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Florida Probate Explained: Real Case Studies, Probate Process, and How to Avoid Probate

Key Takeaways • Probate is required for assets owned solely in a decedent’s name without beneficiaries • Summary administration may be available for smaller estates • Formal administration is used…

Probate

What Happens If You Don’t File Probate in Florida?

Key Takeaways: Filing Probate in Florida If probate is not filed in Florida, serious legal and financial problems can arise. Remember these key points: A will has no legal authority…

Estate Planning Wills & Trusts

What Is the Best Way to Leave Your House to Your Children?

Key Takeaways: Best Way to Leave Your House to Your Children When planning to transfer your home to your children, remember these key points: Gifting property during your lifetime can…

Probate

What Happens to Your Debt When You Die in Florida?

Key Takeaways You typically do not inherit debt in Florida Debts are paid through the estate during probate Creditors must follow strict deadlines Debts are paid in priority order If…

Estate Planning

Are You Falling for These Florida Homestead Myths?

Key Takeaways Homestead protection does not apply to every creditor Florida law restricts how homestead property can be inherited Placing your home in an LLC can remove homestead protections There…

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Probate

What Is the Deadline to File Probate After Death in Florida?

When a loved one passes away, legal deadlines are usually the last thing on your mind. But in Florida, probate timing matters, and missing certain deadlines can delay inheritance, freeze…

Probate

If There Are Multiple FL Properties in One Estate: What Goes to Probate?

Key Takeaways When a Florida estate includes more than one property, each parcel follows its own path through (or around) probate. Every family should know these essential points: The personal…

Probate

What is Ancillary Probate in Florida? Guide for Out-of-State Owners

Key Takeaways Understanding ancillary probate in Florida helps out-of-state property owners and their families avoid costly surprises after death. Here are the essential points: Ancillary probate is a separate court…

Probate

What is the Probate Process in Florida for Large Estates?

Key Takeaways Understanding how probate works for large estates in Florida helps personal representatives avoid costly delays and personal liability. Here are the most important points: Estates with non-exempt assets…

Probate

How Much Does an Estate Have to Be Worth in Florida to Go Through Probate?

Figure 1: Florida Probate Thresholds at a Glance Key Takeaways Florida law sets specific estate value thresholds that determine which type of probate process applies. Here are the essential points:…

Probate

What Constitutes a Large Probate Estate in Florida?

Key Takeaways Understanding what makes an estate “large” in Florida is critical for families facing probate. Here are the essential points: The $75,000 threshold determines probate type. Under Florida Statute…

Probate

Tax Implications for a Large Probate Estate in Florida

Key Takeaways Understanding taxes in Florida probate helps personal representatives avoid costly mistakes and personal liability. Here are the essential points: Florida has no state estate tax or inheritance…

Probate

Top Challenges in Large Probate Estates in Florida

Key Takeaways Managing a large probate estate in Florida requires careful attention to deadlines, asset tracking, and family communication. Here are the essential points: Estates over $75,000 require formal administration…

Probate

The Role of Attorneys in Large Probate Matters in Florida

Key Takeaways Managing a large probate estate in Florida requires legal representation in most cases. Here are the essential points about probate attorneys and their role: Florida Probate Rule 5.030…

Probate

Selecting an Executor for a Large Probate Estate in Florida

Key Takeaways Selecting the right executor for a large Florida estate requires careful consideration of legal requirements, personal qualities, and practical factors. Here are the essential points: Florida calls executors…

Estate Planning Wills & Trusts

Pour-Over Wills: Why You Still Need One with Your Trust

Creating a living trust is one of the most effective ways to protect your family, preserve privacy, and avoid unnecessary court involvement after your death. Many people assume that once…

Wills & Trusts

Should You Put Your House in a Trust in Florida?

If you own a home in Florida, you may be wondering whether a will is enough or if a trust is smarter. This guide explains how wills and trusts work…

Probate

Notice to Creditors in Florida Probate: How to Serve and Why It Matters

In this video, Lauren Burns of SJF Law Group in Plantation, Florida explains how the notice to creditors works in Florida probate, how to serve it, and why it matters.…

A red house figure, gold scale balance, and a gavel on a table

Probate

Do You REALLY Need a Probate Attorney in Florida?

When a loved one passes away, dealing with their estate can feel overwhelming. Many families wonder: “Do I really need a probate attorney in Florida, or can I handle this…

Action figures of a married couple sitting on a stack of coins with a house in the background

Estate Planning Wills & Trusts

What Does It Mean to Fund Your Trust?

Creating a revocable living trust is a smart step in protecting your assets and ensuring your wishes are carried out, but creating the trust alone isn’t enough. One of the…

Yellow piece of paper that says Beneficiary

Estate Planning Wills & Trusts

Why Naming a Beneficiary Is One of the Most Important Steps in Estate Planning

When most people think about estate planning, they imagine wills, trusts, and legal paperwork. But one of the easiest, and most overlooked, steps you can take to protect your loved…

Estate Planning Wills & Trusts

Top 8 Estate Planning Myths in Florida And Why You Shouldn’t Wait to Create a Plan

At SJF Law Group, our South Florida estate planning attorneys often meet clients who are unsure whether they need an estate plan, or mistakenly believe they don’t. According to recent…

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Estate Planning Wills & Trusts

5 Things You Should Never Write in Your Trust (And What to Do Instead)

Did you know nearly 50% of Americans don’t have any estate plan at all? And even among those who do, many make critical mistakes, especially in their trusts, that create…

Wills & Trusts

How Can an Irrevocable Trust Be Modified?

An irrevocable trust isn’t always set in stone. While designed to be permanent, legal tools exist to modify its terms under the right circumstances. Changing laws, family dynamics, or financial…

Wills & Trusts

Benefits and Pitfalls of Estate Tax Exemption Portability

Estate tax exemption portability allows a surviving spouse to use their deceased spouse’s unused federal estate tax exemption, potentially doubling the amount shielded from taxation. It sounds simple, but the…

Wills & Trusts

How to Change The Trustees of a Trust in Florida

Changing the trustee of a trust in Florida requires precision, legal know-how, and a clear understanding of the trust’s terms. Whether due to incompetence, misconduct, or simply a better fit…

Wills & Trusts

The Role of Trust Protectors in Modern Estate Plans for High-Net-Worth Families

Wealthy families use trusts to protect assets, minimize taxes, and control wealth distribution across generations. But rigid trust structures can create problems when laws change, family dynamics shift, or unforeseen…

Estate Planning

Breaking Down Florida’s Great Wealth Migration By The Numbers

High-net-worth individuals, entrepreneurs, and families are leaving high-tax states in droves, redirecting billions of dollars and creating an economic boom in Florida. For our clients—successful individuals and families focused on…

Estate Planning Wills & Trusts

What Is the Generation-Skipping Tax and How Do I Avoid It?

The Generation-Skipping Transfer Tax (GSTT) ensures the IRS gets its share when wealth bypasses a generation. This tax kicks in when assets are transferred to grandchildren or younger beneficiaries, sidestepping…

Probate

7 Things to Know Before You Contest a Will in Florida

Challenging a will in Florida can be a complex and emotional process, especially when navigating strict legal requirements and time limits. Before taking action, it’s important to understand key factors…

Probate

What to Do If a Personal Representative Refuses to Communicate with Beneficiaries

When a personal representative refuses to communicate with beneficiaries, it can create serious concerns about how the estate is being handled. Beneficiaries have a legal right to be informed about…

Probate

Can a Florida Will Be Contested After Probate Is Closed?

In Florida, probate typically signals the end of the estate distribution process, but it doesn’t always mean the will is beyond challenge. Surprising situations, like discovering fraud or new evidence,…

Probate

15 Tips for Handling Business Assets in Probate

Handling business assets during probate requires precision and a strategic approach to protect their value. With the right steps, it’s possible to navigate complex asset structures, preserve critical operations, and…

Probate

Unmarried Partners and Probate: What Happens Without a Will?

When unmarried partners face the probate process without a will, the journey can be complicated and uncertain. Probate law often prioritizes blood relatives, leaving a surviving partner with limited rights…

Estate Planning Wills & Trusts

7 Insider Estate Planning Secrets of the Ultra Wealthy

Wealth isn’t just about earning—it’s about keeping and growing it across generations. From advanced gifting tactics to secretive trusts and tax-efficient investments, these high-level strategies are designed to protect assets,…

Estate Planning Probate Wills & Trusts

Protecting Foreign Property in Your Estate Plan: A Strategic Approach

Owning foreign property adds layers of complexity to estate planning. Different countries have their own rules on inheritance, taxes, and probate, which can clash with your intentions and complicate things…

Estate Planning Wills & Trusts

How to Include Online Accounts and Digital Assets in Your Will

In today’s digital world, assets are more than just physical items—they include everything from social media profiles to cryptocurrency wallets. Incorporating these digital assets into your estate plan is essential…

Estate Planning Probate Wills & Trusts

Florida Business Owners: Protect Your Business with a Revocable Trust Transfer

Owning a business is no small feat—it’s your blood, sweat, and tears turned into a thriving entity. But while you’ve been smart enough to plan your estate and set up…

Estate Planning

What You Need to Know About the Estate Tax Sunset: SJF Law Group’s Insights

When securing your family’s future, understanding the upcoming changes to the estate tax exemption is more critical than ever. The decisions you make today could determine how much of your…

Legal tips for unmarried couples buying property in Florida

Estate Planning

Unmarried Couples Buying Property in Florida: Legal Considerations and Title Tips

When unmarried couples purchase property together in Florida, they often overlook the critical legal implications that can arise if they later decide to marry. How a property is titled at…

Estate Planning

Avoid Costly Mistakes: How To Protect Your Assets Before Trouble Hits

Asset protection isn’t something you can just throw together at the last minute, especially when the unexpected happens, like when your teenage driver is involved in a car accident. One…

Estate Planning Probate

Divorcing in Florida? Don’t Forget to Update Your Property Title

Going through a divorce can be emotionally and financially draining. The last thing you want is to make your situation worse by overlooking critical details like property titles and estate…

Estate Planning Probate

Joint Ownership: A Little-Known Strategy to Avoid Tax Hikes After Death

Surprise! You’re Inheriting More Than You Thought! When a loved one passes away, you’d hope that inheriting their property would be a straightforward process. But nope—Florida law has other plans.…

Estate Planning

Smart Estate Planning: How Documenting Family Loans Can Help You Avoid Gift Taxes

In the realm of estate planning, effectively transferring wealth to your children can be a crucial strategy, particularly for individuals with taxable estates. While outright gifting of assets is a…

Estate Planning Wills & Trusts

Do Single Men in Their 40s Need an Estate Plan?

Estate planning may feel like something only for the married or those with children, but single men in their 40s face unique challenges that make it just as critical. Without…

Estate Planning Wills & Trusts

Why You Should Own Commercial Real Estate Through an LLC

Owning commercial real estate is a significant step for any business owner. However, many fail to consider how the structure of ownership can impact their personal financial security. Holding commercial…

Estate Planning

Estate Planning Tips to Seize the $13.61 Million Exemption – Weigh Your Options

Imagine inheriting a fortune only to discover that a significant portion is lost to taxes that could have been avoided. This scenario isn’t far-fetched, especially with the federal estate tax…

Estate Planning

How Strategic Gifting Can Help Reduce Estate Taxes

Imagine planning to secure your family’s financial future, only to discover that a substantial part of your estate may be subject to federal estate taxes. For many families, this…

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Estate Planning Wills & Trusts

Revoking Your Will in Florida: More Than One Way to Say Goodbye

In Florida, you have many different options when it comes to revoking your will. This blog post dives into the different methods you can use to ensure your previous wishes…

Blue binder on a desk labeled as Provisions

Estate Planning Probate Wills & Trusts

Don’t Skip Trust Provisions in Your Will

While a revocable living trust offers many benefits, a will with testamentary trust provisions can still be a powerful tool. What is a Testamentary Trust? This type of trust exists…

Estate Planning Wills & Trusts

Should I Add My Pet to My Will or Create a Pet Trust? Understanding Your Options

Option #1: Adding Your Pet to Your Will Adding your pet to your will is a straightforward way to ensure they are cared for after your passing. This option is…

Estate Planning Wills & Trusts

19 Reasons to Put a Homestead Into a Revocable Trust

Placing a homestead into a revocable trust is a smart estate planning move, safeguarding your property and simplifying its transfer. Here’s a list of reasons why this approach protects assets,…

Estate Planning Wills & Trusts

Dog Days of Summer: Celebrate International Dog Day with a Pet Trust for Your Furry Companion

A pet trust is a legal tool designed to ensure your pet is cared for if you can no longer do so due to incapacity or death. By specifying a…

Probate

5 Strategies to Avoid Probate in Florida: A Practical Guide by SJF Law Group

Probate in Florida can be a lengthy, costly, and public process that many wish to avoid. Understanding the available strategies to bypass probate can save time, money, and stress for…

a florida lawyer yacht named irrevocable trust

Estate Planning Wills & Trusts

15 Essential Trusts for High-Net-Worth Individuals in Florida: A Comprehensive Guide

While most trusts are not specific to Florida, there are several that offer unique advantages due to Florida’s favorable laws and tax environment. Estate planning is crucial for high-net-worth individuals…

Estate Planning Probate Wills & Trusts

Do Florida Wills Expire?

Do Wills Expire in Florida? Wills in Florida do not have an expiration date. Once created, a will remains valid until it’s revoked or replaced. However, life changes can impact…

Estate Planning Wills & Trusts

Understanding Wills: A Key Component of Estate Planning

August is recognized as National Make-A-Will Month, so we’re diving into the world of wills to celebrate! This month serves as an important reminder to draft or update your will,…

lawyer at a table discussing declining an inheritance

Probate

Can You Decline an Inheritance in Florida?

Inheriting assets can be a complex and sometimes overwhelming experience. Whether due to financial implications, personal reasons, or potential impacts on government benefits, there are various situations where you might…

Estate Planning Wills & Trusts

Our Comprehensive Guide to Using 529 Plans for Estate Planning in Florida

Maximize Your Estate Planning with 529 Plans: A Comprehensive Guide for Florida Residents Skip Ahead: Benefits of 529 Plans for Estate Planning 529 Plan Options Available in Florida Tax Advantages…

Estate Planning Wills & Trusts

You’ve Created a Revocable Trust, Now Make Sure to Fund It!

Congratulations! You just signed your revocable trust with your estate planning and probate attorney and have taken a huge step in protecting your family and assets. But just because you…

2 children dressed as judges looking at large law books.

Estate Planning Wills & Trusts

Half-Blood Inheritance: It’s Not Just for Hogwarts (But Estate Planning Is Important)

“Half-blood” isn’t just something you read about in the world of Harry Potter. In the probate world, half-blood inheritance is about how your blood relatives who share only one parent…

A divorce decree document with 2 wedding rings laying on it.

Estate Planning Wills & Trusts

3 Estate Planning Updates You Can’t Ignore During a Divorce

We understand that divorce is a difficult time. However, it can’t be emphasized enough to prioritize your well-being during a divorce, including your financial future. Here are 3 essential updates…

Picture of a toy house and document that says Property Deed.

Estate Planning Probate Wills & Trusts

Why Putting Your Children’s Names on Your House is Not a Good Idea

If you’re thinking about adding your kids to the deed to your home, this blog will tell you all the reasons why that is NOT a good idea. Risks of…

Florida Homestead & Inheritance Rules for Married Couples - SJF Law Group

Estate Planning Wills & Trusts

Florida Homestead: Inheritance Rules for Married Couples (2025 Guide)

Introduction Florida homestead laws protect families but also impose strict limits on inheritance. If you are married and own a homestead, you cannot leave it to just anyone in your…

Probate

What is Probate?

What Is Probate and Why Does It Matter? Probate and estate planning aren’t at the top of most people’s minds. Typically, that only happens with the death of a loved…

Estate Planning Probate

What Happens If You Die Without A Will in Florida?

Dying Without a Will: When State Law Dictates Your Legacy Frequently, clients ask our estate attorneys about the consequences of passing away without a will. When someone dies without a…

Estate Planning Probate Wills & Trusts

How Avoiding Probate Can Save You Time, Money, and Hassle

https://youtube.com/shorts/XHjywgE12Pk?si=NKsblUUs7aE4mrOa Understanding Probate: The Court Process for Settling an Estate Perhaps you have encountered the concept of probate. If you have not, probate is the legal process of administering…

2 hands shaking in a clasp over a gavel and document.

Probate

From Confusion to Clarity: Preparing for Your Probate Attorney Consultation

Probate Prep Made Easy: A Guide for Your First Meeting Dealing with legal matters can seem like navigating unchartered territory and feel overwhelming, especially when dealing with the death…

Estate Planning Wills & Trusts

Young Adults Entering College Need an Estate Plan

Turning eighteen is an exciting time for young adults who are going off to college or starting their careers. But reaching the age of majority means that your child…

Estate Planning Probate Wills & Trusts

Understanding the Legality of Video Wills in Florida

Movies inspire all sorts of creative ideas, including the notion of video wills. However, can you really create a legally binding will through video in Florida? Let’s examine the…

Estate Planning Wills & Trusts

Empowering Women: Taking Control of Your Healthcare and Finances Through Two Important Estate Planning Documents

It’s paramount for women to establish advanced directives and designate a durable power of attorney to ensure their healthcare and financial wishes are respected in critical times. Historically, women have…

A man and woman signing a document on a table

Estate Planning Probate Wills & Trusts

Can I Revoke My Will?

The short answer is yes, you can revoke your will. Creating a will is a crucial step in ensuring that your assets are distributed according to your wishes after…

A highway sign that says Florida Next Exit

Estate Planning Probate

Where is Probate Handled?

Where Should You Open a Probate Administration For Someone Who Passed Away? The answer is the county where the person resided. For example, if the decedent lived in Fort Lauderdale,…

What Business Owners Need to know about the Corporate Transparency Act

Estate Planning Wills & Trusts

The Corporate Transparency Act: What Business Owners Need to Know

The Corporate Transparency Act (CTA) is a crucial legislative update that could have a significant impact on your business. Understanding the Corporate Transparency Act The Corporate Transparency Act (CTA) is…

A stack of envelopes with the top one reading Beneficiary

Estate Planning Probate

Practical Tips and Strategies to Handle Difficult Beneficiaries in Your Estate

A common issue some clients face when planning their estates is dealing with difficult beneficiaries. Our Fort Lauderdale estate planning attorneys understand that managing “problem beneficiaries” can be challenging,…

Probate

Who is Barred from Serving as a Personal Representative in Florida Probate Administration?

The personal representative plays a vital role in managing and overseeing the probate process, ensuring the deceased individual’s wishes are carried out smoothly. In this part, we’ll look closer at…

Probate

Navigating Estate Beneficiary Disclaimers: What You Need to Know

We’ll be shedding light on an important aspect of estate matters – disclaimers. If you find yourself named as a beneficiary in an estate but wish to relinquish your entitlement,…

A US Map with states marked in different colors and stacked like puzzle pieces not quite in the right places

Estate Planning Probate Wills & Trusts

Can Non-Residents Serve as Personal Representatives?

As a reminder, a personal representative is the person appointed by the court to be the executor of someone’s estate during a probate administration. Who is Eligible to Serve as…

A board on a pendulum with a roll of money on one side and wooden people on the other

Probate

How to Determine if Probate is Needed

We’re diving into the topic of probate administration in Florida. But before determining if probate is required, let’s first understand what probate is. What is Probate? Probate is…

Probate

The Role of the Personal Representative in Managing Creditor Claims

If you find yourself appointed by the court as the personal representative for someone’s probate administration, it means you’ve been entrusted with significant responsibilities. Among these responsibilities is making…

Probate

Choosing a Personal Representative in Florida Probate

The personal representative is the person appointed to be the estate executor and handle the probate administration. But who gets to be the personal representative in the probate process? In…

Probate

How Long Does the Probate Process Take in Florida?

When it comes to probate in Florida, the timeline can vary based on the type of probate you’re engaged in. A summary administration will typically take about two to…

Probate

Comparing Florida Probate Administrations: Summary vs. Formal Administration

Probate administration is the legal process that ensures the orderly distribution of a deceased person’s assets and the settlement of their debts. In the State of Florida, there are…

Probate

Demystifying Florida Probate: Understanding the Process

Florida probate administration is a legal procedure often surrounded by misconceptions and confusion. It’s essential to demystify this process and clearly understand what it entails. What is Florida Probate?…

Estate Planning Probate

Can an Estranged Child Make Medical Decisions for You?

Can an Estranged Child Make Medical Decisions for You? Family members don’t always get along. Let’s face it; relationships can be…well, complicated. And sometimes, people break apart. Some ruptures can…

Estate Planning Probate Wills & Trusts

Celebrity Estate Lessons: Heath Ledger and the Importance of Domicile

The loss of a young life is always tragic. And sometimes, if it is the death of a celebrity, it hits home for so many of us — because, having…

Estate Planning Probate

3 Stumbling Blocks Your Probate Estate in Florida May Run Into

Administering a probate estate in Florida does not always run smoothly. While probate administration can be simple in some cases, others encounter plenty of stumbling blocks along the way. Having…

Probate

2 Misconceptions You May Have About Probate Administration in Florida

You’re at the movies, popcorn in hand, sitting on the edge of your seat, body tense with anticipation. It’s that part of the movie when all will be revealed. Decedent’s…

Estate Planning Probate Wills & Trusts

Casey Kasem & Larry King: Celebrity Estate Planning Disasters

Celebrities entertain and amuse us. And following their lives can be so exciting. There is so much to focus on: celebrity fashions, weight gain and weight loss, endless marriages and…

Estate Planning Wills & Trusts

2 Ways to Resign as Trustee in Florida

As we have mentioned before, the job of a trustee is critical. But it’s not easy. A trustee is a fiduciary. As such, he or she has several duties to…

Estate Planning Wills & Trusts

Off to College? Don’t Forget to Pack These 3 Critical Estate Planning Documents.

Death can strike anyone at any time. It does not afflict only the old and feeble. Death can come unexpectedly even to young, vibrant college students. We see this all…

Estate Planning Probate Wills & Trusts

Don’t Leave Without Me: Florida’s Simultaneous Death Laws

In our business, trusts and estate law, we must anticipate some of the more difficult and heart-rending situations. Like simultaneous death. However unlikely, such tragedies do occur. One heartbreaking example…

Estate Planning Wills & Trusts

2 Reasons Why You Should Not Put Your Children’s Names on the Deed to Your Home

30‑Second Takeaway Adding a child to your deed does avoid probate—but it also hands your house to their creditors, ex‑spouse, and the IRS, and it can even delay Medicaid benefits. Better…

Estate Planning

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…

Estate Planning Wills & Trusts

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…

Estate Planning Probate Wills & Trusts

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…

Estate Planning Probate Wills & Trusts

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…

Probate Wills & Trusts

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…

Probate

Does Florida Have a Small Estate Affidavit?

Quick Summary 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…

Estate Planning Probate

4 Types of Assets that are Exempt from Probate in Florida

Quick Summary The probate process involves identifying and gathering the assets of a deceased person (a “decedent”) and paying the decedent’s debts. Not all probate assets, however, are subject to…

Estate Planning

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…

Estate Planning Probate Wills & Trusts

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…

Estate Planning Wills & Trusts

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.…

Estate Planning

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…

Estate Planning Probate

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…

Estate Planning

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…

Estate Planning

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…

Wills & Trusts

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…

Estate Planning Probate Wills & Trusts

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…

Estate Planning Probate Wills & Trusts

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

Short Summary A “power of appointment” gives someone authority over who inherits property from your estate or trust. In Florida, this tool can simplify your plan or cause major issues…

Estate Planning Probate

The 3 Types of Probate in Florida

Good estate planning helps you to avoid probate. That’s where an estate planning attorney comes into play. Probate in Florida is the time-consuming and expensive court process that oversees the…

Estate Planning

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 many considerations. Chief among them is how you will transfer your assets, including your home. Because…

Estate Planning

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…

Probate

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…

Wills & Trusts

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…

Estate Planning

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…

Estate Planning Wills & Trusts

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…

Estate Planning Probate Wills & Trusts

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…

Estate Planning Probate Wills & Trusts

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…

Probate

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…

Estate Planning Probate

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…

Probate

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.…

Estate Planning Wills & Trusts

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.…

Estate Planning Probate

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…

Estate Planning Probate

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…

Estate Planning Probate Wills & Trusts

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…

Estate Planning Probate Wills & Trusts

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…

Estate Planning Probate

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…

Estate Planning Probate Wills & Trusts

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”)…

Estate Planning Wills & Trusts

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…

Probate

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…

Estate Planning

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…

Probate

Are There Different Types of Deeds in Florida?

When our estates and probate attorneys help individuals navigate the complex and complicated areas of estate and probate law, they guide them in deciding which is the best way to…

Estate Planning

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 SJF Law Group, we help our clients think about and plan for such…

Estate Planning Wills & Trusts

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…

Probate

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,…

Estate Planning

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,…

Estate Planning Wills & Trusts

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…

Estate Planning Probate Wills & Trusts

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…

Estate Planning Probate

Demystifying “Step Up in Basis” in Florida Probate

Our Florida estate planning and probate attorneys understand how confusing estate planning concepts can be. That’s why our attorneys take the time to explain difficult concepts, like “step up in…

Estate Planning Probate Wills & Trusts

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…

Estate Planning Wills & Trusts

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…

Probate

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…

Estate Planning Probate Wills & Trusts

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…

Estate Planning Probate

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

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

Probate

Get it Together This Year: 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…

Estate Planning Probate

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…

Estate Planning

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…

Estate Planning Probate Wills & Trusts

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…

Estate Planning Probate Wills & Trusts

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.…

Estate Planning

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…

Estate Planning Probate Wills & Trusts

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…

Estate Planning

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.…

Estate Planning Probate Wills & Trusts

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…

Estate Planning Probate Wills & Trusts

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…

Probate

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…

Wills & Trusts

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…

Probate

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…

Probate

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…

Estate Planning

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…

Estate Planning

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…

Estate Planning

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…

Estate Planning

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…

Estate Planning

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…

Probate

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…

Estate Planning

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,…

Estate Planning Probate

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…

Estate Planning Probate

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

The 30‑Second Takeaway A power of attorney (POA) is wonderful for paying Mom’s everyday bills or signing Dad’s tax return—but the minute those assets land in a living trust, the POA hits…

Estate Planning

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…

Estate Planning Probate

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…

Estate Planning

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…

Wills & Trusts

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…

Estate Planning

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…

Probate

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…

Estate Planning

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…

Estate Planning

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…

Probate

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…

Probate

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…

Probate

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…

Probate

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…

Probate

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…

Wills & Trusts

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…

Estate Planning

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…

Probate

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…

Estate Planning

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…

Wills & Trusts

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…

Wills & Trusts

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,”…

Estate Planning

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.…

Probate

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…

Probate

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…

Probate

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…

Probate

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…

Probate

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…

Probate

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…

Probate

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…

Probate

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…

Probate

4 Grounds for Contesting a Florida Last Will and Testament

30-Second Take-Away A Florida will can only be overturned only for specific legal grounds—not mere disappointment. You must file a contest within 90 days of the Notice of Administration or…

Probate

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…

Probate

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”)…

Probate

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…

Estate Planning

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…

Wills & Trusts

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…

Estate Planning

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…

Wills & Trusts

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…

Estate Planning

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…

Probate Wills & Trusts

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…

Estate Planning Wills & 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…

Estate Planning Probate

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…

Estate Planning

4 Essential Estate Planning Documents You Need.

In the aftermath of the COVID-19 pandemic, we’ve all gained a new perspective on many aspects of our lives: how we socialize, how we work, and even how we maintain…

Probate

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…

Probate Wills & Trusts

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…

Wills & Trusts

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…

Probate Wills & Trusts

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,…

Estate Planning

It’s a POD, People.

Don’t you just hate it when people talk in acronyms that you don’t understand? You feel like, OMG, you’ve got me SMH and saying don’t use the ABBR —just say…

About The Firm

Since 2011, SJF Law Group has been helping clients protect their families with estate planning, probate & trust administration. We pride ourselves on combining the personalized service and attention of a boutique firm, with the talent and legal acumen of a large firm.

Our Awards

GOLD – Estate Law

GOLD – Law Firm

SILVER – Woman-Owned Business

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