Korshak and Associates, P.A. Attorneys at Law Korshak & Associates, P.A.2026-06-09T05:24:38Zhttps://www.korshaklaw.com/feed/atom/WordPress/wp-content/uploads/sites/1103229/2021/02/favicon-75x75.icoOn Behalf of Korshak & Associates, P.A.<![CDATA[3 estate planning strategies that can help avoid probate]]>https://www.korshaklaw.com/?p=534832026-06-02T09:05:24Z2026-06-02T09:05:24Z various steps and requirements, such as validating wills, paying debts and ensuring assets reach the right heirs.
Despite its protective purpose, probate can be long and complicated. The process can take months or even years. For some families, it can become a roadblock at a time when they need access to those resources the most.
Fortunately, with thoughtful planning, you can ensure that certain assets pass directly to your beneficiaries without the stress, delays or expenses of probate court.
Named beneficiary accounts
In Florida, you can create bank accounts with payable-on-death designations or investment accounts with transfer-on-death instructions. These types of accounts pass directly to your chosen recipients without having to go through probate court. Life insurance policies and retirement accounts such as 401(k)s and IRAs also include this feature. Just make sure your beneficiary designations are current and reflect your wishes.
Joint ownership with rights of survivorship
This arrangement means two or more people own an asset together, and when one owner dies, the survivors automatically inherit that person's share. This is often the case for married couples or family members who own properties together. It can apply to real estate, bank accounts and investment accounts. Take note that some ownership documents may need to specifically include survivorship language to avoid probate.
Lady bird deeds
Florida allows these special real estate deeds as an alternative to standard ownership transfers. Lady bird deeds, also known as enhanced life estate deeds, allow you retain complete control of your property during your lifetime. This means you can sell it, mortgage it or change your mind about who inherits it. After death, ownership passes automatically to your chosen beneficiaries.
Make the process easier for your loved ones
You can save your family time and stress later with proper planning. When probate is necessary, having good information matters. Learn about the ways you can protect your family, and know when professional legal guidance may be necessary for your situation. Consider exploring your options to give your family the security they deserve.]]>On Behalf of Korshak & Associates, P.A.<![CDATA[Can an heir be removed from a will in Florida?]]>https://www.korshaklaw.com/?p=533532026-05-11T06:52:31Z2026-05-11T06:52:31ZFlorida law gives you broad authority to exclude most family members from your estate. But the rules are not uniform. Some heirs have legal protections you cannot override with a will alone. Knowing the difference can prevent a costly legal challenge later.
Spouses have guaranteed inheritance rights
You cannot fully disinherit a surviving spouse in Florida. UnderFlorida Statute § 732.2095, a surviving spouse has a right to an elective share of the deceased spouse's estate. That share equals 30% of the elective estate, which may include probate assets, revocable trust assets and certain life insurance payouts.There is one way around this. A valid prenuptial or postnuptial agreement can allow a spouse to waive these rights. Without such an agreement, no provision in your will can override the elective share.
Adult children can be disinherited with clear language
Florida law does not protect adult children from disinheritance. However, simply omitting a child's name from your will may not be enough. A court could interpret the omission as an oversight rather than intent.Your will should include an explicit statement that you are intentionally excluding that child. Here are key points to keep in mind:
Minor children: Florida law prohibits disinheriting children under 18.
Pretermitted children: A child born after your will was drafted may have a legal right to inherit.
Explicit intent: A direct statement of disinheritance is far stronger than a name omission.
Courts interpret clear instructions more reliably than ambiguous ones.
Trusts can strengthen your plan
A revocable living trust may offer structural advantages that a will alone cannot provide. Because a trust bypasses probate entirely, it removes the public forum where challenges most commonly arise. You also retain granular control over distribution timing, conditions and recipient eligibility in ways a will cannot replicate.No-contest clauses appeal to those seeking a deterrent against disputes. Florida courts, however, do not recognize or enforce them. Their presence in a document creates an illusion of protection. A determined heir faces no legal penalty for mounting a challenge regardless of what the clause states.
Speak with an estate planning attorney
Disinheriting an heir invites scrutiny. The strength of your estate plan depends on precision and proper documentation. An attorney can help you understand your options and draft language that reflects your intentions clearly. ]]>On Behalf of Korshak & Associates, P.A.<![CDATA[“Deadbeat” ex now in Florida? Domesticating alimony and child support orders]]>https://www.korshaklaw.com/?p=533442026-04-20T01:30:48Z2026-04-20T01:30:48ZWhen an ex-spouse moves out of state either to avoid paying court-ordered child or spousal support or because doing so is a “bonus” of such a move, the stress can be borderline maddening. Fortunately, federal and state laws provide tools to enforce spousal and child support across state lines.
If your former partner has relocated to Florida and is avoiding their child or spousal support obligations accordingly, know that you can still take meaningful action to collect what you are owed.
Seeking just compensation
The Uniform Interstate Family Support Act, commonly known as UIFSA, governs how support orders are enforced and modified when parties live in different states. UIFSA has been adopted in every state, including Florida, and it creates a consistent framework so that one valid support order is recognized and enforced nationwide. This means you do not need to relitigate your case. Instead, you can work with a skilled legal team to register your existing support order in Florida, which will allow Florida courts to enforce it as if it were issued there.The process typically begins by filing a request to register the order with the appropriate Florida court or your local child support enforcement agency. Once registered, the order becomes enforceable, and the court can use Florida’s enforcement mechanisms to collect unpaid support. Your ex-spouse will be notified and given a limited opportunity to contest the registration, but challenges are usually restricted to narrow issues such as whether the order is valid or already satisfied.Wage garnishment is one of the most effective enforcement tools available under UIFSA. Once the order is registered, an income withholding order can be sent directly to your ex-spouse’s employer in Florida. Federal law requires employers to honor these orders, regardless of where the original judgment was issued. Payments are then deducted from wages and forwarded to the appropriate agency or directly to you, helping ensure consistent support going forward.In cases involving significant arrears or deliberate avoidance, more aggressive enforcement options may be available. Courts can authorize liens or levies on bank accounts to collect past-due support. This process generally involves identifying the financial institution, obtaining a court order, and directing the bank to freeze funds up to the amount owed. Freezing accounts can be a powerful way to compel payment, particularly when other efforts have failed.While the process is structured, navigating interstate enforcement can still be complex. Properly registering an order, coordinating with agencies and pursuing remedies like wage garnishment or bank levies requires careful attention to procedural rules. Working with a family legal team can help to ensure that each step is handled efficiently and that enforcement efforts are as effective as possible.]]>On Behalf of Korshak & Associates, P.A.<![CDATA[Do fathers get 50/50 custody in Florida?]]>https://www.korshaklaw.com/?p=533402026-04-11T01:59:43Z2026-04-11T01:59:43ZHow custody works in Florida
Florida no longer uses the term “custody.” Courts refer to parental responsibility and time-sharing. Judges expect both parents to stay involved, but they do not start with a strict 50/50 assumption.
In most cases, judges prefer shared parental responsibility, meaning both parents stay involved in decision-making. With that in mind, time-sharing schedules can vary widely.
Do courts favor 50/50 time-sharing?
Not automatically. Florida courts often support frequent and continuing contact with both parents, but equal time depends on your specific situation. A judge may approve a 50/50 schedule if:
Both parents live close to each other
You can communicate and co-parent effectively.
Your work schedules allow consistent involvement.
Your child’s routine can remain stable.
If these factors are not present, the court may create a different arrangement that better fits your child’s needs.
What factors influence custody decisions?
Judges in Casselberry and across Florida carefully evaluate a wide range of factors to determine what type of time-sharing arrangement will truly serve your child’s best interests, rather than defaulting to a one-size-fits-all approach. Common considerations include:
Each parent’s ability to provide a stable home.
Your involvement in your child’s daily life
Your willingness to support the child’s relationship with the other parent.
Your mental and physical health
Your child’s school and community ties
Any history of domestic violence or substance abuse
Courts look at the full picture, weighing each of these elements together to create a parenting plan that supports your child’s stability, emotional well-being, and long-term development rather than relying on a fixed 50/50 formula.
What does this mean for fathers?
You do not need to “fight” for equal rights simply because you are a father. Florida law treats both parents equally. Even so, you must actively demonstrate your role in your child’s life.
Every custody case has unique challenges. If you want a fair time-sharing arrangement, working with experienced legal professionals can help you present a compelling case and avoid common mistakes.
Fathers do not automatically receive 50/50 custody in Florida. Courts aim to create a plan that supports your child’s well-being, not a rigid formula. If you stay engaged, prepared, and focused on your child, you can pursue a meaningful and substantial role in their life.]]>On Behalf of Korshak & Associates, P.A.<![CDATA[The Florida Homestead “Shield”: Can a Foreign Judgment Touch Your Beach House?]]>https://www.korshaklaw.com/?p=533372026-03-10T17:44:50Z2026-03-10T17:44:50Z homestead exemption is legendary. Creditors hate this protection; debtors move to Florida for its benefits. This post addresses how this legal tool can protect a debtor’s primary property and serve as a frustration of creditors.
The Florida homestead exemption is a powerful defense
Florida’s Constitution provides robust protection for a primary residence. This exemption shields a homestead from forced sale by most creditors. It applies to judgments originating within Florida as well as judgments from other states, also known as foreign judgments. A properly established Florida homestead is generally untouchable by ordinary creditors. This powerful shield makes Florida an attractive destination for those seeking asset protection.
The equitable lien exception
While broad, the homestead exemption is not absolute. One exception is the equitable lien. An equitable lien allows a court to impose a charge on property to prevent unjust enrichment or to enforce a contract. Circumstances that can lead to an equitable lien include:
Funds obtained through fraud directly used to acquire the homestead.
Misappropriated funds traceable to the purchase or improvement of the property.
Specific agreements to use the property as collateral for a debt.
These liens are not typical judgment liens. They represent a court’s power to ensure fairness and prevent a debtor from using homestead protection as a shield for wrongdoing.
Fraudulent transfers
It is important to note that simply buying a house in Florida does not automatically protect a debtor from all claims. The homestead exemption does not shield property acquired through fraudulent transfers. If a debtor transfers assets to Florida or purchases a homestead with the intent to defraud creditors, those transactions can be challenged. This principle prevents debtors from using Florida’s generous homestead laws as a tool for evasion and creditors can pursue actions to set aside these fraudulent conveyances.Florida’s homestead exemption offers significant protection against most creditors and can serve as a powerful asset shield. However, this protection has limits. Although foreign judgments generally cannot force the sale of a properly established Florida homestead, equitable liens can pierce this shield in specific circumstances. Furthermore, the exemption does not condone fraud. Debtors cannot use the homestead to escape legitimate claims arising from fraudulent transfers. Understanding these nuances is crucial for both debtors' seeking protection and for creditors pursuing claims.]]>On Behalf of Korshak & Associates, P.A.<![CDATA[Clearing Florida real estate titles during probate]]>https://www.korshaklaw.com/?p=533302026-02-27T20:46:47Z2026-02-27T20:46:47Z a property owner dies, their real estate typically must go through probate before heirs can legally transfer, sell or refinance it. Probate is necessary to clear the title because the deceased owner can no longer sign documents or convey ownership rights. This court-supervised process establishes the validity of the will (if one exists), identifies rightful heirs or beneficiaries, settles outstanding debts and taxes against the estate, and officially transfers legal title from the deceased to the heirs. Until probate is completed and a new deed is recorded showing the current owners, the title remains "clouded" in the name of someone who is deceased.
Examples of possible title issues that can arise during probate
There are many different scenarios that can trigger issues when a title is going through probate. A Florida resident may die while holding property in an individual name, a former married name, a trust that was never funded or a deed with an error. The individual in charge of the estate, or personal representative, must address creditors, code enforcement, HOA claims, tax certificates or judgment liens before clearing the title. Probate will also need to take into consideration if a decedent had multiple heirs under intestacy, multiple beneficiaries under a will or prior conveyances that were never recorded.
Steps to clear title through probate
Each estate requires a fact specific plan but practical actions that commonly support a clean transfer include the following:
Obtain a current title search, tax status and lien search
Confirm ownership vesting, legal description, boundary issues and any recorded encumbrances
Open the correct Florida probate administration and obtain Letters of Administration
Determine homestead status, pursue homestead determination when required
Address creditor claims, negotiate or satisfy liens and record releases when available
Prepare probate conveyance instrument, record final deed and update property records
These steps support marketable title, reduce objections from closing agents and create a defensible record for future transactions.Clearing title during Florida probate protects heirs from future disputes and better ensures a smooth transfer process. Early title review, proper probate administration and disciplined recording practices are important steps to help ease this process when working through probate. ]]>On Behalf of Korshak & Associates, P.A.<![CDATA[What are some mental hurdles to consider before writing a will?]]>https://www.korshaklaw.com/?p=533282026-02-27T11:30:14Z2026-02-27T11:30:14ZWhat emotional factors make writing a will so difficult?
Certain mental hurdles can get in the way of creating your will. When you recognize these factors, it can become easier to address them:
Superstition or denial: You feel that drafting a will invites bad luck or signals the end.
Decision overload: You struggle to choose beneficiaries, divide personal items or name a personal representative.
Fear of conflict: You worry that your choices will upset children, a spouse or other relatives.
Guilt about unequal gifts: You want fairness, yet you know each person’s needs differ.
Control concerns: You feel uneasy discussing death or planning for incapacity because you value independence.
By acknowledging these fears and concerns, you may find it easier to accept them. Some people may find peace of mind knowing that their family will fulfill their final wishes, preventing the distribution of their assets in ways they do not want.
What happens if you pass away without writing a will?
One of the reasons why many people consider writing wills important is that passing away intestate means leaving the distribution of one’s assets to the state. If you pass away without writing a valid will, Florida’s intestacy statutes control who inherits certain assets. Under Florida Statutes Sections 732.102 and 732.103, your surviving spouse and children receive shares based on set formulas.
You may also fear making a mistake. Florida law sets clear signing requirements. You must sign the will at the end, and two witnesses must sign in your presence and in the presence of each other. These steps create a checklist and reduce uncertainty.
When writing a will, you must also choose a personal representative to manage your estate. However, Florida has limitations regarding who you are allowed to choose. Florida Statutes Section 733.303 disqualifies people who fail to meet specific requirements.
How does writing a will bring you peace of mind?
You may feel discomfort when you think about writing a will in Florida. There are many important decisions to make and you may fear potential guilt or conflict after determining which people will inherit your belongings after you pass away. However, writing a will can help you make peace with your mortality.
Writing your will can turn a source of anxiety into a sense of security as you can outline your final wishes to your family. You can also take solace in the knowledge that you will be able to provide for your family even after your passing. Ultimately, finalizing your will can allow you to live with the confidence that your affairs are in order.]]>On Behalf of Korshak & Associates, P.A.<![CDATA[Four times you can get divorced with children and not need to pay child support]]>https://www.korshaklaw.com/?p=533262026-02-24T20:43:02Z2026-02-24T20:43:02Z with children almost always triggers child support. Courts intend for these payments to help make sure the child has funds to meet their needs. Although most cases result in both parents playing a financial role in the rearing of their children, there are situations when the court will not require one parent to make child support payments after a divorce. The four primary examples include parental agreement, income disparity, adoption, and when the children are over the age of eighteen.
#1: Parental agreement
There are many different situations where the parents may agree to an arrangement where one does not pay child support. This could include both parents spending equal time with the children and having similar incomes, one parent having primary custody and not making additional financial contributions or a situation where the other parent has a higher income.
#2: Income disparity
When one parent has a significantly higher income it is not uncommon for the court to have that parent contribute to the financial needs of the child regardless of how much time they spend with the child. If, in this case, you are the parent with a lower income you may still receive child support from the other parent even if they have equal time with the child.
#3: Adoption
There are also situations where another adult, such as a second husband or wife, agrees to adopt the child. In these cases, the court may agree that the biological parent who has given up parental rights no longer has to pay child support.
#4: Adult children
If the children are adults during the divorce proceeding it is likely that the court will not require child support payments. If the children were minors at the time of the divorce, support payments generally expire once they reach 18 years of age. There are situations when child support payments for adult children could still be an issue, such as a child with special needs or attending college. In these cases, the court may want both parents to provide financial contributions to help meet the child’s needs.Every family has unique legal needs, and it is important to seek counsel that can help you navigate these complicated issues. The attorneys at Korshak & Associates, P.A. can provide guidance during these difficult times and help better ensure you have what you need to transition into life after divorce without any unexpected surprises.]]>On Behalf of Korshak & Associates, P.A.<![CDATA[5 ways tenants challenge lease enforcement]]>https://www.korshaklaw.com/?p=532712026-01-12T16:02:28Z2026-01-12T15:53:01ZAs a commercial landlord in Florida, you expect tenants to follow the lease. However, disputes can happen even with a clear agreement.
Florida courts read commercial leases carefully. Minor wording issues or skipped steps can give tenants reason to push back. Past leniency or unclear language can also make enforcement harder. Knowing where disputes start helps you act before small problems become big ones.
The most common tenant challenges
Tenants in Florida often use similar arguments to resist lease enforcement. They usually focus on notices, landlord duties or lease wording. Common tenant challenges include:
Alleging a notice or cure rule violation
Claiming waiver through the landlord's past acts
Arguing term ambiguity or conflicts
Citing unfulfilled maintenance or access obligations
Disputing damages or tenant responsibilities under Florida law
As these challenges slow and complicate enforcement, courts carefully scrutinize the lease and records. Tenants may highlight small gaps in enforcement or argue that you did not take reasonable steps to mitigate damages, which Florida courts evaluate based on the facts of each case. Counter these risks by maintaining excellent records.
Protecting your position before conflict escalates
Being aware of potential issues can help you stay in control of a lease dispute. Florida law sets the rules for commercial leases and limits self-help remedies like lockouts. Courts also look closely at whether a breach is material or minor when deciding what remedies apply.A lease with an integration clause can reduce misunderstandings by showing the written agreement reflects the full deal. Estoppel certificates can also limit challenges by confirming the lease terms and current obligations. Keeping these points in mind can help anticipate disputes before they grow.Treating conflicts as legal matters rather than casual disagreements makes it easier to protect your property. This post is for general informational purposes only and does not constitute legal advice. Legal support may guide your strategy depending on the facts of your situation.
Keep disputes from turning into litigation
Tenants often raise challenges that go beyond unpaid rent. From procedural notices to claims of constructive eviction, Florida courts weigh these factors carefully. Confident enforcement requires legal guidance to clarify how the law works and reveal hidden risks.]]>On Behalf of Korshak & Associates, P.A.<![CDATA[What to document right after a Florida car accident]]>https://www.korshaklaw.com/?p=532592026-01-06T07:22:41Z2026-01-05T12:03:17ZDetails recorded at the accident scene
Start with objective information tied to the people, vehicles and location. Florida drivers often exchange basic details after a crash, especially when vehicles remain drivable. You can write notes while still present or shortly after leaving. You may want to note identifying details while the information remains available, such as:
Driver names and contact information
Insurance carriers and policy numbers
Vehicle makes, models, colors and license plates
Date, time and exact location
Witness names and phone numbers
These details can become harder to recall with time. Early notes can help you describe events later.
Evidence preserved after leaving the location
Once you depart, you can preserve physical and digital material connected to the crash. You can save original files without edits or filters. You can capture vehicle damage, roadway markings, traffic signals and lighting conditions. You can keep damaged personal items. You can also secure dash camera footage if available. Organized storage can be helpful if the documentation becomes relevant later.
Records kept during medical and insurance follow-up
Medical and insurance records often develop over days or weeks. In Florida, you may interact with healthcare providers or insurers even if injuries do not feel serious at first. You can keep visit summaries, bills, prescriptions and work notes together.
You can log dates, names and discussion points from insurance calls. You can track symptoms as they change. Patterns can provide context if a claim later becomes a consideration.
What to consider after you have documented everything
After a car crash, you may not know what direction things will take. Some injuries, expenses or insurance issues surface later.
In Florida, personal injury claims often follow a time limit that generally allows up to two years from the date of the accident, which makes early organization useful even when decisions feel distant. Keeping clear records can give you space to pause, observe how things unfold and respond thoughtfully if questions or concerns develop over time.]]>