We at the Law Offices of Frye & Vazquez understand why it is desirable to avoid probate if possible. The probate process in Florida can be complicated, expensive and much more public than most families would prefer. There are a number of available options to help you and your heirs avoid probate, but some are more efficient than others.
In Florida, the court may appoint a guardian for an adult who has a mental disability or becomes incapacitated due to age-related dementia, a head injury or a number of other possible causes. If you become the guardian of a disabled or incapacitated adult, your responsibilities may be different from what you might expect.
From time to time, parents in Florida are no longer able to care for their biological children. This can occur if you and/or the child's other parent become incapacitated or die. It can also occur if a court issues a decision against you declaring you to be unfit. In situations like this, the care of your child becomes the responsibility of another adult, one chosen either by the court or by you, depending on the circumstances. This can take place via one of two legal processes: adoption or guardianship.
As of January 2019, the federal Tax Cuts and Jobs Act officially became law and introduced sweeping changes affecting taxpayers in Florida. Provisions of the law can affect your existing estate plan in many different ways, so much so that it may be necessary to update or revise the plan you have in place. The most obvious provision pertaining to your plan is the increased estate tax exemption, but, according to The CPA Journal, the new law also affects insurance, investment locations and other decisions related to financial planning.