass outside probate. Some nonprobate assets can nevertheless remain relevant for other estate-planning purposes. For example, Florida’s elective-share statute includes certain payable-on-death, transfer-on-death, in-trust-for, and survivorship accounts when calculating a surviving spouse’s elective estate.

Avoiding probate and determining who should ultimately receive an estate are therefore separate questions.

Can Adding Someone to a Bank Account Cause an Inheritance Problem?

It can.

Adding a child or other person to an account may be intended to provide convenience during the owner’s lifetime or allow the account to pass automatically at death.

But joint ownership can affect both control and inheritance.

The Florida Bar warns that joint ownership can produce unintended consequences involving creditor exposure, unequal treatment of heirs, estate expenses, and other issues.

For example, a parent might add one child to an account because that child helps manage the parent’s finances. If the account carries survivorship rights, the arrangement may also determine who receives the money when the parent dies.

That result may be completely different from an intention to divide the estate equally among several children.

Can a Beneficiary Designation Conflict With a Will?

Yes.

A beneficiary designation can determine who receives certain assets without the asset passing through probate.

That can be useful until an old designation conflicts with a later estate plan.

Suppose someone signs a new will leaving the estate equally to two children. A retirement account still names one child as the sole beneficiary.

The new will does not necessarily change that beneficiary designation.

Beneficiary designations should therefore be reviewed whenever the overall estate plan changes and after major life events such as marriage, divorce, or the death of a beneficiary.

What If I Create a Trust but Forget to Transfer an Asset?

A trust document does not automatically place every asset into the trust.

If someone creates a revocable trust intending for it to hold an investment account, but the account remains solely in that person’s individual name, the trust may not control the account simply because the trust document says it should.

The same issue can arise with real estate, business interests, and other significant property.

The planning documents and ownership records need to match.

Can Putting a Child on Your House Cause Problems?

It can.

Adding a child to real estate can affect ownership and control during the parent’s lifetime as well as what happens after death.

The parent may have intended to make the eventual transfer easier. Instead, the arrangement can create a co-ownership relationship that affects decisions about selling, refinancing, or managing the property.

Florida homestead adds another layer of rules. Florida law places restrictions on the devise of homestead when a surviving spouse or minor child is involved, and separate provisions address certain lifetime transfers.

An ownership change intended to avoid probate therefore needs to be considered under the homestead rules as well.

Broward County estate planning attorney reviewing conflicting beneficiary and ownership arrangements

What Happens When Estate Documents Disagree?

Consider a simple example:

  • The will divides the estate equally among three children.
  • A bank account names Child A as beneficiary.
  • A life insurance policy names Child B.
  • The house is jointly owned with Child C.
  • A trust was created to hold the house, but the deed was never transferred to the trust.

There is no single document explaining the entire estate.

Each asset may have its own transfer mechanism. The family may then have to determine which arrangement controls each asset and whether any of them create additional legal rights.

The underlying problem is coordination.

Should Every Asset Be Arranged to Avoid Probate?

No.

Some assets may appropriately pass through probate. Others may be better handled through a trust, beneficiary designation, survivorship arrangement, or another structure.

The useful planning exercise is to identify the major assets, determine how each is currently owned, and ask how each will pass at death.

Then compare that result with the intended distribution.

That review can reveal inconsistencies before they become disputes.

Avoiding Probate in Coral Springs and Broward County

For families in Coral Springs and Broward County, these issues can arise when an estate includes a Florida homestead, investment accounts, business interests, jointly owned property, or multiple beneficiaries.

They can also arise when someone moves to Florida with estate documents and account arrangements created years earlier in another state.

A will, trust, beneficiary designation, deed, and account title can each serve a legitimate purpose. Problems arise when they produce different results.

Frequently Asked Questions

Can avoiding probate cause problems?

  • Yes. Probate avoidance can create unintended ownership, inheritance, control, or family issues if the arrangement is inconsistent with the rest of the estate plan.

Can adding someone to my bank account change who inherits the money?

  • Yes. Depending on the account’s ownership and survivorship terms, adding another person can affect who receives the account at death.

Could a beneficiary designation conflict with my will?

  • Yes. Certain beneficiary designations control the transfer of assets outside probate and may produce a different result from a later will.

Can I create a trust but still have assets go through probate?

  • Yes. An asset that remains outside the trust and is otherwise a probate asset may still require probate administration.

Can putting my child on my house cause problems?

  • Yes. Adding a child as an owner can affect control and ownership during life, while Florida homestead law imposes additional rules on certain transfers and inheritance.

Should every asset be arranged to avoid probate?

  • No. The appropriate treatment depends on the asset, the owner’s objectives, family circumstances, and applicable Florida law.

When Probate Avoidance Becomes an Estate-Planning Problem

Keeping an asset out of probate can be useful. It can also change who owns it, who controls it, and who receives it.

The important question is whether the way an asset avoids probate produces the result the owner actually intended.

Reinfeld & Cabrera P.A. assists clients in Coral Springs, Broward County, and throughout South Florida with estate planning, trusts, probate, and related matters. If you are considering changing ownership, adding beneficiaries, creating a trust, or restructuring your estate to avoid probate, the firm can review the arrangement alongside the rest of your estate plan.

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

Florida Probate: Summary Administration vs. Formal Administration Explained

Posted on | by mP@
An infographic comparing Florida Summary Administration and Formal Administration eligibility rules, $150,000 asset limits, and court timelines under Florida probate law.

In Florida, court-supervised probate is divided into two primary procedures: Summary Administration (an expedited process for smaller or older estates) and Formal Administration (the traditional, fully supervised court process).

Whether an estate qualifies for Summary Administration depends on the total net value of non-exempt probate assets, whether the decedent has been deceased for over two years, and the complexity of outstanding creditor claims under Florida probate law (Fla. Stat. § 735.201). Understanding how these two probate paths function ensures that South Florida beneficiaries receive their inheritance as quickly and cost-effectively as possible.

Summary vs. Formal Administration at a Glance

Qualification & Process FeatureSummary Administration (Fla. Stat. § 735.201)Formal Administration (Florida Probate Rules)
Estate Value ThresholdNon-exempt probate assets are $150,000 or less (for deaths on/after July 1, 2026), OR the decedent has been deceased for over 2 years.Required for estates exceeding $150,000 in non-exempt probate assets (if death occurred within 2 years).
Personal RepresentativeNot appointed. No Letters of Administration are issued by the court.Required. Court officially appoints a Personal Representative (Executor) with fiduciary authority.
Average Timeline4 to 8 weeks (subject to Broward County court docket schedules).6 to 12+ months (includes mandatory 90-day newspaper creditor notice period).
Creditor Claims ProcessCreditors must be resolved or served prior to distribution; or barred if death occurred over 2 years ago.Formal 3-month Notice to Creditors published in local media to legally bar future claims.
Primary Judicial OrderOrder Summary Administration directly transfers legal title of assets to beneficiaries.Letters of Administration issued at inception; Order of Discharge issued at estate closing.

When Does Summary Administration Apply in Florida?

Summary Administration is an expedited judicial procedure designed to transfer title to beneficiaries without opening a full probate estate. However – to qualify under Florida law, the estate must satisfy one of two statutory criteria:

  1. The $150,000 Net Asset Test: Effective July 1, 2026, Florida increased the summary administration statutory limit. The total value of all assets subject to probate—excluding protected Florida Constitutional Homestead real estate and statutory exempt personal property—does not exceed $150,000 (for deaths on or after July 1, 2026; $75,000 for deaths prior to July 1, 2026).
  2. The Two-Year Rule: The decedent has been deceased for more than two years, regardless of the overall financial value of the estate. Under Fla. Stat. § 733.710, two years establishes a non-claim statute of repose that automatically bars unfiled creditor claims.

Key Distinction: No Personal Representative Appointed

In Summary Administration, the court does not appoint a Personal Representative and does not issue Letters of Administration. Instead, a petition is submitted asking the judge to issue a direct order transferring specific assets (such as a bank account or vehicle) directly to named beneficiaries.

If an estate requires active ongoing legal authority—such as accessing restricted medical records, pursuing a wrongful death lawsuit, or negotiating complex business debts—Formal Administration must be opened regardless of total asset value.

When Is Formal Administration Mandatory?

Formal Administration is the comprehensive, fully supervised probate process in Florida. It is mandatory when:

  • Non-exempt probate assets exceed $150,000 and the decedent passed away within the last two years.
  • The decedent’s Last Will and Testament explicitly mandates formal probate administration.
  • The estate involves disputed creditor claims, contested wills, or missing heirs.
  • Real estate must be actively listed, marketed, and sold during probate, requiring an appointed Personal Representative to sign legal contracts and closing documents.
                           FLORIDA PROBATE DECISION PATH
                                         │
                    Is the non-exempt probate value under $150k
                    OR has the decedent been deceased > 2 years?
                                         │
                   ┌─────────────────────┴─────────────────────┐
                   ▼                                           ▼
                 YES                                           NO
                   │                                           │
         Are there complex debts,                              │
        disputes, or land sales                                │
         requiring an Executor?                                │
           ┌───────┴───────┐                                   │
           ▼               ▼                                   ▼
          YES              NO                        FORMAL ADMINISTRATION
           │               │                        (Full Court Process,
           │               ▼                        Personal Rep Appointed,
           │     SUMMARY ADMINISTRATION             6-12 Month Duration)
           │    (Expedited, 4-8 Weeks,
           │    Order Directly Transfers)
           └───────────────────────────────────────────────────┘

What About Very Small Estates? (Disposition Without Administration)

For extremely modest estates where the decedent left no real estate, Florida offers an informal non-probate process under Fla. Stat. § 735.301 known as Disposition of Personal Property Without Administration.

This simplified filing is available only when remaining non-exempt personal property does not exceed the total sum of preferred funeral expenses and necessary medical bills incurred during the last 60 days of the decedent’s final illness.

Strategic Risk Factors: Creditor Exposure & Multi-State Assets

Selecting between Summary and Formal Administration involves critical legal trade-offs beyond estate size:

1. The Post-Probate Creditor Exposure Risk

Under Fla. Stat. § 735.206, Summary Administration directly distributes assets to beneficiaries without opening a mandatory 90-day newspaper creditor publication window.

If a petition is filed before the two-year non-claim period expires (Fla. Stat. § 733.710), beneficiaries remain personally liable to valid estate creditors up to the full value of the property received. If unknown debts emerge post-distribution, Formal Administration is often safer because publishing a statutory Notice to Creditors permanently cuts off future claims after 90 days.

┌─────────────────────────────────────────────────────────────────────────┐
│                    CREDITOR PROTECTION COMPARISON                       │
├───────────────────────────────────┬─────────────────────────────────────┤
│      SUMMARY ADMINISTRATION       │        FORMAL ADMINISTRATION        │
├───────────────────────────────────┼─────────────────────────────────────┤
│ • No mandatory newspaper notice   │ • Formal 90-day Notice published    │
│ • Beneficiaries personally liable │ • Unfiled claims permanently barred │
│   to creditors (up to asset value)│ • Clean liability shield for heirs  │
│ • Exposure lasts up to 2 years    │ • Full judicial closure of claims   │
└───────────────────────────────────┴─────────────────────────────────────┘
A flowchart diagram illustrating how to determine whether a Florida estate qualifies for Summary Administration or requires Formal Administration.

2. Ancillary Administration for Out-of-State Residents

When a non-Florida resident dies owning real estate in Broward County or anywhere in South Florida, the home cannot be transferred by an out-of-state court order. An Ancillary Probate proceeding (Fla. Stat. § 734.102) must be opened in Florida. Depending on the non-exempt Florida land value, Ancillary proceedings can be conducted as either Summary or Formal Administration.

Frequently Asked Questions

Does Florida Homestead Property count toward the $150,000 Summary Administration limit?

  • No. Protected Florida Constitutional Homestead property passes outside the general claims of creditors and is excluded when calculating the $150,000 threshold for Summary Administration, provided a formal Petition to Determine Homestead Status is filed alongside the summary petition.

What is the 10-day Will Deposit Rule in Florida?

  • Under Fla. Stat. § 732.901, whoever holds the decedent’s original Last Will and Testament must deposit it with the Clerk of the Circuit Court in the county where the decedent resided within 10 days of receiving notice of death, regardless of whether formal probate will be opened.

What is the current Florida Summary Administration asset threshold?

  • Effective July 1, 2026 (Fla. Stat. § 735.201), the Florida Legislature increased the non-exempt probate asset threshold for Summary Administration from $75,000 to $150,000 for deaths occurring on or after July 1, 2026 (or where the decedent has been deceased for more than 2 years). Protected homestead property continues to be excluded from this calculation.

How long does Formal Administration take in Broward County?

  • A routine, uncontested Formal Administration in Broward County typically takes between 6 and 12 months. This timeframe accommodates publishing the mandatory Notice to Creditors, observing the 90-day statutory creditor claim window, marshaling asset inventories, preparing tax accountings, and securing final court discharge.

Can a summary administration be converted to a formal administration if a dispute arises?

  • Yes. If unexpected creditor claims emerge, beneficiaries dispute asset distribution, or unknown assets are uncovered that push the estate over $150,000, any interested party or petitioner can motion the court to convert the summary proceeding into a Formal Administration.

Do I need a probate attorney for Summary Administration in Broward County?

  • While Florida law technically permits self-representation in Summary Administration when no Personal Representative is appointed, court clerk offices cannot provide legal advice. Drafting accurate petitions, verifying homestead status, and coordinating creditor searches require specialized legal guidance to avoid judicial rejection.

Don’t Let an Outdated Deed Dictate Your Family’s Future

Choosing the correct probate pathway prevents costly administrative delays, court rejections, and personal liability for estate debts. Whether your family qualifies for an expedited Summary Administration or requires full Formal Administration in South Florida, taking action with experienced legal counsel guarantees that every asset is protected.

Schedule a Property Deed & Titling Audit

Ensure your real estate title and probate strategy are structured to pass seamlessly outside of or through probate court. Contact the attorneys at Reinfeld & Cabrera, P.A. today to review your estate and property deeds with our South Florida legal team.

  • Office Locations: Coral Springs | Fort Lauderdale | Plantation
  • Direct Telephone: (954) 334-1520
  • Email: Info@lawrct.com
  • Website: mypersonalattorneys.com
  • Local Practice Coverage: Coral Springs, Fort Lauderdale, Tamarac, Plantation, and Broward County

Broward County Probate Attorney Guide: Formal Administration and Estate Planning

Posted on | by mP@
Florida probate attorney reviewing estate planning documents and living trusts in a South Florida law office.

When you sit down at the kitchen table to sort through a parent’s papers after they pass away, the last thing you want is a fresh wave of bureaucratic dread.

What happens to the house now? How do we pay the lingering bills? And why does everyone make probate sound like a multi year hostage negotiation with the state of Florida?

Quick Answer:

Under Florida probate law, administering an estate through the 17th Judicial Circuit in Broward County involves formal or summary court proceedings to settle debts and transfer property. Formal administration typically takes between six months and over a year due to mandatory creditor notice windows, whereas summary administration offers an expedited process for estates valued under $75,000 or where the decedent passed away more than two years ago.

If you search online for estate guidance, you will drown in dry textbook definitions. Most treat probate like an unavoidable trap or a magical cure all. Neither description captures reality. Probate is simply the legal mechanism the state uses to clear title to property. It’s how to pay legitimate creditors, and transition assets when someone passes away without proper advance planning.

So what do Florida families and property owners actually need to know about navigating the Broward County court system. What do they need to get to manage a estate, and keep your hard earned assets out of unnecessary courtrooms? Let us pull back the curtain and talk about how estate administration really works in South Florida without any legal mumbo jumbo.

Why the Internet Gets Probate Wrong (And Why Wills Do Not Avoid Court)

There is a stubborn myth floating around the internet that having a last will and testament means your family completely bypasses the probate court. People assume a will acts like a VIP backstage pass that lets your heirs walk right past the judges and walk away with your property.

Nothing could be further from the truth.

Ask yourself: If I spend my entire life building equity in a home and saving for my children, why would I hand them a legal document that explicitly instructs a judge to oversee how those assets get handed out?

A will does not avoid probate. A will is instructions for the probate court. It tells the judge who you want to inherit your belongings. But the court still has to supervise the process, validate the signature, notify creditors, and formally authorize your personal representative to act. If you want to spare your family from court supervision, you have to look beyond a basic will. You should utilize tools like revocable living trusts, payable on death designations, and properly structured joint ownership.

What Actually Goes Through Probate in Florida?

Not every asset a person owns gets sucked into the probate vortex upon death. Understanding the dividing line between probate and non probate property is the first step toward building a sensible estate plan.

  • Probate Assets: Solely owned real estate, bank accounts held in a single name without payable on death instructions, and personal belongings like vehicles or jewelry without designated beneficiaries must go through court administration to change legal ownership.
  • Non Probate Assets: Assets governed by contract or operation of law pass directly to beneficiaries without court interference. This includes living trusts, life insurance policies with named beneficiaries, retirement accounts. It also includes real estate held as tenants by the entirety or joint tenants with rights of survivorship.

If your estate consists entirely of beneficiary designated accounts and trust owned property, things change. Your family might never set foot inside a courtroom. But if a single deed or bank account was left in your individual name, the probate doors swing wide open.

Formal Administration Versus Summary Administration in Broward County

When a probate estate is opened in the 17th Judicial Circuit in Broward County, the administration generally follows one of two statutory paths. Both depend on the size of the estate and how long the decedent has been gone:

  1. Formal Administration: This is the standard, comprehensive court process required for larger estates or complex matters involving multiple creditors and disputed claims. The court appoints a personal representative, issues letters of administration, requires formal publication of notice to creditors, and mandates a multi month inventory and accounting process.
  2. Summary Administration: A streamlined, expedited court procedure available in Florida if the value of the entire estate subject to probate does not exceed $75,000, or if the decedent has been dead for more than two years. Summary administration bypasses the appointment of a personal representative and moves much faster, though it still requires a formal petition filed by an attorney.
Infographic comparing formal probate administration and summary administration pathways under Florida law.

Avoiding Dual Tracking and Creditor Traps During Estate Administration

When a personal representative steps up to manage an estate in South Florida, they quickly realize that administering assets is a minefield of strict statutory deadlines and creditor notification rules under Florida Probate Code.

How do you handle aggressive credit card companies or mortgage lenders demanding payment while the estate is still frozen in court?

  • The Creditor Notice Period: Florida law requires a diligent search for known creditors and publication of a formal notice in a local legal periodical. Creditors have a strict window (typically three months from the first publication of notice) to file formal claims against the estate.
  • The Priority of Claims: You cannot simply pay out inheritance money to family members while valid estate debts remain unpaid. Florida law establishes a rigid priority structure for paying funeral expenses, administrative costs, taxes, and medical bills before beneficiaries see a dime. Failing to follow this order can expose the personal representative to personal financial liability.

Real World Case Example: Untangling an Estate in Broward County

To see how these rules play out in local practice, consider a scenario our firm frequently handles across Coral Springs and Fort Lauderdale.

A client came to our office after losing a parent who owned a residential home in Broward County without a living trust. The parent had left a simple will naming our client as personal representative, but because the deed was in the parent’s individual name, the property was completely frozen. To make matters worse, a home equity line of credit was past due, and the lender was threatening default proceedings while the family was still grieving.

How Our Legal Team Resolved the Crisis

  • Opening Formal Administration: We immediately filed a petition for formal administration in the 17th Judicial Circuit, securing letters of administration so our client had the legal authority to deal with the bank.
  • Publishing Creditor Notice: We managed the statutory creditor notice period. We shield the personal representative from harassing collection calls and ensuring claims were evaluated through proper legal channels.
  • Resolving the Debt and Transferring Title: By coordinating with the mortgage lender and liquidating a small non probate account to cover arrears, we stabilized the property, avoided foreclosure, and ultimately transferred clear title of the home to the rightful heirs.
The Broward County judicial complex in Fort Lauderdale where 17th Judicial Circuit probate proceedings take place.

Frequently Asked Questions About Florida Probate

How long does the probate process take in Broward County?

  • An uncontested formal administration in Florida typically spans 6 to 12 months. This timeline is largely dictated by mandatory statutory creditor notice periods and court review schedules in the 17th Judicial Circuit. Complex estates involving will contests or contested creditor claims can take significantly longer.

Can I avoid probate simply by writing a last will and testament?

  • No. A common misconception is that having a will avoids probate. In reality, a will provides instructions for the probate court on how you want your assets distributed. To avoid probate entirely, assets must pass outside the will via living trusts, beneficiary designations, or survivorship titles.

What happens if someone dies intestate without a will in Florida?

  • If a person dies without a valid will, Florida intestacy statutes dictate how assets are distributed among surviving spouses, children, or extended relatives. This rigid statutory formula rarely matches what the decedent would have actually wanted. And it often forces court sales of family property to divide proceeds among heirs.

Do I need a probate attorney if I am appointed as a personal representative?

  • Yes. Under Florida probate rules, a personal representative representing an estate with multiple beneficiaries or outstanding creditors is generally required by law to be represented by a licensed attorney admitted to practice in Florida.

Protect Your Estate and Your Family Legacy

Planning for the future or handling the aftermath of a loved one’s passing is not something you should do alone. Whether you want to bulletproof your own estate with a comprehensive living trust or you need experienced local counsel to guide you through a Broward County probate administration, having the right advocate changes everything.

The estate planning and probate attorneys at Reinfeld Cabrera Tison help families across South Florida secure their assets. We establish durable trusts, and resolve complex court proceedings with absolute confidence.

Schedule a Confidential Consultation

Do not wait until a crisis forces your family into court. Speak directly with an experienced attorney today to review your options:

  • 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. All surrounding communities across Broward, Miami Dade, and Palm Beach Counties.

What Happens When a Beneficiary Dies Before the Estate Is Distributed?

Posted on | by mP@
Inheritance documents awaiting estate distribution after a beneficiary dies

The answer depends on when the beneficiary died, the language of the will, the beneficiary’s relationship to the person who died, and whether the beneficiary had already acquired a legal interest in the inheritance.

This situation can become complicated during Florida probate. A beneficiary may die while the estate is still being administered, leaving the personal representative and the surviving beneficiaries with an important question: Who is now entitled to receive that beneficiary’s share?

The answer is not always the beneficiary’s children, and the inheritance does not automatically return to the estate of the person who originally died.

What Happens When a Beneficiary Dies During Probate?

The first question is when the beneficiary died in relation to the person whose estate is being administered.

There is an important legal difference between a beneficiary who dies before the decedent and one who survives the decedent but dies before receiving an inheritance.

Those situations can produce different results under Florida law.

If the beneficiary survived the decedent, the beneficiary may have acquired an interest in the estate even though the probate case had not yet been completed. If that happens, the beneficiary’s own estate may become involved in receiving and administering that interest.

By contrast, if the beneficiary died before the decedent, Florida’s anti-lapse rules may determine whether the gift passes to certain descendants or otherwise fails under the terms of the will.

What If a Beneficiary Dies Before Receiving an Inheritance?

A common misconception is that an inheritance does not belong to a beneficiary until the personal representative actually writes the check or transfers the property.

That is not necessarily how probate works.

When a beneficiary survives the person who created the will, the legal treatment of that beneficiary’s interest can be different from the situation in which the beneficiary predeceases the decedent. The fact that distribution has not yet occurred does not by itself answer who ultimately receives the property.

The personal representative may therefore need to determine whether the deceased beneficiary’s interest must be distributed to the beneficiary’s estate.

This is one reason the question “what happens if a beneficiary dies before probate is complete?” cannot be answered with a single rule.

What If the Beneficiary Survived the Decedent?

This is one of the most important distinctions.

Suppose Maria leaves $100,000 to her son David in her will. Maria dies, and her probate estate is opened. David is alive when Maria dies, but he dies several months later while the probate case is still pending.

The fact that David died before receiving the $100,000 does not necessarily mean the gift disappears.

Depending on the circumstances and the terms of Maria’s will, David’s interest may become part of his own estate. His personal representative may then have to address that inheritance as part of David’s estate administration.

That can introduce a second probate or estate administration process.

The personal representative of Maria’s estate may therefore need to coordinate with the representative of David’s estate before the inheritance can be distributed.

What If the Beneficiary Died Before the Person Who Made the Will?

The situation can be different when a beneficiary dies before the testator.

For example, imagine that Maria’s will leaves her estate to her son David, but David dies before Maria. Maria later dies without changing her will.

Florida’s anti-lapse statute can sometimes preserve a gift to a deceased beneficiary’s descendants rather than allowing the gift to lapse. Florida Statutes section 732.603 applies to certain devisees who are relatives of the testator and who leave descendants who survive the testator. The statute also contains exceptions and conditions that can affect whether the rule applies.

This means that a beneficiary’s children do not automatically inherit every time a named beneficiary dies first.

The relationship between the deceased beneficiary and the testator matters. So does the language of the will.

How Does Florida’s Anti-Lapse Law Work?

Florida’s anti-lapse statute is designed to address certain situations in which a person named to receive property under a will dies before the testator.

Under section 732.603, a devise to certain relatives of the testator does not necessarily lapse merely because the named beneficiary dies before the testator. When the statutory requirements are satisfied, the deceased beneficiary’s descendants may take the property in the manner provided by the statute.

But anti-lapse rules should not be treated as a universal substitute-beneficiary provision.

The statute has specific requirements concerning the relationship between the testator and beneficiary, the beneficiary’s descendants, and survival. The will itself can also contain language that affects the outcome.

For that reason, determining whether Florida’s anti-lapse law applies requires examining the actual estate planning documents and the family relationships involved.

Does the Inheritance Go to the Beneficiary’s Children?

Not automatically.

Whether a deceased beneficiary’s children receive the inheritance depends on the circumstances.

If the beneficiary died before the testator, Florida’s anti-lapse statute may allow certain descendants to receive the gift.

If the beneficiary survived the testator and then died during probate, the analysis can be different. The beneficiary’s interest may instead become part of the beneficiary’s own estate, depending on the nature of the property interest and the governing documents.

The distinction is critical.

Simply knowing that “the beneficiary died” is not enough to determine what happens next.

Family members reviewing inheritance documents after a beneficiary’s death

What Happens to the Deceased Beneficiary’s Estate?

When a beneficiary survives the original decedent but dies before receiving the inheritance, the beneficiary’s own estate may become relevant.

The inheritance may need to be administered alongside the beneficiary’s other assets. The beneficiary’s will, if there is one, may affect who ultimately receives the property. If there is no valid will, the beneficiary’s estate may instead be distributed under the applicable intestacy rules.

This can create a situation in which one estate is effectively waiting for another estate to be administered.

For example, the personal representative of the first estate may need documentation establishing who has authority to act for the deceased beneficiary’s estate before completing distribution.

What If the Will Names a Backup Beneficiary?

Some wills specifically address what happens if a beneficiary dies.

A will might provide that if a named beneficiary does not survive the testator, the property goes to another person or group of people. Other wills may contain language creating a substitute gift or otherwise addressing descendants.

These provisions can change the analysis significantly.

This is why the will should be reviewed before relying on a general rule about a beneficiary who dies before receiving an inheritance.

A specific provision in the will may provide a different result from what would happen under the default statutory rules.

What Does the Personal Representative Need to Do?

The personal representative is responsible for administering the estate according to the will and Florida law.

When a beneficiary dies during administration, the personal representative may need to determine:

  • When the beneficiary died
  • Whether the beneficiary survived the decedent
  • Whether the will contains a substitute beneficiary provision
  • Whether Florida’s anti-lapse statute applies
  • Whether the beneficiary had already acquired an interest in the estate
  • Whether the beneficiary left a will
  • Who has authority to represent the beneficiary’s estate
  • Whether additional court filings are necessary
  • Whether the distribution should be delayed until the issue is resolved

The personal representative should not simply assume that the deceased beneficiary’s share goes to the beneficiary’s children or surviving relatives.

The correct result depends on the facts and governing documents.

Can a Beneficiary’s Death Delay Probate?

Yes.

A beneficiary’s death can complicate or delay an estate administration, particularly when the deceased beneficiary’s estate must become involved.

The personal representative may need additional documentation, court orders, or information about the beneficiary’s heirs or estate. If family members disagree about who should receive the deceased beneficiary’s share, the issue can become contested.

This is one reason a probate case can remain open even after the major assets and beneficiaries initially appear to have been identified.

What If Family Members Disagree About the Inheritance?

Disputes can arise when different family members interpret a will differently or disagree about whether an anti-lapse provision applies.

For example, one relative might argue that the deceased beneficiary’s children should receive the inheritance, while another argues that the property should pass under a different provision of the will.

The personal representative may need to seek legal guidance or court involvement rather than making the distribution based on an informal family agreement.

A disputed inheritance can also become more complicated when the deceased beneficiary had creditors, a separate probate estate, or competing heirs.

What Happens When a Beneficiary Dies Before the Estate Is Distributed in Florida?

There is no single answer for every Florida probate case.

If the beneficiary died before the decedent, Florida’s anti-lapse statute may apply in certain circumstances.

If the beneficiary survived the decedent but died before receiving the inheritance, the beneficiary’s interest may instead become part of the beneficiary’s own estate.

The will, the timing of the deaths, the relationship between the people involved, and the nature of the property all matter.

That is why a personal representative should determine the legal status of the beneficiary’s interest before distributing the estate.

Frequently Asked Questions

What happens if a beneficiary dies before probate is complete?

  • It depends on whether the beneficiary survived the person whose estate is being administered. If the beneficiary survived the decedent and later died during probate, the beneficiary’s interest may need to be handled through the beneficiary’s own estate. If the beneficiary died first, Florida’s anti-lapse rules may apply in certain circumstances.

Are heirs responsible for a deceased beneficiary’s inheritance?

  • Not necessarily. An inheritance may become part of the deceased beneficiary’s estate, and the people ultimately entitled to receive it can depend on the beneficiary’s will or Florida intestacy law.

Does a deceased beneficiary’s estate receive the inheritance?

  • When a beneficiary survives the original decedent but dies before distribution, the beneficiary’s estate may have a claim to the beneficiary’s share. The specific result depends on the nature of the interest, the will, and the circumstances of the estate.

Does Florida’s anti-lapse statute apply whenever a beneficiary dies?

  • No. Florida’s anti-lapse statute contains specific requirements and applies to certain circumstances involving beneficiaries who die before the testator. The statute should be reviewed together with the will and the family relationships involved.

Do the beneficiary’s children automatically inherit?

  • No. The beneficiary’s children do not automatically inherit simply because their parent died. They may receive property under Florida’s anti-lapse statute in qualifying circumstances, or they may inherit through their parent’s estate under different circumstances.

Can a beneficiary’s death create another probate case?

  • It can. If a beneficiary survives the original decedent and later dies while entitled to receive property, the beneficiary’s estate may need to administer that interest.

What should a personal representative do when a beneficiary dies?

  • The personal representative should establish when the beneficiary died. He needs to review the will, determine whether the beneficiary survived the decedent, identify any applicable substitute-beneficiary or anti-lapse provisions. He then needs to determine who has legal authority to receive or administer the beneficiary’s interest.