Blog

Category: Wills

The forty-nine dollar will you bought online last summer is probably going to cost your family thousands of dollars they did not need to spend. Sometimes tens of thousands. That is the part the legal forms websites do not put in their marketing materials. I have probated a lot of these. After forty years of […]

By Rice Law
Most people who own a business in Volusia or Flagler County do not have a will. I would put it at somewhere just over half, based on forty years of asking the question across a conference table.
By Rice Law

One of the most common questions I hear is whether a will has to be notarized to be valid. The short answer in Florida is no. A will does not have to be notarized to be legally valid. What it must have, under Florida law, is the proper execution: the testator must sign the will […]

By Matthew Shapiro, Daytona Attorney.
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.
By Matthew Shapiro, Daytona Beach Attorney

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 […]

By Matthew Shapiro, Daytona Beach Attorney

An Enhanced Life Estate Deed, commonly referred to as a Lady Bird Deed, is an advantageous legal instrument that automatically transfers real property to a designated beneficiary upon the owner’s death. This deed allows the owner to maintain full control over the property during their lifetime while avoiding the need for probate to transfer ownership […]

By Jena Conley, Daytona Beach Attorney
A will is a written document controlling the disposition of property after death. Wills are essential if you wish to control who your property goes to and how it is distributed after you pass away. Without a valid Last Will and Testament, your property will be distributed according to Florida’s intestate succession laws, which might not align with your individual wishes.
By Jena Conley, 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.
By Matthew Shapiro, Daytona Beach Attorney
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.
By Matthew Shapiro, Daytona Beach Attorney
Estate planning includes decisions related to healthcare. In Florida, living wills and healthcare surrogates are essential tools for ensuring that your medical wishes are honored when you cannot express them yourself. In this blog post, we will explore the purpose and significance of living wills and healthcare surrogates, highlighting their benefits and key considerations when creating these documents.
By Matthew Shapiro, Daytona Beach Attorney