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Estate Planning FAQs in Florida

Estate planning is the process of legally protecting your assets and making sure they go to the right people after you pass away. It also ensures someone you trust can make medical and financial decisions for you if you become unable to do so. Without an estate plan, the state of Florida decides what happens to your property and finances.

will outlines who gets your assets after you pass, but it must go through probate court, which can be time-consuming and expensive. A trust helps you avoid probate, meaning your loved ones receive their inheritance faster and with fewer legal hurdles.

To avoid probate, you can use a revocable living trust, a Lady Bird Deed, joint ownership of property, or payable-on-death (POD) accounts. These tools help transfer assets automatically without court involvement.

If you die without a will, Florida’s intestate succession laws decide who inherits your property. Typically, assets go to your spouse and children, but if you have none, they pass to your closest relatives. The court controls the process, which can lead to delays and disputes.

power of attorney (POA) allows someone you trust to handle your finances, pay bills, and make legal decisions if you become incapacitated. Without one, your family may have to go to court to gain control over your affairs.

You should review your estate plan every 3-5 years or after major life changes like marriage, divorce, having children, or moving to a new state. Laws change, and your estate plan should reflect your current wishes.

While Florida allows handwritten or online wills, DIY wills often contain mistakes that make them invalid. An estate planning attorney ensures your will meets all legal requirements and minimizes the chances of disputes.

revocable trust does not protect assets from creditors, but an irrevocable trust can. Certain Florida laws, such as homestead exemptions, also protect your primary residence from creditors.

Yes! Estate planning is not just for the wealthy. It ensures your wishes are followed, prevents family conflicts, and protects minor children by naming guardians.

Costs vary depending on the complexity of your plan. A basic will might cost a few hundred dollars, while a comprehensive estate plan with trusts could cost more. However, a well-structured estate plan can save your family thousands of dollars in probate fees and legal costs

Medicaid Planning FAQs in Florida

Medicaid planning helps individuals qualify for Medicaid benefits while legally protecting their assets. Nursing home care in Florida can cost over $9,500 per month, and Medicaid is one of the only programs that can cover these expenses.

No, Medicaid has a five-year look-back period, meaning any gifts or transfers made within five years of applying may result in a penalty and delay your benefits. However, there are legal ways to protect assets with proper planning.

To avoid probate, you can use a revocable living trust, a Lady Bird Deed, joint ownership of property, or payable-on-death (POD) accounts. These tools help transfer assets automatically without court involvement.

Florida’s homestead exemption protects your primary residence while you are alive, but Medicaid can try to recover costs after your death. A Lady Bird Deed or Medicaid Asset Protection Trust can help prevent this.

Yes, Florida allows a Community Spouse Resource Allowance, which lets the healthy spouse keep a portion of assets while the other spouse receives Medicaid benefits.

Qualified Income Trust (Miller Trust) helps applicants reduce their countable income if they exceed Medicaid’s income limits. It allows them to qualify for benefits while using their income for care costs.

Yes, Medicaid’s Long-Term Care Waiver Program covers some assisted living costs, but there may be waiting lists and eligibility requirements.

An attorney can help structure your assets legally, use tools like trusts and annuities, and ensure you qualify for Medicaid without unnecessary penalties.

Ideally, Medicaid planning should begin at least five years before you need long-term care, but even last-minute planning can help protect assets.

Without planning, you may have to spend down your assets before qualifying for Medicaid, leaving your spouse or heirs with little financial security. Proper Medicaid planning helps you receive care while protecting your estate.

Probate FAQs in Florida

Probate is the legal process of settling a deceased person’s estate by paying debts, handling assets, and distributing property to heirs. If the deceased had a will, probate ensures that their wishes are followed. If there was no will, Florida law determines how the estate is distributed.

Probate timelines vary, but in Florida, the process typically takes 6 to 12 months for simple cases. If there are disputes, missing documents, or creditor claims, it could take a year or longer.

Not necessarily. Smaller estates (under $75,000) may qualify for Summary Administration, which is faster. If assets are in a trust, jointly owned, or have named beneficiaries, they may avoid probate altogether.

Probate costs depend on the estate size but typically include:

  • Court filing fees (around $400)
  • Attorney fees (based on estate value or hourly rates)
  • Personal representative fees

Larger estates can cost thousands of dollars in probate fees.

Yes, probate can be avoided by using living trusts, Lady Bird Deeds, joint ownership, and payable-on-death (POD) accounts. These tools ensure assets pass directly to heirs without court involvement.

The personal representative (executor) is responsible for handling probate. If there’s a will, the deceased usually names this person. If there’s no will, the court appoints someone, usually a spouse or adult child.

During probate, creditors must be paid first, including:

  • Medical bills
  • Funeral expenses
  • Credit card debts
  • Taxes

After debts are settled, remaining assets are distributed to heirs.

Yes, but only for valid legal reasons, such as:

  • Fraud or forgery
  • Lack of mental capacity when signing the will
  • Undue influence (someone pressured the deceased into changing the will)

Challenges must be filed within a certain time after probate begins.

If there’s no will, Florida intestacy laws determine who inherits. Typically, assets go to spouses, children, and other close relatives. If there are no living relatives, the state may take the estate.

A probate attorney handles all legal filings, deadlines, and disputes, ensuring everything runs smoothly. Without legal guidance, probate can become complicated and take much longer.

Guardianship FAQs in Florida

Guardianship is a court-supervised process where a responsible person (the guardian) is legally appointed to make financial, medical, and personal decisions for someone who cannot care for themselves due to age, disability, or illness.

Guardianship is usually required when someone:

  • Has dementia or Alzheimer’s and can’t make sound decisions
  • Has special needs and needs help managing finances or medical care
  • Is a minor child without parents to care for them

A petition must be filed in court, and a judge will determine if the person is legally incapacitated. If approved, the court appoints a guardian and outlines their responsibilities.

Yes! Having a power of attorney and advance directives can allow someone to make decisions for you without requiring court-ordered guardianship.

Guardians are usually:

  • Spouses, adult children, or close relatives
  • Professional guardians if no family member is available

The court requires guardians to pass background checks and training.

Guardianship lasts until the court determines it is no longer necessary. If the person regains capacity, guardianship can be terminated.

A guardian must:

  • Manage finances and property
  • Make medical decisions
  • File reports with the court
  • Ensure the person’s well-being

Yes, family members can challenge guardianship if they believe it is unnecessary or if they suspect the guardian is not acting in the best interest of the person.

Not always. The court decides which rights the person keeps or loses based on their ability to make decisions.

An attorney can help petition for guardianship, defend against unnecessary guardianship, or ensure the guardian is fulfilling their duties legally.

VA Benefits FAQs

VA benefits provide financial assistance, healthcare, and disability compensation to veterans and their families for service-related conditions.

Veterans must have:

  • Served in the military
  • A service-connected disability
  • Medical records proving the condition

Veterans can apply online at VA.gov, by mail, or through a VA-accredited attorney to avoid common mistakes.

The process can take several months, depending on medical evidence and backlog.

Common conditions include:

  • PTSD
  • Hearing loss
  • Gulf War illness
  • Agent Orange-related cancers

Yes! Veterans can appeal denied claims through a higher-level review, supplemental claim, or Board of Veterans’ Appeals.

VA compensation depends on your disability rating (10%-100%), with higher ratings receiving larger monthly payments.

Yes, surviving spouses may qualify for Dependency and Indemnity Compensation (DIC) if the veteran’s death was service-related.

The PACT Act expands VA benefits for veterans exposed to burn pits, Agent Orange, and toxic substances.

An attorney ensures your VA claim is filed correctly, appeals denied claims, and helps secure the highest disability rating possible.

Special Needs Planning FAQs in Florida

It helps parents and guardians plan financially and legally for a child or adult with disabilities.

A trust that protects assets for a person with disabilities without affecting their government benefits like Medicaid or SSI.

It allows disabled individuals to receive financial support without losing benefits.

Yes, but choosing a professional trustee ensures proper fund management.

The disabled person may lose Medicaid or SSI eligibility, causing financial hardship.

Yes, life insurance proceeds can fund a trust without affecting benefits.

SSI and Medicaid have strict asset limits, which a special needs trust can help avoid.

An ABLE account allows limited savings for daily expenses, while a trust holds larger amounts for long-term needs.

Yes! Planning early ensures protection for life.

An attorney helps set up trusts, protect benefits, and create financial security for a loved one’s future.

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Sherrie Lim

Client Services Coordinator

Sherrie Ann Lim brings over twelve years of customer service experience and a strong background in team leadership and client support. Although she holds a Bachelor of Science degree in Physical Therapy, her career path led her to the dynamic world of the contact center industry, where she discovered a deep passion for service, communication, and operational excellence. 

Sherrie is known for her perseverance, enthusiasm, and confident sense of responsibility. She consistently delivers high-quality results, efficiently managing tasks while remaining flexible to the evolving needs of her clients. Her commitment to continuous improvement and excellence positions her as a trusted ally for businesses seeking proactive and reliable virtual support. 

Drawing from her college background, Sherrie has a deeper understanding of the physical and emotional needs associated with aging, making her especially attuned to the importance of compassionate and informed care for the elderly. She recognizes that elder care isn’t just about physical support, it also involves emotional presence, patience, and clear communication. Her strong appreciation for family ties fuels her commitment to helping clients manage the intricacies of elder care with empathy and attentiveness, ensuring that elderly loved ones feel respected, safe, and truly cared for. 

 

She loves taking care of her family during her rest days and free time, finding joy in the simple yet meaningful routines of home life. Whether it’s preparing home-cooked meals, baking sweet treats for her kids, or tackling household projects, Sherrie finds fulfillment in creating a nurturing and organized environment for her family. Whenever time and opportunity allow, she also enjoys traveling with her family, exploring new places, creating lasting memories, and embracing experiences that strengthen their bond and bring joy into their lives. 

Fun Fact: Sherrie’s two kids were born on the exact same date—two years apart! 

May Cruz

Client Services Coordinator

May began her community service career with the Philippine Department of Health as a Computer Operator, providing vital technical support to healthcare workers across island provinces and helping to bridge technology gaps in remote medical settings. Her commitment to service extended beyond her official duties—she also volunteered in medical missions, assisting indigenous communities and contributing to the delivery of essential healthcare with empathy and cultural sensitivity. 

Continuing her dedication to public service, May later worked at a law firm as a Disability Service Coordinator, assisting military veterans in navigating disability services. She brought empathy, compassion, and heart to the role, ensuring that each veteran felt heard, respected, and supported throughout the process. 

With a unique blend of technical expertise and human-centered care, May remains deeply committed to using her skills to uplift underserved and vulnerable communities. 

Fun Fact: Despite not knowing how to swim, May is a certified open water diver. Her adventurous spirit and determination push her beyond her comfort zone—both in life and under the sea.