michael-greenwald

Estate Planning for High Net Worth Individuals in Florida

Thu, 23 Apr 2026 19:28:30 GMT

Estate Planning for High Net Worth Individuals in Florida

Estate planning is essential for anyone who wants to protect their assets and provide for their loved ones, but it becomes especially important for high net worth individuals. With larger estates often come more complex financial structures, tax considerations, and legal risks. In Florida, thoughtful estate planning can help preserve wealth, minimize taxes, and ensure your legacy is carried out according to your wishes.

At Michael Greenwald, P.A., we can provide legal assistance to the Hollywood, Florida public in creating comprehensive estate plans tailored to high-value estates.

Why Estate Planning Is Different for High Net Worth Individuals

High net worth individuals typically have diverse assets, such as real estate, business interests, investments, retirement accounts, and valuable personal property. Without a strategic estate plan, these assets may be subject to unnecessary taxes, probate delays, or disputes among beneficiaries.

A well-designed estate plan addresses not only how assets will be distributed but also how they will be protected and managed during your lifetime and after your passing.

Minimizing Estate and Gift Taxes

Although Florida does not impose a state estate tax, federal estate taxes may still apply to large estates. Proper planning can help reduce tax liability and preserve more wealth for beneficiaries.

Strategies may include lifetime gifting, charitable contributions, and the use of trusts designed to remove assets from the taxable estate. Planning ahead allows individuals to take advantage of available exemptions and avoid costly surprises.

The Role of Trusts in Asset Protection

Trusts are a key component of estate planning for high net worth individuals. They can serve multiple purposes, including protecting assets from creditors, managing wealth for future generations, and maintaining privacy.

Common types of trusts include:

Revocable living trusts for flexibility and probate avoidance
Irrevocable trusts for asset protection and tax benefits
Generation-skipping trusts to transfer wealth across multiple generations

Each type of trust offers unique advantages depending on your financial goals and family structure.

Business Succession Planning

For individuals who own businesses, estate planning should include a clear strategy for succession. Without proper planning, a business may face

uncertainty, disputes, or financial instability after the owner’s passing.

A business succession plan can outline who will take over operations, how ownership interests will be transferred, and how the business will continue to operate smoothly. This ensures continuity and protects the value of the enterprise.

Protecting Your Legacy and Family

Estate planning is not just about finances—it is also about protecting your family and preserving your legacy. High net worth individuals often use estate planning tools to provide for children, support charitable causes, and ensure responsible management of inherited wealth.

This may involve setting conditions for distributions, appointing trustees, and creating plans that reflect your values and long-term goals.

Keeping Your Plan Updated

As financial situations, laws, and family dynamics change, estate plans should be reviewed regularly. High net worth individuals may experience significant changes in asset value or structure, making periodic updates essential.

Staying proactive helps ensure that your estate plan continues to align with your objectives and complies with current laws.

How Legal Guidance Can Help

Estate planning for high net worth individuals requires careful attention to detail and a thorough understanding of both state and federal laws. Working with a knowledgeable attorney can help you create a comprehensive strategy that protects your wealth and supports your long-term goals.

At Michael Greenwald, P.A., we assist clients in Hollywood, Florida with developing customized estate plans designed to safeguard their assets and provide peace of mind for the future.

Using Estate Planning to Support a Disabled Sibling or Elderly Relative In Florida

Tue, 17 Mar 2026 16:22:28 GMT

Using Estate Planning to Support a Disabled Sibling or Elderly Relative In Florida

Planning for the future is not only about protecting your own assets—it is also about ensuring the well-being of the people you care about most. In Florida, estate planning can play a critical role in providing long-term financial and personal support for a disabled sibling or an elderly relative. With the right legal tools in place, families can help safeguard their loved ones’ quality of life while preserving eligibility for important benefits.

At Michael Greenwald, P.A., we can provide legal assistance to the Broward County public in creating thoughtful estate plans designed to support vulnerable family members.

Why Estate Planning Matters for Vulnerable Loved Ones

Disabled individuals and aging relatives often require ongoing care, financial support, and assistance with daily living. Without proper planning, unexpected events—such as illness or death—can leave them without the resources or guidance they need.

Estate planning helps ensure:

Continued financial support
Proper management of assets
Protection from exploitation or mismanagement
Access to public benefits like Medicaid or Supplemental Security Income (SSI)

Special Needs Trusts in Florida

One of the most effective tools for supporting a disabled sibling is a special needs trust. This type of trust allows assets to be set aside for the benefit of a disabled individual without disqualifying them from government assistance programs.

A properly structured special needs trust can:

Cover expenses not provided by government benefits
Protect funds from being counted as personal assets
Provide long-term financial stability

There are different types of special needs trusts, including first-party and third-party trusts, and selecting the right one depends on the source of funds and the individual’s circumstances.

Planning for Elderly Relatives

Estate planning can also help families support aging relatives who may face declining health or cognitive challenges. Tools such as revocable living trusts, powers of attorney, and advance healthcare directives can ensure that decisions are made in accordance with the individual’s wishes.

These documents can:

Appoint trusted individuals to manage finances and healthcare decisions
Avoid the need for court-appointed guardianship
Provide clear instructions for medical care

Choosing the Right Trustee or Fiduciary

Selecting the right person or institution to manage a trust or act under a power of attorney is essential. This individual will have significant responsibility for handling finances and making decisions in the best interest of your loved one.

When choosing a trustee or fiduciary, consider:

Financial responsibility and trustworthiness
Understanding of the beneficiary’s needs
Willingness to take on long-term responsibilities

Coordinating with Government Benefits

A key part of estate planning for disabled individuals is ensuring that financial support does not interfere with eligibility for government programs. Improperly structured gifts or inheritances can unintentionally disqualify a person from receiving benefits.

Careful planning can help:

Preserve eligibility for Medicaid and SSI
Structure distributions appropriately
Avoid costly mistakes that may require legal correction

Updating Your Estate Plan Over Time

Life circumstances change, and estate plans should be reviewed regularly to reflect new laws, financial situations, or changes in a loved one’s needs. Keeping documents up to date helps ensure continued protection and support.

How Legal Guidance Can Help

Creating an estate plan that supports a disabled sibling or elderly relative requires careful attention to detail and an understanding of Florida laws. Working with a qualified attorney can help families develop a plan tailored to their specific goals while avoiding common pitfalls.

At Michael Greenwald, P.A., we assist Broward County families in building estate plans that provide security, clarity, and peace of mind for the future.

Is a Joint Will a Good Idea for Married Couples in Florida?

Fri, 06 Feb 2026 20:05:24 GMT

Is a Joint Will a Good Idea for Married Couples in Florida?

Married couples in Florida often look for simple ways to plan their estates together. One option that sometimes comes up is a joint will. While it may sound convenient, a joint will can create complications that many couples do not expect. Understanding how joint wills work under Florida law—and their potential downsides—can help couples make informed decisions about protecting their assets and loved ones.

What Is a Joint Will?

A joint will is a single legal document created and signed by two people, typically spouses. It outlines how both individuals want their property distributed after they pass away. In most cases, the will leaves everything to the surviving spouse first and then distributes the remaining assets to beneficiaries after the second spouse dies.

Unlike separate wills, a joint will combines both spouses’ wishes into one document. This structure can seem appealing because it appears straightforward and unified.

Are Joint Wills Recognized in Florida?

Florida law does not prohibit joint wills, but they are relatively uncommon and often discouraged in modern estate planning. Courts in Florida generally prefer individual wills or other planning tools that offer more flexibility. While a joint will can be legally valid, it may raise legal questions—especially if the surviving spouse wants or needs to make changes later.

Potential Advantages of a Joint Will

Some couples consider a joint will because it offers perceived benefits, such as:

A single document covering both spouses’ wishes
Lower upfront drafting costs
A sense of shared decision-making

For couples with simple estates and identical goals, these advantages may seem appealing at first glance.

Key Drawbacks of Joint Wills

Despite their simplicity, joint wills often create more problems than they solve. Common concerns include:

Lack of flexibility: After one spouse passes away, the surviving spouse may be restricted from changing the will, even if circumstances change.
Changing family dynamics: Remarriage, new children, or strained relationships can make the original terms impractical or unfair.
Legal disputes: Beneficiaries may challenge whether the joint will was intended to be binding, leading to costly litigation.
Outdated planning: Joint wills often fail to account for tax planning strategies, trusts, or asset protection options commonly used today.

In Florida, these issues can complicate probate and delay asset distribution.

Why Separate Wills Are Often Better

For most married couples, separate wills provide greater clarity and control. Each spouse can tailor their will to their own assets while still coordinating overall estate planning goals. Separate wills also allow the surviving spouse to update their plan as life changes, without legal uncertainty.

Many couples also benefit from tools such as revocable living trusts, beneficiary designations, and powers of attorney, which can work alongside

individual wills to create a more complete plan.

When Estate Planning Becomes More Complex

If a couple owns significant assets, has children from previous relationships, or wants to plan for long-term care, a joint will is rarely sufficient. Florida estate planning laws offer many options that can better address these concerns while reducing the risk of disputes.

Getting Guidance Before Deciding

Estate planning decisions can have lasting consequences for surviving spouses and family members. Before choosing a joint will—or ruling it out—it is important to understand how Florida law applies to your specific situation

At Michael Greenwald, P.A. , we can provide legal assistance to the Broward County public by helping married couples explore estate planning options that align with their goals and protect their future.

How to Create a Pet Trust in Florida

Fri, 06 Feb 2026 20:02:43 GMT

How to Create a Pet Trust in Florida

Pets are family—but unlike people, they can’t legally inherit money or property. In Florida, a pet trust offers a reliable way to make sure your animal is cared for if you pass away or become incapacitated. By setting clear instructions and setting aside funds, you can protect your pet’s future and your own peace of mind. At Michael Greenwald, P.A. , we can provide legal assistance to the Broward County public with estate planning tools like pet trusts .

What Is a Pet Trust?

A pet trust is a legal arrangement that allows you to set aside money and instructions for the care of your pet. Florida law recognizes pet trusts, meaning the court can enforce them as long as they meet statutory requirements. The trust can cover essentials such as food, veterinary care, grooming, and even end-of-life decisions.

Why a Pet Trust Matters in Florida

Without a pet trust, your pet’s future may depend on informal promises or court decisions. Florida law allows a pet trust to remain in effect for the lifetime of the animal, ensuring funds are used only for the intended purpose. This structure helps avoid disputes and ensures your pet is not left without care.

Choosing a Caregiver and Trustee

When creating a pet trust, you’ll name:

A caregiver , who will be responsible for the pet’s daily care
A trustee , who manages the funds and ensures they are spent according to your instructions

These roles can be filled by the same person or by two separate individuals to create checks and balances.

Deciding How Much Money to Set Aside

Funding a pet trust requires thoughtful planning. You should consider your pet’s age, health, lifestyle, and expected lifespan. The trust can include funds for routine care, emergencies, and even compensation for the caregiver’s time and effort.

Including Clear Care Instructions

A strong pet trust includes detailed guidance about your pet’s routine, medical needs, dietary restrictions, and preferences. Clear instructions reduce confusion and help ensure your pet’s quality of life stays consistent.

How an Estate Planning Attorney Can Help

Pet trusts must comply with Florida law to be enforceable. An estate planning attorney can help draft the trust, coordinate it with the rest of your estate plan, and ensure it reflects your wishes clearly. This reduces the risk of challenges or misuse of funds.

Navigating Florida Probate When the Estate Has Significant Debt

Fri, 06 Feb 2026 20:00:21 GMT

Navigating Florida Probate When the Estate Has Significant Debt

When a loved one passes away, dealing with probate can already feel overwhelming. That process can become even more stressful when the estate has significant debt. In Florida, probate is designed not only to distribute assets to heirs but also to ensure that valid debts and obligations are properly addressed. Understanding how debt affects probate can help families in Broward County move forward with greater clarity and fewer surprises.

At Michael Greenwald, P.A. , we can provide legal assistance to the Broward County public during every stage of the Florida probate process.

Understanding Debt in Florida Probate

In Florida, an estate does not simply disappear when debts remain. Instead, probate provides a structured legal process to identify, evaluate, and pay debts using estate assets. Common types of debt include credit card balances, medical bills, mortgages, personal loans, and outstanding taxes. Importantly, most heirs are not personally responsible for a decedent’s debts unless they were co-signers or otherwise legally obligated.

The Role of the Personal Representative

The personal representative (also known as the executor) plays a critical role when an estate has substantial debt. This individual is responsible for gathering assets, notifying creditors, reviewing claims, and paying approved debts in accordance with Florida law. Failure to properly manage creditor claims can expose the personal representative to legal complications, making careful administration essential.

Creditor Claims and Deadlines

Florida probate law sets strict deadlines for creditors to file claims against an estate. Known creditors must be notified directly, while unknown creditors are given notice through publication. If a creditor fails to submit a claim within the required timeframe, the debt may be barred. This system helps bring closure to the estate while protecting it from lingering financial obligations.

Order of Paying Estate Debts

Not all debts are treated equally in probate. Florida law establishes a priority system for paying claims. Administrative expenses, funeral costs, and certain taxes are typically paid first, followed by secured debts and unsecured claims. When estate assets are insufficient to cover all debts, lower-priority claims may go unpaid, and heirs may receive little or no inheritance.

When the Estate Is Insolvent

An estate is considered insolvent when its debts exceed its assets. In these situations, probate still moves forward, but the focus shifts to properly closing the estate rather than distributing property to beneficiaries. Handling an insolvent estate requires careful adherence to Florida probate rules to ensure compliance and avoid disputes.

How Legal Guidance Can Help

Probate involving significant debt can be complex, especially when disputes arise among creditors or beneficiaries. Legal guidance can help ensure deadlines are met, claims are properly evaluated, and the estate is administered in line with Florida law. This support can ease stress for families while reducing the risk of costly errors.

Why Every Florida Adult Should Have an Estate Plan

Fri, 06 Feb 2026 19:57:25 GMT

Why Every Florida Adult Should Have an Estate Plan

Estate planning is often misunderstood as something only older adults or wealthy individuals need. In reality, every adult in Florida can benefit from having an estate plan in place. Life is unpredictable, and an estate plan helps ensure your wishes are honored, your loved ones are protected, and unnecessary legal complications are avoided. At Michael Greenwald, P.A., we provide legal assistance to the Broward County public to help individuals and families plan for the future with confidence.

What an Estate Plan Really Does

An estate plan is a set of legal documents that outlines how your assets will be managed and distributed if you pass away or become incapacitated. It can also address who will make medical or financial decisions on your behalf if you are unable to do so. Without an estate plan, Florida law—not you—decides what happens to your property and who has authority over critical decisions.

Avoiding Probate and Delays

Probate can be a lengthy and costly court process. A well-prepared estate plan can reduce or even avoid probate altogether by using tools such as trusts, beneficiary designations, and proper asset titling. This allows your loved ones to access assets more quickly and with less stress during an already difficult time.

Protecting Your Loved Ones

If you have minor children, an estate plan allows you to name a guardian to care for them if something happens to you. Without this, the court will make that decision. An estate plan can also provide financial protections for family members, including spouses, children, or dependents with special needs.

Planning for Incapacity

Estate planning is not just about what happens after death. Documents like a durable power of attorney and advance healthcare directive allow you to choose who can manage your finances and make medical decisions if you become incapacitated. This can prevent confusion, conflict, and the need for court intervention.

Updating Your Plan as Life Changes

Major life events such as marriage, divorce, the birth of a child, or acquiring new property should prompt a review of your estate plan. Florida laws and personal circumstances change over time, and keeping your plan up to date ensures it continues to reflect your wishes.

Estate Planning Is Not Just for the Wealthy

Even modest estates benefit from planning. An estate plan can help distribute personal property, handle digital assets, and provide clarity for loved ones. No matter the size of your estate, having a plan in place gives peace of mind and legal clarity.

How Legal Guidance Can Help

Estate planning involves important legal decisions that can have long-term consequences. Working with a knowledgeable attorney helps ensure documents are properly drafted and aligned with Florida law. At Michael Greenwald, P.A., we assist Broward County residents in creating estate plans that address their unique needs and goals.

Revocable vs. Irrevocable Trusts: Which One Is Right for You in Florida?

Thu, 11 Sep 2025 04:00:04 GMT

Revocable vs. Irrevocable Trusts: Which One Is Right for You in Florida?

Creating a trust is a smart way to protect your assets, plan for the future, and potentially avoid probate in Florida. But before establishing a trust, it’s important to understand the key differences between revocable and irrevocable trusts. Each offers distinct advantages and limitations depending on your personal goals.

At Michael Greenwald, P.A. , we help individuals and families throughout Broward County make informed decisions about their estate planning options, including which type of trust best suits their needs.

What Is a Revocable Trust?

A revocable trust, also known as a living trust, can be altered or revoked at any time during the grantor’s lifetime. This flexibility allows the person who creates the trust to:

Add or remove assets
Change beneficiaries
Appoint or remove trustees

Benefits of a Revocable Trust:

Avoids probate
Allows for smooth management of assets during incapacity
Offers privacy compared to a will

Drawbacks:

Assets in a revocable trust are still considered part of the grantor’s estate for tax and creditor purposes

What Is an Irrevocable Trust?

An irrevocable trust cannot be changed or revoked once it’s been created (with limited exceptions). Assets placed in this trust are no longer owned by the grantor, which offers significant protection and tax advantages.

Benefits of an Irrevocable Trust:

Shields assets from creditors and lawsuits
Removes assets from the grantor’s taxable estate
Can help qualify for Medicaid or other needs-based benefits

Drawbacks:

Less control over the trust once it's established
Changes typically require court approval or consent of all beneficiaries

Which Trust Is Right for You in Florida?

The right type of trust depends on your priorities. If flexibility and control are most important, a revocable trust may be the better option. If your goal is to reduce estate taxes, protect assets, or plan for long-term care eligibility, an irrevocable trust might be the right fit.

Factors to consider include:

Your age and health
Family dynamics
Size and type of assets
Whether you expect to need government benefits in the future

Get Legal Guidance in Broward County

Trust planning is not one-size-fits-all. At Michael Greenwald, P.A. , we take the time to understand your unique situation and guide you through the pros and cons of each type of trust. If you live in Broward County and want to protect your future with a well-crafted estate plan, we’re here to help.

Can You Challenge a Will in Florida? Grounds and Process for Will Contests

Thu, 10 Jul 2025 14:42:57 GMT

Can You Challenge a Will in Florida? Grounds and Process for Will Contests

Contesting a will in Florida is a legal process that allows certain individuals to challenge the validity of a deceased person’s will. While Florida law gives great deference to a person’s right to distribute their estate as they wish, there are specific circumstances in which a will can be contested. At Michael Greenwald, P.A. , we help residents of Broward County understand their legal options when a will raises concerns.

Who Can Challenge a Will in Florida?

In Florida, only an “interested person” has the legal standing to challenge a will. This typically includes:

Heirs-at-law (people who would inherit if there were no will)
Named beneficiaries in a current or prior will
Creditors in certain situations

The challenge must be brought after the will is submitted to probate, but within a limited timeframe—usually 90 days from receiving notice of administration (or 20 days if a formal notice of administration was received before probate begins).

Common Grounds for Contesting a Will

Florida law recognizes several legal grounds for challenging a will:

Lack of Testamentary Capacity
The person creating the will (the testator) must be of sound mind. If they did not understand the nature of their assets or the consequences of their decisions, the will may be invalid.

Undue Influence
If someone pressured or manipulated the testator into changing their will, it may be contested. Signs include a sudden change in beneficiaries or isolation from family.

Improper Execution
Florida has strict requirements for valid wills. The will must be in writing, signed by the testator, and witnessed by two people. Any failure to meet these requirements can render the will void.

Fraud or Forgery
If the will was signed under false pretenses or if someone else forged the signature, the document may not be enforceable.

Revocation
A will may be contested if there is evidence that the testator revoked the will before their death, such as by physically destroying it or creating a newer will.

The Process of Contesting a Will

Will contests are typically filed in probate court . Here’s how the process unfolds:

Filing a Petition: A formal complaint must be filed with the probate court detailing the grounds for the challenge.
Discovery: Both parties exchange documents, records, and witness statements to support their claims.
Court Hearing: If the case isn’t settled, it proceeds to a hearing where a judge will determine the will’s validity.
Outcome: If the court finds the will invalid, the estate may be distributed according to a previous will or Florida’s intestacy laws.

Talk to a Florida Probate Attorney

If you suspect a loved one’s will doesn’t reflect their true wishes, time is of the essence. At Michael Greenwald, P.A. , we assist clients throughout Broward County with will contests and other probate matters. Our legal team can help you understand your rights and protect your family’s legacy.

How to Avoid Probate in Florida

Wed, 09 Jul 2025 16:21:38 GMT

How to Avoid Probate in Florida

Probate can be a time-consuming and costly process for families in Florida, especially during a time of grief. At Michael Greenwald, P.A., we help Broward County residents take proactive legal steps to avoid probate and ensure that their assets are passed on efficiently and according to their wishes.

What Is Probate?

Probate is the court-supervised process of verifying a will and distributing a deceased person’s assets. It can take months or even years to complete, often involving legal fees, court costs, and public filings. For many Floridians, avoiding probate is a key goal in estate planning.

Strategies to Avoid Probate in Florida

There are several estate planning tools that can help you sidestep probate in Florida:

1. Revocable Living Trust

A revocable living trust allows you to transfer assets to a trust while you’re still alive. You maintain control over the trust and its assets during your lifetime. Upon your death, the named successor trustee distributes the assets without going through probate.

2. Joint Ownership with Right of Survivorship

If you own property jointly with another person (like a spouse), that property will automatically pass to the surviving owner upon your death. This is commonly used with real estate and bank accounts.

3. Payable-on-Death (POD) and Transfer-on-

Death (TOD) Designations

Bank accounts, retirement accounts, and investment accounts can have POD or TOD designations. These allow the assets to transfer directly to named beneficiaries without probate.

4. Lady Bird Deed (Enhanced Life Estate Deed)

This Florida-specific deed allows property owners to retain control of real estate during their lifetime and automatically transfer the property to beneficiaries upon death—without going through probate.

5. Gifting Assets During Your Lifetime

In some cases, making gifts during your lifetime can reduce the size of your estate and avoid probate. However, it’s important to consult with an attorney to ensure tax and Medicaid implications are considered.

Benefits of Avoiding Probate

Faster asset distribution to loved ones
Reduced legal and court costs
Increased privacy , as probate records are public
Less stress for surviving family members

Why Work with an Attorney?

While some estate planning tools may seem straightforward, the details matter. One mistake—like a missed signature or unclear beneficiary designation—can bring your estate right back into probate. At Michael Greenwald, P.A., we work with Broward County clients to build effective estate plans tailored to their goals and Florida law.

How to Protect Your Children from Inheritance Disputes in Florida

Mon, 16 Jun 2025 21:13:17 GMT

How to Protect Your Children from Inheritance Disputes in Florida

Inheritance disputes can strain or even destroy family relationships. In Florida, these issues often arise when estate plans are unclear, outdated, or nonexistent. For parents, ensuring your children receive what you intend—without conflict—is one of the most important goals of estate planning. At Michael Greenwald, P.A., we help families throughout Broward County take steps to minimize risk and protect their loved ones from future legal battles.

Why Inheritance Disputes Happen

Inheritance disputes often stem from ambiguity or surprise. Common reasons include:

No estate plan : Without a valid will or trust, the court distributes assets according to Florida’s intestacy laws.
Outdated documents : An old will may not reflect your current family dynamics or financial situation.
Unequal distributions : Leaving more to one child than another can trigger feelings of resentment.
Unclear instructions : Vague language in a will or trust can cause confusion or disagreement.

Steps to Prevent Disputes

1. Create a Clear and Legally Sound Estate Plan

A comprehensive estate plan is your strongest defense against disputes. This usually includes:

A last will and testament
A revocable living trust (especially useful for avoiding probate)
Powers of attorney and advance healthcare directives

Work with an attorney who understands Florida law to ensure everything is valid and enforceable.

2. Consider Using a Trust

Trusts are private and often avoid probate, which can reduce the chances of litigation. They also offer you greater control over when and how your assets are distributed. For example, you can delay distributions until children reach a certain age or tie them to milestones like graduation.

3. Communicate Your Wishes Clearly

While it may feel uncomfortable, talking with your children about your intentions can reduce confusion later. Explain any decisions that might be seen as controversial (like giving more to one child due to special needs or past assistance).

4. Update Your Plan Regularly

Life changes—such as divorce, remarriage, or the birth of new grandchildren—should prompt a review of your estate plan. Revisions ensure your documents reflect your current wishes and prevent outdated instructions from causing disputes.

5. Choose the Right Personal Representative or Trustee

Select someone responsible, impartial, and capable of handling your estate. Consider a professional fiduciary if you worry that appointing one child over another could spark conflict.

How Michael Greenwald, P.A. Can Help

Estate planning in Florida involves more than just paperwork—it requires foresight, legal insight, and a personal touch. At Michael Greenwald, P.A., we guide Broward County residents through the process with care and clarity. Whether you’re starting your estate plan or need to update an existing one, we’re here to help you protect your family’s future.

What Happens If You Die Without a Will in Florida?

Thu, 29 May 2025 14:35:35 GMT

Understanding the Consequences of Dying Intestate in Florida

Creating a will is one of the most important steps in protecting your loved ones and your legacy. Unfortunately, many people pass away without a will, a situation legally referred to as dying intestate. In Florida, this has serious legal and financial consequences, especially for your surviving family members. At Michael Greenwald, P.A. , we help individuals and families across Broward County navigate these complex situations and take proactive steps to secure their future.

Florida's Intestate Succession Laws

When someone dies without a will in Florida, the state's intestate succession laws dictate how their assets are distributed. This process is overseen by the probate court and follows a strict legal order of inheritance, which may not reflect the deceased person’s wishes.

Here’s how it typically works:

If you are married with no children: Your spouse inherits everything.
If you are married with children you share with your spouse: Your spouse still inherits everything.
If you have children from another relationship: Your spouse inherits half, and your children inherit the other half.
If you are unmarried with children: Your children inherit everything, divided equally.
If you have no spouse or children: Your parents inherit, followed by your siblings, and then more distant relatives if necessary.

This process can be especially problematic in blended families or in situations where someone intended to leave assets to a close friend, fiancé, or charity—none of whom are entitled to inherit under intestate laws.

Other Potential Issues

No Say Over Guardianship of Minor Children : Without a will, a court will decide who will care for your children if they are minors.
Delayed Distribution of Assets : The probate process may be longer and more complicated without a will, causing financial strain on loved ones.
Family Disputes : Intestate estates often lead to family conflict and legal challenges that might otherwise be avoided with a clearly written will.

Why Estate Planning Matters

Drafting a will not only gives you control over who inherits your property, but it also provides peace of mind that your family will be taken care of according to your wishes. A will allows you to:

Name a personal representative (executor) for your estate
Appoint a guardian for minor children
Make specific gifts or charitable donations
Minimize family disputes

How Michael Greenwald, P.A. Can Help

At Michael Greenwald, P.A. , we guide clients throughout Broward County through every stage of the estate planning process. Whether you're starting from scratch or need help updating an existing plan, we can ensure your wishes are honored and your loved ones are protected. Don’t wait for the courts to decide what happens to your family and your property.

How Long Does the Probate Process Take in Florida?

Sun, 09 Mar 2025 16:00:00 GMT

How Long Does the Probate Process Take in Florida?

The probate process is an essential step in settling the estate of a deceased individual, ensuring their debts are paid and assets are distributed to the rightful beneficiaries. In Florida, the duration of probate can vary widely depending on the size and complexity of the estate. At Michael Greenwald, P.A. , we assist the Broward County public in navigating the probate process efficiently and effectively.

Factors That Affect the Length of Probate

Type of Probate :

Summary Administration : This simplified process applies to estates valued at less than $75,000 (excluding exempt property) or if the decedent has been deceased for more than two years. Summary administration typically takes 3 to 6 months .
Formal Administration : Required for larger or more complex estates, this process involves more steps and can take 6 months to over a year to complete.

Complexity of the Estate :

Estates with numerous assets, business interests, or properties in multiple jurisdictions require additional time for valuation, documentation, and distribution.

Resolution of Debts and Claims :

Creditors have up to 90 days to file claims after being notified of the probate process. Resolving disputes or negotiating settlements can extend the timeline.

Will Contests :

If the validity of the will is contested, the probate process can be delayed significantly while the court resolves the dispute.

Availability of Required Documents :

Missing or incomplete documentation, such as property deeds or account statements, can slow down the process.

Court Caseload :

The efficiency of the local probate court can also impact the timeline. Some courts experience backlogs, leading to longer processing times.

Steps in the Probate Process

Filing the Will :

The probate process begins when the will is filed with the court, along with a petition to open probate.

Appointment of a Personal Representative :

The court appoints a personal representative (executor) to manage the estate’s administration.

Notification of Beneficiaries and Creditors :

The personal representative notifies beneficiaries and creditors, allowing creditors to file claims against the estate.

Inventory of Assets :

The personal representative identifies, values, and secures all estate assets.

Payment of Debts and Taxes :

The estate’s debts and taxes are paid before any distributions are made to beneficiaries.

Distribution of Assets :

Once all debts are settled, the remaining assets are distributed to the beneficiaries according to the will or Florida’s intestacy laws (if there is no will).

How Michael Greenwald, P.A. Can Help

Navigating the probate process can be overwhelming, especially during a time of grief. At Michael Greenwald, P.A. , we provide compassionate and experienced legal assistance to Broward County residents, ensuring the process is handled with care and efficiency.

If you’re dealing with probate matters in Florida, contact us today for a consultation. Let us guide you through this complex process and help you achieve a smooth resolution for your loved one’s estate.

What Are the Documents Required to Create a Will in Florida?

Sun, 09 Feb 2025 16:45:00 GMT

What Are the Documents Required to Create a Will in Florida?

Creating a will is an essential step in ensuring that your assets are distributed according to your wishes and that your loved ones are cared for after your passing. In Florida, specific requirements and documents are necessary to draft a valid will. At Michael Greenwald, P.A. , we provide comprehensive estate planning services to help the Broward County public create legally sound wills that reflect their intentions.

Essential Documents for Creating a Will in Florida

Personal Identification :

A valid government-issued ID, such as a driver’s license or passport, to verify your identity when signing the will.

List of Assets :

A detailed inventory of your assets, including:
Real estate properties.
Bank accounts.
Investments (stocks, bonds, or mutual funds).
Retirement accounts (IRA, 401(k)).
Personal belongings, such as jewelry or vehicles.
Providing this information ensures that all your assets are accounted for in your will.

List of Beneficiaries :

Names and contact information of the individuals or organizations (such as charities) who will inherit your assets.

Designation of Guardians (if applicable):

If you have minor children, specify who will serve as their legal guardian in the event of your passing.

Executor Information :

The name and contact information of the person you trust to carry out the terms of your will, also known as the personal representative in Florida.

Funeral Instructions (optional):

Any specific requests for your funeral or burial arrangements, if you wish to include them.

Proof of Ownership for Assets :

Relevant documents to prove ownership, such as property deeds, vehicle titles, and account statements.

Witness Information :

Florida law requires two witnesses to be present when the will is signed. They must be competent adults who are not beneficiaries of the will.

Self-Proving Affidavit :

A notarized document that verifies the validity of your will, making it easier to execute without additional court hearings.

Legal Requirements for a Valid Will in Florida

To ensure your will is legally binding in Florida:

You must be at least 18 years old and of sound mind when creating the will.
The will must be signed in the presence of two witnesses, who must also sign the document in your presence.
Although not required, having the will notarized can streamline the probate process.

How Michael Greenwald, P.A. Can Help

Drafting a will can be a complex process, but with the right legal guidance, you can ensure your wishes are honored and your loved ones are protected. At Michael Greenwald, P.A. , we assist Broward County residents with creating wills tailored to their unique needs and circumstances.

If you’re ready to take control of your estate planning, contact us today for a consultation. Let us help you safeguard your legacy and provide peace of mind for the future.

What Is a Special Needs Trust and When Do I Need One?

Wed, 08 Jan 2025 16:40:31 GMT

What Is a Special Needs Trust and When Do I Need One?

A Special Needs Trust (SNT) is a powerful estate planning tool designed to provide financial support to individuals with disabilities while protecting their eligibility for government benefits such as Medicaid or Supplemental Security Income (SSI). At Michael Greenwald, P.A. , we assist the Broward County public in creating and managing Special Needs Trusts to secure a better quality of life for their loved ones with disabilities.

What Is a Special Needs Trust?

A Special Needs Trust is a legal arrangement that allows assets to be set aside for the benefit of a person with disabilities without jeopardizing their eligibility for means-tested government programs. Funds from the trust can be used for a variety of purposes, including:

Medical expenses not covered by insurance.
Education and vocational training.
Personal care services.
Transportation and travel.
Recreational activities.

Types of Special Needs Trusts

First-Party Special Needs Trust :

Funded with the disabled individual’s own assets, such as an inheritance or settlement from a personal injury lawsuit.
Must comply with Medicaid payback rules, meaning any remaining funds in the trust after the beneficiary's death may be used to reimburse Medicaid for expenses paid on their behalf.

Third-Party Special Needs Trust :

Funded by someone other than the beneficiary, such as a parent or grandparent.
Assets in this trust are not subject to Medicaid payback, making it a preferred option for family members planning for a loved one’s future.

Pooled Special Needs Trust :

Managed by a nonprofit organization and combines assets from multiple beneficiaries while keeping individual accounts.
Suitable for individuals with smaller amounts of money to fund the trust.

When Do You Need a Special Needs Trust?

You may need a Special Needs Trust in the following situations:

Planning for a Child with Disabilities :

If you want to ensure your child with special needs is cared for financially without affecting their eligibility for critical government benefits.

Receiving a Lump Sum :

If an individual with disabilities is about to receive an inheritance, settlement, or other significant assets, creating a trust can shield these funds from impacting benefits.

Providing Lifetime Support :

A Special Needs Trust ensures that the beneficiary will have financial resources for their lifetime, even after the death of the trust’s creator.

Avoiding Disqualifications :

Without a Special Needs Trust, assets left directly to a person with disabilities could disqualify them from receiving benefits like Medicaid or SSI.

How Michael Greenwald, P.A. Can Help

Creating a Special Needs Trust involves careful planning and legal expertise to comply with complex state and federal laws. At Michael Greenwald, P.A. , we work closely with families in Broward County to design customized trusts that meet their unique needs and provide peace of mind.

If you’re considering a Special Needs Trust, contact us today for a consultation. Let us help you protect your loved one’s future while preserving their access to essential benefits.

michael-greenwald

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Protecting Your Legacy and Family

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