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Orlando Probate & Estate Administration Law Blog

Living wills in Florida

A living will is a document that sets forth your wishes concerning future medical treatment. This document can become necessary if you eventually find yourself incapacitated, whether through gradual illness or sudden injury, and unable to formulate or communicate your wishes at the time. Thus, many people create a living will as part of their planning for the future.

In addition to making a living will, you should also designate a trusted person to manage your health care. Commonly known as a power of attorney for health care, in Florida this document bears the name, "designation of health care surrogate."

Do you think your spouse may be hiding assets?

Facing divorce is painful enough without the added stress of wondering whether your soon-to-be ex is hiding assets. Something in your spouse’s words or deeds has raised your suspicions, and before you head to court, you would like to find out whether hidden assets really exist. The good news is that tracking down financial indiscretions is not difficult these days. Your attorney can help, and so can a forensic accountant.

A common problem

Requirements for a valid will in Florida

Most people know they can use their will to distribute their property after they pass. However, if you want to be sure your wishes will be carried out, you need a valid will. Every state, including Florida, has laws that set out specific requirements for a valid will. Lawmakers and courts dealing with wills generally aim to prevent potential fraud or other inappropriate actions by other parties to influence the will.

A will must be in writing

4 things you need to know about disinheriting your children

You have probably seen a movie or TV show that featured a dramatic threat of disinheritance. Too often, inheritance is portrayed-and actually used-as a bargaining chip in relationships. There are many legitimate reasons, though, that you may be considering it. If you are wondering what is involved in disinheriting one of your children, these four tips should provide some of the basic knowledge you need to know before proceeding with the process. 

How to minimize the negative effects of a difficult ex

Divorce is difficult enough when both spouses are on the same page and agree on how the marriage should be ended. Too often, divorce is caused by domestic violence, infidelity or financial struggles that you do not foresee when you say your vows.

If you have children together, it will not matter if you are married or divorced: You will be forced to interact for the rest of your lives. This makes it extremely important that you learn to co-exist peacefully and get along for the sake of your children. Throughout your marriage, you have likely learned that you cannot control another person's actions, so how do you handle an ex that is negative and destructive to you?

Building an estate plan when an heir is an addict

Any number of unique family circumstances can make estate planning challenging. One such example is estate planning for a blended family. There are many considerations to make when determining how an estate will be divided and distributed in a blended family.

Another example is estate planning when an heir struggles with addiction. Parents of a child who is an alcoholic or drug addict may struggle knowing what to do in this situation. They want the best for their child, but they are concerned about giving their child easy access to funds.

Divorced? Have you updated your estate plan?

Divorce is often ranked as one of the most difficult life experiences. Most people consider the emotional challenges of going through a divorce and changes to the family structure. But there are many technical and legal aspects of a divorce, as well.

What happens to your digital assets after you die?

We live in a digital age. More and more of our business, financial, and personal lives are managed and housed online. As the digital age keeps progressing, questions arise regarding ownership and management of those assets after an individual dies or becomes incapacitated.

Child custody during the holiday season

Most children get excited about the holiday season - Christmas, Hanukkah, New Year's, etc. Time off from school, presents, time with family, and holiday traditions make this an extra special time for kids.

But for many families, this holiday season will look different than those in the past. Changes to holiday plans due to divorce or other changes in a family structure can be difficult for children. This is especially true when parents are recently divorced.

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