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Florida Estate Planning Questions & Answers
3 Answers | Asked in Estate Planning and Probate for Florida on
Q: Am I entitled to inheritance if my estranged father didn't include me in his will in Florida?

I'm my father's only child, but we haven't spoken for many years. He has been married for a long time, and I believe he might have a will or estate plan. He was very wealthy before retiring, and I'm unsure whether I'm included in his will. If he passes away without... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jul 7, 2025

If you’re not named in the will, and you’re not listed as a joint tenant or a designated beneficiary (such as a transfer-on-death beneficiary), on his financial accounts or life insurance policies, then you have no legal right to inherit under his estate plan or property titles. Unlike many... View More

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3 Answers | Asked in Estate Planning, Probate and Real Estate Law for Florida on
Q: Is immediate deed transfer necessary as executor/beneficiary in Florida?

My mother recently passed away, and I am both the executor and sole beneficiary of her estate. The property involved is under a warranty deed and a trust. Given there are no requirements stated in the trust, no debts or mortgage, and no co-beneficiaries, do I need to transfer the deed into my name... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Jun 29, 2025

While an estate planning and probate attorney will need to review the trust for a more precise and correct answer based on the actual terms of the trust, the general answer to your questions is that it should not be a problem as long as the terms of the trust are being followed and addressed. In... View More

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2 Answers | Asked in Estate Planning for Florida on
Q: How can I find out if a trust is closed as a beneficiary?

I am a beneficiary of a trust, and my family and I have not heard from the trustee since October. We are trying to find out if the trust is closed. What steps can we take to verify its status, and as beneficiaries, are we entitled to any documentation or information from the trustee?

Phillip William Gunthert
Phillip William Gunthert
answered on Jun 25, 2025

There should be a notice of trust submitted in the county where the deceased lived (if they are deceased), you as beneficiary are entitled to a copy of the rust and you are entitled to regular accountings and various other rights you have and the trustee has obligations to do ongoing. You should... View More

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2 Answers | Asked in Health Care Law, Estate Planning and Public Benefits for Florida on
Q: Will recent house deed transfer affect Medicaid eligibility?

I recently transferred the deed of my mother's house to myself two weeks ago. She may now need to apply for Medicaid for assisted living. There was a payment involved in the transfer. She has not applied for Medicaid before. Will this deed transfer affect her eligibility for Medicaid?

Nina Whitehurst
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answered on Jun 16, 2025

If you paid fair market value for the house this will not cause your mom to incur a Medicaid uncompensated transfer penalty.

But to the extent that you paid less than fair market value there will be a penalty assessed if she applies for Medicaid within the next five years. If you think...
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5 Answers | Asked in Probate and Estate Planning for Florida on
Q: Need help with personal representative papers and probate in FL

I live in Venice, Florida, and I need to obtain personal representation papers under my mother's will. I am named as the personal representative, but I haven't heard back from the law office that drafted the will. I want to proceed without probate, but I need clarification on whether... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Jun 9, 2025

I am very sorry for your loss of your mother, please accept my condolences for you and your family at this sad time. Any Florida Probate Attorney will be able to help you and answer your questions and can file the necessary probate petitions to get you assigned as the Personal Representative of the... View More

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4 Answers | Asked in Estate Planning and Probate for Florida on
Q: Can a POA be used after the principal's death in Florida?

Can a person continue to use a Power of Attorney (POA) if the principal passed away on February 28, 2025, without having executed a new POA or having a will in place?

Evelyn Suero
Evelyn Suero
answered on Jun 6, 2025

No, Florida statute 709.2109 provides that the power of attorney terminates when the principal dies. Without a will, the estate will be administered as an interstate estate and a personal representative will likely be required to administer the estate and manage the assets. Consult with a Florida... View More

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4 Answers | Asked in Estate Planning and Probate for Florida on
Q: Can a POA be used after the principal's death in Florida?

Can a person continue to use a Power of Attorney (POA) if the principal passed away on February 28, 2025, without having executed a new POA or having a will in place?

Phillip William Gunthert
Phillip William Gunthert
answered on Jun 5, 2025

In Florida Power of Attorney ends at death, it is now a probate matter and probate will need to be pursued if there are any assets left in the name of the deceased alone and there is no pay on death or transfer on death designation or similar type transfer on death agreement. No one should be using... View More

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3 Answers | Asked in Probate and Estate Planning for Florida on
Q: Property willed in Florida. Attorney demands high fees. Legal aid referred in VA. Seeking guidance on probate and fees.

I was named as a beneficiary in a will, receiving a piece of property. The attorney who wrote the will is claiming fees ranging from $5,000 to $8,000 to execute the will's provisions. However, the attorney has directed me to Legal Aid for more information and is unwilling to provide further... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Jun 1, 2025

You will need to get a probate attorney in the state where the property is located, if the property is in Florida then that would be a Florida Attorney. The primary probate would be done in the state where the person lived and had their Homestead. The type of probate required and time involved will... View More

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3 Answers | Asked in Real Estate Law, Estate Planning, Medical Malpractice and Personal Injury for Florida on
Q: Can medical creditors collect from the sale of homestead in Florida for spouse's medical debts?

I own my home in Florida as a tenant by entirety with my husband, and it is our primary residence with homestead protection. My husband is very sick and will incur large medical bills in the future. Given that our finances and bank accounts are separate, can medical creditors collect from the sale... View More

Maite L. Diaz
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answered on May 30, 2025

Under Florida law, your homestead property is generally protected from forced sale by creditors. This protection typically extends to debts of a deceased spouse as well, especially when the property is owned as tenants by the entirety (TBE). TBE ownership not only shields the property from... View More

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4 Answers | Asked in Estate Planning for Florida on
Q: How to change beneficiary and executor in a revocable trust in Florida?

I need to change the beneficiary and the executor of my existing revocable trust. I have a copy of the trust document. I want my adult children to be the executors now, and I'm hoping to get these changes done before September 15, 2025. How should I proceed with making these changes?

Phillip William Gunthert
Phillip William Gunthert
answered on May 29, 2025

Depending on how old your trust is and how substantial the changes the changes are that you need will determine whether a restatement of trust or amendment of trust will be necessary, you will have to work with a Florida Estate Planning Attorney.

Generally, the restatement of a trust will...
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4 Answers | Asked in Estate Planning for Florida on
Q: How to change beneficiary and executor in a revocable trust in Florida?

I need to change the beneficiary and the executor of my existing revocable trust. I have a copy of the trust document. I want my adult children to be the executors now, and I'm hoping to get these changes done before September 15, 2025. How should I proceed with making these changes?

Carol Larmond Grant
Carol Larmond Grant
answered on May 30, 2025

Good Morning,

If you want to amend your trust, I suggest that you retain the services of an attorney to assist you. If the attorney that prepared the trust is still available reach out to him. Please do not make the changes directly on the trust document by writing the changes in as it will...
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3 Answers | Asked in Real Estate Law, Estate Planning and Health Care Law for Florida on
Q: Can a lien be placed on a Florida home owned as "Tenants by Entirety" due to husband's medical bills?

I own a home in Florida with my husband as "Tenants by Entirety." My husband has recently learned he has advanced stages of cirrhosis of the liver, and we expect large medical bills that I did not guarantee. We keep our finances separate and have separate bank accounts. The house is the... View More

Marc J. Soss
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Marc J. Soss
answered on May 28, 2025

If the home is your primary residence (Homestead) then no lien can attach to it except from your mortgage company or if you both personally sign a document allowing for that lien to be placed against the property. Your home is protected under the Florida Constitution. If the lien is placed, you... View More

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3 Answers | Asked in Real Estate Law, Estate Planning and Health Care Law for Florida on
Q: Can a lien be placed on a Florida home owned as "Tenants by Entirety" due to husband's medical bills?

I own a home in Florida with my husband as "Tenants by Entirety." My husband has recently learned he has advanced stages of cirrhosis of the liver, and we expect large medical bills that I did not guarantee. We keep our finances separate and have separate bank accounts. The house is the... View More

Phillip William Gunthert
Phillip William Gunthert
answered on May 28, 2025

Medical bills cannot be attached to a property held as tenants by entireties if debt is only against one spouse and if it is Homestead there is no way to attach to such a home either as it is protected, if death occurs, the property is also protected in Probate.

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2 Answers | Asked in Landlord - Tenant, Estate Planning, Domestic Violence and Real Estate Law for Florida on
Q: I'm power of attorney for my sister. How can I legally evict her boyfriend from her house in Florida?

I am my sister's full power of attorney. She recently had a medical emergency and is currently in rehab. Her boyfriend is living in her home, believing he has the right to stay, although there is no written lease agreement. What are my legal rights to evict him, and how do I proceed? I’m... View More

Symantha Rhodes
Symantha Rhodes
answered on May 27, 2025

As your sister's full power of attorney, you generally have the authority to manage her property and legal affairs, which includes the ability to initiate an eviction. Ensure the power of attorney document specifically grants you the authority to manage real estate matters and undertake... View More

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3 Answers | Asked in Estate Planning and Elder Law for Florida on
Q: Can husband's rights override stepson's power of attorney in FL?

I am concerned about the extent of authority my wife's son has over her decisions, as he has a power of attorney for her. Recently, he decided to place her in an assisted living facility without consulting me, her husband. I'm unsure about the specific terms of the power of attorney,... View More

Phillip William Gunthert
Phillip William Gunthert
answered on May 21, 2025

I am sorry for your struggles, the power of attorney will override the ability of the spouse (you) to make decisions in the State of Florida, you would have to petition the court for guardianship or you would have to get a power of attorney to override and replace the one that the son has in place... View More

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3 Answers | Asked in Estate Planning for Florida on
Q: Where to find a free Durable Power of Attorney document in Florida covering financial, healthcare, and personal matters?

I'm looking for both physical and online resources where I can obtain a free Durable Power of Attorney document in Florida. This document should cover most matters, including financial, healthcare, and personal. I plan to appoint one agent with a second as a backup if the first is unable to... View More

Jason E. Neufeld
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Jason E. Neufeld
answered on May 25, 2025

The problem is that there are a lot of free documents that are legally valid. But they may be incomplete, not strong enough (can't just say "agent can do everything"). When the agent tries to use the POA it might work in certain situations, but not others. In this way, a free POA... View More

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3 Answers | Asked in Estate Planning for Florida on
Q: Where to find a free Durable Power of Attorney document in Florida covering financial, healthcare, and personal matters?

I'm looking for both physical and online resources where I can obtain a free Durable Power of Attorney document in Florida. This document should cover most matters, including financial, healthcare, and personal. I plan to appoint one agent with a second as a backup if the first is unable to... View More

Phillip William Gunthert
Phillip William Gunthert
answered on May 21, 2025

Florida went through a lot of changes in recent years and a lot of what you will find online is unreliable and inaccurate, or it will be from another state and Florida financial institutions and other entities will simply reject them and not accept them, so you have to be cautious. Most estate... View More

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2 Answers | Asked in Probate and Estate Planning for Florida on
Q: Is probate required in FL if spouse dies with trust and will?

Is probate required after the death of my spouse, whom I was married to for 56 years, given that we have a trust and a will in place? Our home property, which we owned for 30 years, is titled in both our names and is not included in the trust. We have two surviving adult biological children who... View More

Phillip William Gunthert
Phillip William Gunthert
answered on May 18, 2025

I am very sorry for your loss and please accept my condolences on the loss of your spouse for you and your family at this difficult and sad time. No, probate is not required unless there are any assets in the name of your spouse alone that would need to be addressed via probate, based on what you... View More

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: Is a handwritten will in Florida sufficient for property transfer to a sole beneficiary?

I have a handwritten will in the state of Florida that bequeaths my car and house to my daughter. It is signed by me and two witnesses, with an executor named. There have been no disputes, and my daughter is the sole beneficiary. Is this will considered legally sufficient to proceed with... View More

Phillip William Gunthert
Phillip William Gunthert
answered on May 16, 2025

Yes, while the Will may be valid under Florida Law (see below Florida Statute 732.502), it will be subjected to greater scrutiny if it is a handwritten Will, also, the Will is going to have to go through probate (time, potential delays and expense). I would encourage you strongly to do proper... View More

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2 Answers | Asked in Estate Planning, Probate and Real Estate Law for Florida on
Q: What date is considered the ownership transfer of commercial property?

I have a question about the transfer of commercial property that was signed in December and filed in April. The property transfer occurred after the original owner's death and was to a beneficiary through a Trust agreement. There was no formal closing or stipulation regarding the transfer... View More

Anthony M. Avery
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answered on May 13, 2025

Date of Deed Execution is date of conveyance. But if there is Court Case, delivery to and acceptance by the grantee may need to be proven by sworn testimony. Deed is effective upon execution but not notice to the world until recorded.

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