Blog

Dying on Your Own Terms: A Brief Look at Medical Aid in Dying

Frequently incorrectly called “assisted suicide” or “euthanasia,” medical aid in dying allows a terminally ill, yet still mentally capable adult who has six months or less to live, to end…

2 Fast Facts About Filing a Will in Florida

At the time of your death, your personal representative has to file your Will with the probate court. There is plenty to know about drafting and filing a Last Will…

The 2 Types of Special Needs Trusts

A special needs trust (sometimes called a “supplemental needs trust” or abbreviated “SNT”) is a trust that is set up to take care of a disabled individual. This may be…

What a Probate Lawyer Does for You That No One Else Does

Not everyone likes lawyers—until they need one, that is. Then your local attorney goes from “zero” to “hero.” But what, exactly, do attorneys do for you? Most of us may…

If You Are “In Terrorem” of a Will Contest, Can You Include a “No Contest” Clause in Your Florida Will?

If you anticipate that a disgruntled heir is going to challenge your Last Will and Testament (“Will”) after you die, can you include a “no contest” clause in your Florida…

Does Florida Have a Small Estate Affidavit?

Not all estates for purposes of probate are large. And yet even small estates must go through probate in order to distribute a decedent’s assets (however small) to his or…

Buying or Selling Property in Florida? Then You Need to Know About Warranty Deeds.

Deeds are critical when exchanging property. In fact, if you are buying or selling property in Florida, then you need to know about deeds, and especially warranty deeds. What’s in…

Where the Heck Did I Put It? A Lost or Destroyed Will in Florida.

During our lifetimes, we can often make right things that go wrong, or we can replace lost or stolen items. But all that ends when we die. Which brings up…

3 Reasons Why You Need to Have a Trust Lawyer in Florida.

As Americans, we pride ourselves on our independence. And heck, being able to get things done and do them yourself is almost always a good thing. Almost always. Not always.…

3 Facts to Know about Custodial Accounts

There are lots of things you should know about custodial accounts (UTMA/UGMA), and plenty of reasons to speak with a knowledgeable estate and probate lawyer about them. But starting with…

What Happens if a Decedent Owned Property in Multiple States?

Have you ever wondered what happens if a decedent owned property in multiple states? Exactly how would probate of the property be handled if the property the decedent owned wasn’t…

4 Basic Terms You Should Know if Considering a 529 College Account.

Often referred to simply as a “529,” prepaid college accounts (referred to here as “529 college accounts” or “529 plan”), 529 college accounts can be a great way to save…

Donor Advised Funds: What They Are and What They Can Do.

When it comes to estate planning and charitable giving, there are a lot of tools that can be used to achieve an individual’s estate planning needs. A donor advised fund…

4 Common Problems Trustees Face in Administering a Trust

Let’s face it. Administering a trust is never easy. While any number of problems can arise when administering a trust, in this post we will look at 4 common problems…

3 Duties Every Personal Representative Must Accomplish to Administer an Estate.

The duties of a personal representative in administering a decedent’s estate are many and varied. In a very broad sense, there are 3 duties every personal representative must accomplish in…

What is a Power of Appointment and What Can it Do?

One provision of a Last Will and Testament (“Will”) that is not often talked about is a power of appointment. What a power of appointment is, and what it can…

The 3 Types of Probate in Florida

Good estate planning helps you to avoid probate. Probate is the time-consuming and expensive court process that oversees the distribution of a decedent’s estate. There are 3 types of probate…

Luck Be a Lady Bird Deed… or Trust? Which is Better?

Before you develop an estate plan with your estate and probate lawyer, there are lots of things to consider. Chief among them is how you want to handle the transfer…

2 Things to Know About Transfers to Minors and Florida’s Uniform Transfer to Minors Act.

Kids. We love ‘em. Lots. And so, if you have children or grandchildren, you may be wondering about transfers to minors and Florida’s Uniform Transfer to Minors Act (UTMA). You…

You Can’t Take It With You, But It Might Be Portable: Portability and the 706.

A major issue addressed in estate planning is taxes: federal taxes, gift taxes, state taxes, and estate taxes. Tax considerations, with an eye towards minimizing taxes as they apply to…

Irrevocable Doesn’t Always Mean Irrevocable: 2 Ways to Change an Irrevocable Trust.

Is an irrevocable trust actually irrevocable? Most of the time, estate planning rules mean exactly what they say. So, for example, if the law says a trust is irrevocable, it…

Looking Ahead: What is Medicaid’s 5-year Look-back?

Covering 1 out of every 5 Americans, Medicaid is our nation’s public health insurance program for those of low income. Importantly, it provides long-term care coverage for most Americans. But…

3 Common Will Provisions and the Rationales Behind Them.

We firmly believe that everyone over the age of 18 should have a Last Will and Testament (“Will”), trust or other provision for the distribution of property, along with necessary…

2 Trusts You May Not Have Heard Of.

Spendthrift trusts. Revocable living trusts. Irrevocable living trusts. Special needs trusts. Charitable trusts. Constructive trusts … You may have heard of these trusts. But there may be some trusts you…

Calling All Artists, Authors, and Musicians: Estate Planning and Copyrights.

When we think about estate planning and the property we want to pass on to our loved ones, the family home, 401K accounts, bank accounts, cars, jewelry, and other tangible…

A Cautionary Tale of Cryptocurrency and Estate Planning: Billionaire Matthew Mellon’s Million Dollar Disaster.

Estate planning is no stranger to estate planning disasters. Consider, for example, the number of celebrities who have died intestate (without a Last Will and Testament (“Will”)). Stars like Aretha…

The 2 Tiers of Intestacy Laws in Florida.

If you die without having made a Last Will and Testament (“Will”), trust or other provision for the distribution of your property, it will be distributed according to Florida’s laws…

Darling, Please Marry Me. But Sign Here First. Estate Planning and Prenuptial Agreements.

Marriage is a wonderful institution. It speaks of love, devotion, and commitment. Sadly, statistics indicate that almost half (50%) of all marriages in America will end in separation or divorce.…

3 Reasons Why Young Adults Need Their Own Estate Planning Documents Now!

You’re young adults. You’re healthy. You’re on top of the world. You’ve got some stuff, but you haven’t accumulated a lot of wealth yet. Maybe you’re a college student.…

Got a Car? Then You Need to Know About Florida’s “Dangerous Instrumentality Doctrine.”

You may not think of your car as your greatest liability, but it can be. If you own a car, chances are you will lend it out from time to…

3 Important Factors You Should Know About Digital Assets and Estate Planning

You might be surprised to learn that digital assets and estate planning are becoming increasingly important considerations. In recent months, cryptocurrency has continued to live up to its reputation for…

What is Fiduciary Litigation?

Trusts have trustees. Probate estates have personal representatives. Those who are incapacitated or incapable of acting for themselves (like children) have a legal guardian or conservator. What do all these…

3 Possible Signs of Estate Mismanagement

Estate mismanagement is more common that you might expect, whether accidental or intentional. Florida law requires a personal representative (also known as an “executor” or “administrator”) to carry out a…

Tangible or Intangible Personal Property: Why it Matters in Estate Planning.

The purpose of a comprehensive estate plan is to decide how to handle your assets during your lifetime and then how to distribute them when you die. Most people readily…

Children Born After Your Will is Executed: What Happens Now?

Questions about children born after your Will is signed? Let’s say you are a conscientious person, so you diligently have an estate plan, including a Last Will and Testament (“Will”)…

2 Benefits of a Spendthrift Trust and 3 Exceptions to the Rule.

One of the aims of a comprehensive estate plan is to help individuals address the needs of their families. Spendthrift Trust Overview Not every beneficiary is capable of handling an…

What is a Surcharge Action?

Probate litigation is a varied and complex area of law. One question that Samantha J. Fitzgerald is often asked is, what is a surcharge action? In today’s post, we will…

Got a Business? Do These 3 Things Now.

Owning your own business is certainly rewarding. But it also comes with great responsibility. You may have employees. Or you may have important contracts or assets to protect. Whatever the…

Are There Different Types of Deeds in Florida?

When estate and probate attorney Samantha J. Fitzgerald helps individuals navigate the complex and complicated areas of estate and probate law, she guides them in deciding which is the best…

Make Long-Term Care Part of Your Estate Plan

In estate planning, we think about and consider any number of life-impacting issues. Among other things, at the Law Offices of Samantha J. Fitzgerald, we help our clients think about…

4 Different Types of Florida Wills

When thinking about developing a comprehensive estate plan, a Last Will and Testament (“Will”) almost always comes to mind. And for good reason. Wills are certainly an important part of…

Why You Should Consider Creating a Burial Plan

Have you considered creating a burial plan? Have you spent any time thinking about what type of funeral you would like? Do you know whether you want to be cremated,…

The 2 Biggest Estate Planning Mistakes People Make When Trying to Plan for a Pet

Estate planning mistakes are more common than you may think, especially when pets are involved. It’s no secret that we dearly love our pets. According to the US Census Bureau,…

3 Things to Know About Florida Gun Trusts

A gun trust is an important consideration for gun lovers and collectors who are thinking about their estate planning, because owning firearms presents a serious problem. Why? Because the law…

A Look at Second Marriages and Florida Estate Planning

According to statistics, the divorce rate in the United States in 2020 (excluding California, Hawaii, Indiana, Minnesota, and New Mexico) for every 1,000 people was 2.3. While that is lower…

Demystifying “Step Up in Basis” in Florida Probate.

Florida estate planning and probate attorney Samantha J. Fitzgerald understands how confusing estate planning concepts can be. That’s why she takes the time to explain difficult concepts, like “step up…

Are Oral or Handwritten (Holographic) Wills Valid in Florida?

As an estate and probate lawyer in Plantation Florida, Samantha J. Fitzgerald is often asked whether oral or handwritten Wills are valid in Florida. Many people wait a bit too…

3 Things to Consider When Deciding How to Own Rental Property.

If you own rental property, it can be a great investment. But being a landlord comes with its own set of complications and risks. Top among them are tax implications…

3 Benefits of Having a Letter of Instruction

In our modern world it seems that letter writing is a long-lost art. While we may be able to handle most communications through email or text, when it comes to…

2 Lifestyle Factors of a Testator That May Disprove Undue Influence

In many probate litigations, a testator’s Last Will and Testament (“Will”) or a trust can be subject to a claim for undue influence. What Is Undue Influence? Undue influence is…

It’s a Bird…It’s a Lady…It’s a Deed…: What is a Lady Bird Deed?

In Florida, Samantha J. Fitzgerald looks for ways to help her clients avoid probate. Why? Because probate is a time-consuming and expensive process that can eat up an estate’s assets…

Get it Together in 2022: Why Consolidating Accounts is Important for Estate Planning.

Would consolidating accounts help? Let’s see…you have a checking account at Big Bank of Florida, an old 401(k) retirement account at a Plantation Florida Big Bank, an investment account, a…

3 Estate Plan Lists You Should Make Today.

The great thing about lists, like your “Honey Do” or “To Do” list, is that they prioritize items and keep them top-of-mind. They also help keep you organized so you…

How Long Do Estate Planning Documents Last?

When we think of estate planning, the first document that tends to come to mind is a Last Will and Testament (“Will”). But there are other estate planning documents that…

Don’t Make These 3 Estate Planning Mistakes.

Estate planning tackles a number of complicated and difficult issues— it can encompass everything from asset protection to providing for those with special needs, to reducing estate taxes, to disinheriting…

It All Goes to Betty…Or Bobby…Or Sally…Or…: Why Naming Alternates is Critical for Estate Planning.

A comprehensive estate plan requires careful consideration and planning as well as a thorough knowledge of the applicable state laws. An estate plan requires executing a number of legal documents.…

About Bitcoin: Cryptocurrency and Your Estate Plan

Bitcoin raises some interesting issues in estate planning. With a market value of already more than $3 trillion dollars, cryptocurrencies are fast becoming a significant part of the estates of…

Not Just a Rubber Stamp: The Importance of Notarizing a Will and Doing It Correctly.

So often we see Wills (“Last Will and Testament”) that have defective notary blocks. While there are several different types of defects, some of the more common include: Failing to…

How Can Married Couples Protect their Assets from Creditors?

Protecting your assets from creditors and lawsuits should be part of your estate plan. There are a number of asset protection strategies that you can integrate into your estate plan.…

4 Important Terms You Should Know When It Comes to Inheritance.

Testate, intestate, heirs, beneficiaries, probate…the terms used in estate planning can be complicated and confusing. Which is why it can be very helpful to have a basic understanding of some…

When “X” Marks the Will: Is an “X” a Valid Signature for Your Will?

In Florida, for a Last Will and Testament (“Will”) to be valid, it must comply with certain legal formalities. The necessary legal formalities vary from state to state, but generally…

What is a Trust Limitation Notice?

Administering a trust is no easy proposition. Trustees have a significant number of duties to perform and the failure to carry out those duties can have severe consequences. One extremely…

3 Situations When You Should Amend Your Revocable Trust, and 1 When You Should Revoke It Altogether.

We frequently mention how flexible revocable living trusts are as an estate planning tool. But there are times when you may need to amend your revocable trust, and there is…

I Object! What Happens if You Object to a Will or Claim in Probate?

Any number of difficult and painful situations can arise during the probate of a Last Will and Testament (“Will”). One particularly difficult and emotional situation that can arise is when…

The 1 Major Roadblock Older Out of Wedlock Children Face When It Comes to Inheriting and Intestacy.

In today’s day and age being born out of wedlock no longer has the social stigma it once did. But while we may have advanced socially, being born out of…

What is an ILIT and Why Would You Want One?

Estate planning has certain wealth management aspects to it, including asset protection and wealth planning. In today’s post, we will discuss one estate planning tool that helps to ensure that…

What is a SLAT and When Does it Make Sense to Have One?

Acronyms can make you feel like you’re totally “in the know”: like you’re speaking a secret language. Or they can simply confuse the heck out of you. Today we’re taking…

3 Tough Questions to Ask Yourself Before Meeting with an Estate and Probate Attorney.

Once you have taken the important step of making an appointment to meet with an estate and probate lawyer to discuss your estate plan, you should take a little time…

Asserting Control from Beyond the Grave: Conditional Bequests.

When you make a Last Will and Testament (“Will”) you get to decide who will receive your property at the time of your death. You also can choose when they…

4 Essential Elements a Trust Must Have to Qualify Under Florida’s New Community Property Trust Act.

On July 1, 2021, Florida’s new Community Property Trust Act became effective. The Community Property Trust Act (or “CPTA”) allows married couples in Florida to create a valid community property…

The Interplay of Partition Actions and Probate Estates.

When someone dies quite often the most important asset passed on to his or her heirs is the family home. But when an inheritance consists of something like the family…

Florida’s New Community Property Trust Act: An Overview.

Florida recently enacted a new law that is making some exciting changes in estate planning. This new law, the Community Property Trust Act (CPTA) went into effect on July 1,…

Good Things Come in Threes: The 3 Main Roles in a Trust.

A revocable living trust (aka a “living trust,” referred to here simply as a “trust”) is a wonderful estate planning tool. But understanding who the parties in a trust are…

Why A Power of Attorney Isn’t So Powerful When It Comes to Trusts.

When your life has reached the stage where you may need to help a loved one or aging parent handle their finances or make medical decisions for them, a great…

What’s So Special About Special Needs Trusts?

A trust is a very flexible estate planning tool. The great thing about creating a trust is that it can adapt to the particular needs of your unique situation. If…

2 Ways You Can Lose Tenancy by The Entirety Property Protection.

Not all states allow married couples to hold property under the designation of tenancy by the entirety (“TBE property”). But in those states, like Florida, that do, owning real or…

3 Estate Planning Mistakes.

The whole point of having an estate plan is to plan ahead and prepare for your inevitable demise so that you can have peace of mind, knowing your family will…

Why Having a Will Simply Isn’t Good Enough.

We often emphasize how important it is to not die without a Last Will and Testament (“Will”) in place. In other words, we encourage you to not die “intestate.” And…

If You “Care a Lot” About Your Future, Do This to Avoid Becoming a Ward of the State.

Netflix’s movie, I Care A Lot, is causing quite a stir. The movie centers around an entrepreneur, Marla Greyson (Rosamond Pike) who runs a business as a court-appointed guardian handling…

If You Die Without a Will, who is in Charge of Your Estate?

At the end of a long day where it seems that life is a mess and you’re the one who has to do everything for everybody, did you ever wonder…

What is a Florida Land Trust?

If you own real estate in Florida, you may be interested in learning more about Florida’s Land Trusts. Although a comprehensive explanation of land trusts is beyond the scope of…

The Number 1 Thing You Must Do After Creating a Trust to Avoid Probate.

One of our favorite estate planning tools is a revocable living trust (referred to in this post as a “trust”). Why? Because, unlike a Last Will and Testament (“Will”) (another…

What Can You Do in Your Will?

Maybe you’re wondering why having a Last Will and Testament (“Will”) is so important. Perhaps you think that it’s not really such a big deal. After all, what exactly can…

Walking a Fine Line: The Difference Between Being a Dutiful Child and Undue Influence.

In Florida, a Last Will and Testament (“Will”) is void, either in whole or in part, if it has been procured by fraud, duress, or undue influence. When a Will…

Can a Disparity in Mental Acuity between Decedent and a Beneficiary be Evidence of Undue Influence?

Undue influence is a troubling and often complex concept. Not everyone, or every state for that matter, agrees on what constitutes undue influence or how to prove it. One major…

Due Diligence and Reasonably Ascertainable Creditors in Florida Probates.

The personal representative appointed to administer a decedent’s estate has a lot of important duties to perform. One of these is making a diligent search for all creditors of a…

3 Common Disputes That Arise Between Beneficiaries and Personal Representatives in Probate Proceedings

It may not surprise you to learn that not all probate proceedings go smoothly. Like other areas of law, trusts and estates has its share of complications and disputes. During…

Don’t Write Your Will Yourself. But if You do, Keep These Principles in Mind.

Let’s say you understand how important it is for you to have a Last Will and Testament (“Will”) before you die. Great. But now let’s say you decide to write…

Demystifying Title Insurance: What it is and Why You Need it.

When making an estate plan, one of the issues that frequently comes up is the family home. Many times, an estate plan will encompass transferring the home to a revocable…

Warranty Deed, Special Warranty Deed, Quitclaim…Oh My!: What are the Different Types of Deeds?

One of the most important documents you will ever have in your life —other than your Last Will and Testament (“Will”) of course— is a deed. You may have heard…

3 Things to Understand About Florida’s Pet Trust Laws.

For many of us, our pets are like family. And, like our family, we worry about how they will be taken care of when we die. After all, a horse…

Accumulating Trust Income: A Good Idea?

Administering a trust is often a difficult and complex job. How a trustee invests and disburses trust assets can have important tax implications. That is why it is critical to…

Just 5 of the Many Duties You Have as Trustee of a Trust.

Trusts can be a bit difficult to understand. But boiled down to its essence, a trust is a legal entity that is established by a person (called the “grantor,” “settlor,”…

Hey Kids, We’re Spending Your Inheritance: Why You Should Talk to Your Parents about Their Money.

Like it or not, if you have aging parents, at some point, you’re going to need to talk to them about money. Their money and how they are spending it.…

Can the Personal Representative of an Estate be Removed?

When you work with your estate and probate lawyer to develop your estate plan, one of the things you will do is decide who will be the personal representative (or…

What is Undue Influence and How Do You Prove it in Probate Court?

Sometimes having a Last Will and Testament (“Will”)—even one that has been properly executed— isn’t enough to avoid litigation during probate. One growing area of concern caused by the rapidly…

5 Types of Fees to Expect in a Probate Action.

Although the costs of probate depends on a number of factors, such as the size of your estate, where you live and whether or not your estate is simple or…

What Common Problems Can Come Up During Probate?

While there is no getting away from the fact that each probate case is unique, there are some common problems that can come up during any probate. Here are a…

3 Actions You Can Take to Avoid Probate.

A major benefit to working with an experienced estate and probate lawyer is that doing so can, to a large extent, help your estate to avoid probate. Avoiding probate saves…

Thanks, But No Thanks: How to Disclaim an Interest in Florida.

Have you ever wondered what you would do if you decided you did not want an inheritance that was left to you? It might not be commonplace, but sometimes if…

Death, Debts and Probate: Do All Debts Have to be Paid through Probate?

One aspect of an estate’s responsibilities that probate administration handles after the death of a person, is paying all estate taxes and debts. But does that mean that all debts…

A Brief Look at Formal vs. Informal Probate Administration in Florida.

To anyone unfamiliar with probate, or how probate administration in Florida works, this area of law can be confusing and complex. Probate in Florida is the legal process of gathering…

3 Grounds for Contesting a Florida Last Will and Testament

Inheritance doesn’t always go the way you might expect it to. For example, have you ever wondered what happens if the Florida Last Will and Testament (“Will”) of one of…

The What and Why of a Probate Caveat: What it is, and Why One Might be Filed.

One caveat before we get started: today’s post is all about probate. And caveats. Probate caveats. If you’ve never heard of probate caveats, don’t worry. In today’s post we’ll explain…

Pencil Me In: Can You Just Handwrite Changes to Your Will or Trust on the Original Document?

We all know that life changes. Constantly. Sometimes instantly. So it makes sense that at some point you might want to make changes to your Last Will and Testament (“Will”)…

4 Necessary Steps for Estate Administration in Florida.

Probate estate administration is the legal process used to distribute a person’s estate (i.e. property and possessions) after they die. Although it is essential to administer an estate, it is…

A Brief Look at Estate Planning and Guardianship Law in Florida.

What could be closer to our hearts than taking care of our children or family members who need us? Over the past several months, the coronavirus (COVID-19) pandemic has brought…

Can You Change the Terms of a Trust?

Trusts are a favored estate planning tool in large part because they are so flexible. They can be used to adapt to a wide variety of estate planning needs. We…

3 Reasons Why You Should Not Try to do Your Estate Plan Yourself

People are always looking for ways to save money. And with so much information and pre-made legal forms online, you might think that you can handle drafting your Will (“Last…

Who Can Witness a Will in Florida?

To be valid, a Last Will and Testament (“Will”) has to comply with a number of “formalities.” One important formality is having (generally) 2 people who witness the signing of…

Why Wills and Trusts Go Together Like Peanut butter and Jelly.

We find in our wills, trusts, and probate practice that clients frequently think they need only a Will (“Last Will and Testament”) or only a trust (“Living Trust” or “Revocable…

5 Key Trusts and Estates Terms You Should Know.

When planning your estate, it’s important to understand some of the more common trusts and estates terms generally used by the law and your probate lawyer. Here are 5 trusts…

The Divorce Was Bad Enough. But What Happens if You Die Without Changing Your Will?

Going through a divorce can be an overwhelmingly devastating experience. And the last thing you need after a divorce is to make your financial affairs more complicated or worse off…

Who is a “Personal Representative” and What Does He or She Do?

When you die, you not only leave behind all your loved ones, you leave behind all your property — both real, personal, and digital. You may also leave behind a…

4 Essential Estate Planning Documents You Need.

Right now, the coronavirus (COVID-19) pandemic is making all of us take a closer look at so many things in our lives: how we socialize; how we do our work;…

Do you have a safe deposit box?

Safe deposit box cause a lot of headaches when the box owner dies. Certain people (such as a spouse, a parent, an adult child/grandchild, or a person named as a…

Should I have a Durable Power of Attorney?

In my opinion, a durable power of attorney is often times the most important estate planning document that you can have. It’s also one of the most abused documents (more about…

What is a health care surrogate?

What is a health care surrogate designation (aka healthy care proxy, advanced directive or medical power of attorney) and what happens when you don’t have one? A health care surrogate…

Handwritten Wills

Is a handwritten Will valid in Florida? Sure is! As long as it is signed by the testator (that’s the person making the Will) at the end of the document,…