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Author: Matthew Shapiro, Daytona Beach Attorney

Who Can Execute a Will or Trust in Florida When Capacity Is in Question?

One of the most common questions I hear as a Florida estate planning attorney is whether a person with memory issues or early cognitive decline can still legally sign a will or trust. It is a question that affects many families because people are living longer and may experience years of mild impairment before they lose the ability to make legal decisions.

Pretermitted Spouses and Children in Florida Probate

Florida’s Probate Code protects family members who appear to have been unintentionally left out of a will because of events that happened after the document was signed. These protections live in the pretermitted spouse and pretermitted child statutes and they can reshape an otherwise tidy estate plan. A pretermitted spouse is a person who marries […]

lady-bird-deeds

Lady Bird Deeds: The Florida Estate Planning Tool Most People Have Never Heard Of

When most people think about estate planning, they imagine wills, trusts, and maybe a power of attorney. But there’s a lesser-known tool in Florida that can save time, money, and hassle for families — the Lady Bird Deed. A Lady Bird Deed — also called an Enhanced Life Estate Deed — lets you keep full […]

Understanding Ancillary Administration By Matthew Shapiro, Attorney Daytona Beach

As an attorney practicing probate administration in Daytona Beach, Florida, I often encounter clients who move here from other parts of the country, leaving behind property in different states. This scenario frequently necessitates ancillary administration, a crucial process for efficiently handling an out-of-state decedent's assets. Here's a comprehensive guide to understanding ancillary administration and its significance in probate, along with how establishing a trust can streamline this process.

Wills vs. Won’ts: Understanding the Impact of a Will By Matthew Shapiro, Daytona Beach Attorney

The passing of a loved one is always a difficult time, and dealing with the legal complexities that follow can make it even more challenging. One of the key aspects that often comes into play is whether the deceased died testate or intestate. These terms might sound technical, but understanding them can significantly ease the process of managing an estate, especially in Florida.

Demystifying Trusts by Matthew Shapiro, Volusia County Attorney

Trusts are powerful estate planning tools that offer individuals flexibility, control, and peace of mind when it comes to managing their assets and providing for their loved ones. In Florida, understanding the distinctions between revocable and irrevocable trusts, as well as living and testamentary trusts, is crucial for individuals seeking to establish an effective estate plan. In this blog, we'll explore these differences, their implications under Florida law, and the unique benefits they offer.
Different digital assets

Navigating the Digital Realm: Understanding the Disposition of Digital Assets in Florida Probate

In an era where our personal and professional lives are increasingly conducted online, the significance of digital assets cannot be overstated. From cherished memories stored on social media platforms to cryptocurrencies representing significant financial holdings, our digital footprint is substantial. Yet, amidst the intricacies of estate planning and probate administration, the treatment of these digital assets often remains a neglected aspect. In Florida, a state renowned for its proactive approach to legal matters, the disposition of digital assets is governed by a framework that seeks to reconcile traditional probate principles with the complexities of the digital age.

Understanding Summary Probate Administration in Florida

For some individuals, probate administration can be a daunting process, especially during times of grief and loss. However, in Florida, there are various types of probate administration, each designed to accommodate different circumstances.

Navigating Probate Courts: Unraveling the Complexities of Estate Settlement

Probate court, often shrouded in mystery and misconception, plays a crucial role in the legal landscape when it comes to settling the affairs of a deceased individual.

The Risks and Limitations of DIY Wills: The Importance of Professional Guidance in Estate Planning

Estate planning is crucial to securing the future and protecting the assets of your loved ones. In recent times, the proliferation of “do-it-yourself” (DIY) will kits and online services have offered seemingly convenient and cost-effective ways to create a will. However, while these DIY options appear accessible, they often harbor significant risks and limitations that […]