Korshak and Associates, P.A. Attorneys at Law Korshak & Associates, P.A. 2026-10-16T16:25:18Z https://www.korshaklaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1103229/2021/02/favicon-75x75.ico On Behalf of Korshak & Associates, P.A. <![CDATA[How a Parent should Prepare Their College Student for Emergency Situations]]> https://www.korshaklaw.com/?p=53611 2026-10-06T08:48:49Z 2026-10-06T08:47:48Z Testamentary Documents: Testamentary documents allow you to have access to things like your child’s medical records, bank accounts, bills, and allow you to make medical decisions and financial decisions if your child becomes incapacitated or something uncontrollable happens.

Durable Power of Attorney

A durable power of attorney, which stays in effect even after your child becomes incapacitated, allows whoever your child named to assist with financial, legal, and administrative decisions if the child is unable to do so. Parents, if named, will have the authority to access or manage bank accounts, pay bills for the child, communicate with lenders and financial institutions on the child’s behalf, handle and assist with tax filings, and make financial decisions if the child is incapacitated or unable to communicate themselves.

Designated Health Care Surrogate

If your child names you as their designated health care surrogate, you will be able to make medical decisions for your child if something happens and they are unable to make decisions for themselves. While every parent hopes they will never have to face their child having a medical emergency, not every parent is prepared for the worst. A designated health care surrogate is useful if your child suffers an accident that leaves them unconscious, an illness that makes them unable to communicate, or even just going under general anesthesia for a routine surgery.

How do I get my child to sign these papers?

As your child is legally an adult, they are the one who needs to call to schedule a consultation, and they are the one who can determine what they want and who they want representing them. It is important that you take the time to have the conversation with your child about the kinds of documents available and why it is so important they have one. As these documents are all complex legal documents that have a long term impact on the life of your child, it is important they have the documents prepared by a reputable estate planning attorney. At Korshak & Associates we have a combined over 65 years of legal experience, much of it in estate planning. We are here to help make sure your child is set up for success, and to ensure parents’ peace of mind.]]> On Behalf of Korshak & Associates, P.A. <![CDATA[Why You Need A Probate Attorney]]> https://www.korshaklaw.com/?p=53607 2026-10-06T08:44:44Z 2026-10-06T08:42:37Z What is probate? Probate is the legal process for transferring the assets of a deceased person and putting gall potential claims of creditors to rest.

But do I actually need a probate attorney?

Outside of two minor exceptions, an attorney is required by the state of Florida for most probate proceedings. The two exceptions are as follows: the personal representative is the sole interested person in the estate, or if it is a summary administration (the decedent died with an estate worth less than $150,000 after July 1st, 2026, or an estate worth less than $75,000 before July 1st, 2026). Even if the probate does apply to one of the exceptions to the requirement of an attorney, it is almost always worth it to hire an experienced probate attorney to assist throughout the probate process. Probate is complex, and personal representatives are often held personally liable for any unpaid or overpaid creditor claims, missing or misused assets, failure to properly identify and claim homestead property, and failure to inform necessary parties about the probate.

What does a probate attorney do?

An experienced probate attorney ensures that all necessary steps to properly complete the probate are followed in accordance with Florida law. By hiring an attorney, the Personal Representative gains protection from personal liability for any mistakes that may harm the estate or the beneficiaries. This includes, but is not limited to, the following: identifying, gathering, and determining the value of the assets of the estate, identifying and serving all potential heirs, notifying all potential creditors, handling valid creditor claims against the estate, filing necessary estate tax returns and tax returns for the decedent, distributing assets as necessary, identifying and claiming homestead property exemptions, and ensuring all court deadlines and procedures are met. At Korshak & Associates we have a combined over 65 years of legal experience, and work extensively in the probate courts. We have handled complex and contested probates, ancillary probates, summary administration, and probates with questionable homestead. We are here to provide expert guidance in your probate case, to honor your deceased loved ones and to protect your family.]]> On Behalf of Korshak & Associates, P.A. <![CDATA[Can a debtor hide assets to avoid a Florida judgment?]]> https://www.korshaklaw.com/?p=53605 2026-10-01T13:28:25Z 2026-10-01T13:28:25Z Winning a lawsuit does not always mean the creditor gets paid right away. A debtor may have little cash available or may refuse to pay. In some cases, a debtor might transfer property to a spouse, relative or related business. However, Florida law gives creditors ways to challenge certain transfers that appear designed to keep assets out of reach.

When does a transfer raise concerns?

Not every transfer after a lawsuit or judgment violates the law. A debtor may sell property or make other legitimate financial decisions. Still, certain facts can raise concerns about the purpose behind a transfer. Under Florida law on fraudulent transfers, courts may consider several factors when deciding whether a debtor intended to hinder, delay or defraud a creditor. These include whether the debtor transferred property to an insider, kept control of the property or concealed the transfer. Courts may also consider whether the debtor had already faced a lawsuit and whether the transfer involved most of the property the debtor owns. For example, a debtor might transfer a valuable vehicle to a sibling for little or no money after losing a lawsuit. Another debtor might move business assets to a related company but continue using them. Such circumstances may justify closer review.

When can a creditor challenge a transfer?

A creditor does not always need direct proof that a debtor admitted an intent to avoid payment. Florida law also addresses some transfers in which the debtor did not receive reasonably equal value. For example, a transfer may create legal concerns when the debtor received far less than the property's value and became insolvent as a result. If a creditor successfully challenges a transfer, a court has several options. It may undo the transfer as needed to satisfy the debt, restrict further transfers or allow the creditor to pursue the transferred property. Florida law may also allow recovery against certain people who received the asset.

How can creditors protect their rights?

Suspicious transfers can make judgment collection more complicated, especially when property moves between family members or connected businesses. Records such as deeds, bank statements and business documents may help show what happened. An attorney can help a creditor review those records and decide whether Florida law provides a way to challenge the transfer. Legal guidance can also help identify which collection options fit the facts while protecting the creditor's rights.]]> On Behalf of Korshak & Associates, P.A. <![CDATA[Keeping Florida parents safe from sudden best friends]]> https://www.korshaklaw.com/?p=53597 2026-09-01T17:09:49Z 2026-09-01T17:09:49Z When the threat wears a friendly face Undue influence doesn't always look like we expect it to. Instead of being a suspicious, opportunistic stranger, it could actually involve a helpful neighbor who starts running errands, a whirlwind romantic interest or even a sibling who recently moved back into the family home. These individuals may slowly isolate your parent while positioning themselves as the only person who truly cares. Predatory parties may then use that emotional bond to manipulate financial decisions or estate plans.

Red flags found in Florida courtrooms

Florida courts look at specific behaviors, known as the Carpenter factors, to decide if someone is exerting too much control over making or signing a will. Watch for these warning signs if a new person enters your parent's inner circle:
  • The new friend recommends their own lawyer to draft a new will
  • They are present during the discussions regarding financial changes
  • They keep the senior’s phone or mail away from other family members
  • They take charge of the "safekeeping" of important legal papers
If several of these factors exist at once, it may be time to look closer at the situation to determine if your parent is being manipulated. Florida courts may presume undue influence when a beneficiary had a close, trusted relationship with the person making the will and was active in making the will.

Taking steps to safeguard their legacy

You can take action before a new will is signed by maintaining open, private lines of communication with your parents. Encourage them to use independent legal counsel and offer to help them set up a family meeting to discuss their long-term wishes. Having these conversations early helps ensure their estate plan reflects their true intentions rather than someone else's pressure. Staying involved from a distance is challenging, but being aware of these subtle shifts in your parent's life can make it easier to spot red flags and take action before it is too late.]]> On Behalf of Korshak & Associates, P.A. <![CDATA[Can Florida businesses face aid of execution too?]]> https://www.korshaklaw.com/?p=53583 2026-07-30T09:07:17Z 2026-07-30T09:01:04Z a court enters a judgment requiring your company to pay money, you might think enforcement actions target only individuals. That is not the case. Under Florida law, a business can face aid of execution just like a person. This process can reach company assets that many owners never see coming.

What does aid of execution mean for a company?

Aid of execution is simply a set of legal steps that help a creditor find and collect assets to pay off a debt. When your business owes the money, creditors may look past a basic bank account. They may dig into your company records, contracts and daily operations to find something worth collecting.

What business assets can creditors pursue?

Florida law allows creditors to pursue several types of business property, though the company's legal structure often determines which assets they can reach. Creditors tend to look at:
  • Bank accounts and cash on hand
  • Receivables owed by customers or clients
  • Equipment, inventory or vehicles used to run the business
  • Ownership stakes in other companies
Once creditors spot these assets, they may ask a court to order you to hand over property or pay funds straight toward the judgment.

How do creditors gather financial information?

Creditors cannot just guess what your business owns. State law gives them a few tools to dig up that information. Under Florida law, creditors may initiate proceedings supplementary. This can include depositions, subpoenas for records and pulling in third parties who hold onto your business assets. Courts may also ask you to fill out a Fact Information Sheet listing your company finances. Creditors often use these tools together rather than individually:
  • Depositions where company staff answer questions about assets and operations
  • Subpoenas asking for bank, vendor or lease records
  • Fact Information Sheets listing income, property and debts
Your business still keeps the right to push back, claim exemptions and ask for protective orders along the way.

What can your business expect during the process?

Aid of execution can feel confusing, especially for small companies without a lawyer on staff. You may get formal notices, deadlines and requests for paperwork that need quick attention. Ignoring these rarely helps and could lead to more trouble in court.

How can your business protect itself through the process?

Facing aid of execution does not mean your company is out of options. Talking to a Florida attorney early may help you respond to requests the right way, protect property that qualifies for exemptions and work toward an outcome that fits your business.]]> On Behalf of Korshak & Associates, P.A. <![CDATA[Florida commercial property: The limits of ‘buyer beware’]]> https://www.korshaklaw.com/?p=53573 2026-07-09T19:42:03Z 2026-07-09T19:42:03Z The limits of "buyer beware" Commercial sellers often have no general duty to volunteer information about a property’s condition. However, Florida law provides important limits where liability can arise from misrepresentation, active concealment and other fraud-based conduct. Further, the contract can create specific disclosure and investigation rights. Even in an “as-is” sale, a seller generally cannot avoid liability for intentional misrepresentation or active concealment.
  1. Active concealment: Sellers may not take deliberate steps to hide known defects. For example, painting over a recurring mold issue, can create legal liability.
  2. Misrepresentation: If a seller makes a false statement regarding square footage, environmental contamination or zoning compliance, and the buyer is harmed, caveat emptor generally will not shield the seller.
  3. Contract-based investigation and disclosure rights: Commercial buyers must negotiate robust investigation rights, including a due diligence period for environmental and structural reviews. Buyers should negotiate inspection and access rights; once agreed to in the contract, the seller must provide the access described.
Most commercial contracts include representations and warranties buyers can negotiate. If a seller signs a contract promising that there are no known liens or structural issues, they have a legal obligation to be truthful about what the contract covers.

Honest answers about other concerns

Florida does not generally require that sellers disclose stigmatizing information about properties. They don’t have to tell buyers if there is a history of failed businesses at the property. They do not need to advise them that a previous tenant vacated under unpleasant circumstances or that there are rumors regarding future competition in the area. However, if buyers make inquiries about specific operational, zoning or environmental details, sellers have an obligation to answer honestly. Buyers should ask sellers specific questions (ideally in writing) about concerns that could affect the deal.

The importance of the commercial contract

Commercial contracts are not one-size-fits-all. Reviewing contracts and environmental reports with a skilled legal team can help commercial buyers allocate risk properly and determine whether sellers may have intentionally misrepresented a property.]]> On Behalf of Korshak & Associates, P.A. <![CDATA[How to disown your child]]> https://www.korshaklaw.com/?p=53548 2026-06-24T08:32:11Z 2026-06-24T08:32:11Z Disowning minor and adult children Legally, you cannot simply choose to disown a child under the age of 18. Parents have a strict legal duty to provide financial support and care. The state will not let you give up your parental rights unless another adult steps forward to legally adopt the child. Once a child turns 18, the legal situation changes completely. Adult children have no legal right to your financial support. You can cut off all communication, stop funding their lifestyle and remove them from your life without any legal consequences. You do not need a court order to stop supporting an adult child.

Disinheriting children in Florida

Cutting ties is simple, but protecting your estate requires specific legal steps. If you want to ensure a child receives nothing after you pass away, you must state it clearly in your estate plan. Moreover, you cannot just leave a child's name out of your will. It is wiser to state in writing that you are intentionally leaving them nothing. If you do not, they may argue in court that your omission was a mistake. Updating your life insurance policies, retirement accounts and bank accounts is also important. These assets go directly to whoever is listed on the account, bypassing your will entirely.

Understanding your obligations and parental rights

Intense family conflict means it is essential to set healthy personal boundaries for your own well-being. However, state law is very strict about parental duties, so you cannot ignore your legal obligations if your child is still a minor. Knowing exactly where the law draws the line allows you to protect your personal space while still meeting your responsibilities.]]> On Behalf of Korshak & Associates, P.A. <![CDATA[What can invalidate a will in Florida?]]> https://www.korshaklaw.com/?p=53487 2026-06-09T10:17:41Z 2026-06-10T13:00:29Z Ensure the state hears your voice A failure to follow strict state regulations will completely destroy a will’s legal authority. When this happens, anyone can challenge its legality. Outcomes of an invalid will are:
  • State enforces prior valid will. The court will reinstate the most recent valid will, if any exist.
  • Courts follow intestate succession. If you have no prior valid wills, the state dictates who will inherit. According to Florida’s intestate succession laws, the exact division of assets will depend on your marital status and the existence of a surviving spouse and children.
  • Partial Invalidation. If a court rules that specific clauses of your will are the product of fraud, duress, or undue influence, the clauses are voided while other independent and valid provisions may remain intact.
The legality of your will rests in ensuring that you meet specific requirements while creating it.

You documented your wills improperly

Most US states and jurisdictions, including Florida, generally do not accept oral wills. Under Florida Statute Section 732.502(1), every will executed in the state must be in writing. Rather than accepting oral wills, Florida permits digital electronic wills signed via secure audio-video online notarization channels—provided the strict statutory requirements are met. In addition, those given the signatory role should not qualify as a vulnerable or at-risk adult. If they are, the law triggers a strict requirement for physical presence. On the other hand, according to Florida Statute Section 732.502(2), handwritten wills can be legal, but only if the documents meet the exact same strict legal requirements as standard printed wills—such as valid testator signatures and dual-witness formalities. Florida prohibits unwitnessed handwritten wills (also known as holographic wills). So no, don’t just write wills on paper napkins or scratch paper and call it a day!

Two witnesses did not sign your will

A potential heir may contest your will’s validity if you did not follow Florida’s witness rule. Every will must have two attesting witnesses who are competent individuals. Both witnesses must sign in the presence of you and each other. You must sign your will in their presence or acknowledge your signing to them. Your two witnesses legally validate your will and prevent fraud by confirming you are signing out of your own free will. Someone crossed off lines In Florida, there are only two permitted methods to alter a will:
  • Revoking a will and drafting a new one
  • Using a codicil
A codicil is a separate legal document that allows you to amend or update your current will, and it is subject to the same legal strict requirements as the original will. Altering an existing will by crossing out lines, writing handwritten notes or scribbling on the margins will invalidate the document. Incorrectly written wills can mess with your estate planning. When following proper requirements for will writing and execution, it’s never too early to seek legal guidance to make sure your loved ones navigate the process more easily.]]> On Behalf of Korshak & Associates, P.A. <![CDATA[3 estate planning strategies that can help avoid probate]]> https://www.korshaklaw.com/?p=53483 2026-06-02T09:05:24Z 2026-06-02T09:05:24Z 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=53353 2026-05-11T06:52:31Z 2026-05-11T06:52:31Z Florida 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. Under Florida 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. ]]>