Recent Blog Posts
Can I Avoid Florida Probate Altogether?
When a person passes away in Florida, most of the time, their beneficiaries do not want to be burdened with the long, drawn-out process of probate. However, most of the time it cannot be avoided, either because the deceased person did not properly plan their estate, or they had assets that are required to… Read More »
Disability Benefits In Military Divorce
Unless they are disqualified by the circumstances of their discharge, anyone who serves in the United States Armed Forces has the right to claim certain Veterans’ Affairs (VA) benefits. This can include a pension, healthcare, home loans at discounted rates, and burial honors, among other things – but disability compensation is one of the… Read More »
Support For A Dependent Adult Child
In the strong majority of Florida child support agreements, monetary support will cease at the time the child (or children) reach age 18. However, there are exceptions, particularly when there continues to be a demonstrated need for financial support to continue. Adult children who remain dependent on their parents past the age of 18… Read More »
Can Unenforced Community Association Restrictions Be ‘Revived?’
There are many different documents that govern a Florida community association: bylaws, the Declaration of Condominium, the conditions, covenants and restrictions (CC&Rs), and other rules that may have been passed by the board. In theory, they are meant to be observed and followed, but over time, it is not uncommon for enforcement to grow… Read More »
The Process Of Dividing Military Retired Pay
Just like the marital home or the automobile, a military servicemember’s retired pay is an extremely valuable asset in many divorces. However, it can also be one of the most difficult to distribute, because of the confusion that often surrounds it. This is especially true if one spouse is a servicemember and the other… Read More »
The Nuts & Bolts Of Florida Prenuptial Agreements
Prenuptial agreements, shortened to ‘prenups,’ were formerly a tool primarily for second marriages, particularly when an older spouse sought to protect certain assets from a younger one. Over time, however, prenups became more and more common among couples, even very young people entering into a first marriage. If you believe that a prenup would… Read More »
Are Florida’s 55+ Communities Discriminatory?
Florida’s Fair Housing Act (FHA) and its federal equivalent prohibit discrimination in housing, specifically holding that one may not be discriminated against on the basis of race, national origin, religion, disability, familial status, and certain other characteristics. However, there is a significant exception to this policy, and it deals with age. In 1995, federal… Read More »
Is Probate Necessary If No Will Exists?
When a person dies in the state of Florida, they usually leave a Last Will and Testament behind. However, this is not always the case. Sometimes, people die with no estate planning in place – this is called dying ‘intestate,’ and Florida law has procedures in place to ensure that the decedent’s property goes… Read More »
Should I Challenge My Loved One’s Will?
When someone passes away in Florida, and their estate is required to go through the probate process before the assets can be disbursed, this is usually accomplished with minimal fuss. However, it is not uncommon for a will to be contested by a potential claimant if they believe that there is reason to do… Read More »
Military Divorce: Active Duty Vs Reservists
Military divorce can be a complex endeavor, with many different issues to be settled before the two individuals can go their separate ways (and this goes double if the couple has children). One potential wrinkle that many fail to consider in terms of asset distribution is the status of the military servicemember – there… Read More »