Recent Blog Posts
Community Associations & Hurricane Preparedness
Summer is the start of hurricane season in Florida, and community associations generally try to begin to prepare for storms as early as possible to protect their residents, particularly in more storm-prone areas like Miami and the Keys. (Broward County has its fair share of hurricanes as well). There are certain steps that every… Read More »
Franklin Will Quagmire Would Have Been Avoided In Florida
On July 11, 2023, NPR reported that a handwritten note found in the couch cushions at the home of soul singer Aretha Franklin was found by a Michigan jury to constitute her last will and testament. Previously, a 2010 will was held to be the controlling document, but the note, dated 2014, was found… Read More »
Taking The Elective Share In A Probate Estate
When someone makes a last will and testament, their intention is to convey their assets to the beneficiaries they name in the document. However, Florida law has what is known as the elective share, which grants a percentage of a deceased person’s estate to their surviving spouse, regardless of what is contained in the… Read More »
Special Factors When Divorcing A Military Servicemember
In general, military servicemembers divorce at about the same rate as ordinary civilians. However, in many of those divorces, certain issues must be managed that civilians do not have to deal with. If you and your military spouse are seeking to divorce, it is important that you are aware of everything that needs to… Read More »
Should We Get A Prenuptial Agreement Before Getting Married?
With many first marriages, romance is the order of the day, and no one wants to talk about finances. However, though it may sour the mood, it is generally a good idea for most couples to execute a prenuptial agreement, or ‘prenup,’ before their wedding. Even if the engaged couple has no intention of… Read More »
Joint Custody & Florida Child Support
Going through a divorce with minor children is not easy for anyone involved, even if the divorce is amicable. Discussions over asset division can take time and drain the mental and emotional resources of both spouses and the children. Child support can be one of the hottest topics during proceedings, potentially turning routine hearings… Read More »
Can Homeowners Fly “Historic” Flags In An HOA?
Homeowners’ associations (HOA) in Florida have the right to regulate almost everything that happens in the association, from assessment payments to what color a homeowner may paint their garage. This extends to the display of flags – more and more nowadays, some homeowners are choosing to display not only the U.S. flag, but also… Read More »
Florida’s “Slayer Statute” And Probate Law
At common law, it was understood that a person who committed homicide could not inherit property from their victim. Florida codified that rule into what has become known as the “slayer statute,” explicitly stating that anyone who kills or “participates in procuring the death of” a person may not receive any benefit from their… Read More »
My Military Spouse Cut Me Off!
Every branch of the U.S. military requires a divorcing servicemember to continue to provide for their family during proceedings. However, it is unfortunately common for those going through a divorce to simply refuse – they may reroute payments, hide assets, or simply openly refuse to provide for a spouse and children. To do this… Read More »
Do “Postnuptial” Agreements Exist?
Prenuptial agreements, called ‘prenups,’ are more and more common nowadays, appreciated for their ease of use and relative simplicity. Florida’s laws governing prenups are also fairly broad, granting a healthy amount of leeway over what a prenup can settle and what it cannot. Some couples, however, may get married without one, and then seek… Read More »
