Lins Law Group, P.A.

Understanding ancillary probate in Florida

2026-06-25T08:46:28Z

Handling the final affairs of a loved one is already a difficult journey, but it gets even more complicated when they own property in another state. If your family member lived outside of Florida but owned property here, their local home-state court does not have the power to handle those assets. To safely transfer or sell this property, you must go through a secondary legal process in Florida known as ancillary probate.

Ancillary probate: When is it needed?

A court in another state simply does not have the legal authority to change property deeds or land titles in Florida. Because of this geographic boundary, you must open a parallel probate case in the specific Florida county where the property sits. This extra step is usually required if your loved one was the sole owner for items and properties in the state. This includes any kind of real estate, like a retirement condo, a vacation home or a timeshare. It also includes physical items that are in the state, like a car, a boat or heavy equipment. Simply put, if their name was the only one on the deed or title, Florida law won't let anyone touch those assets until you go through their local court. This legal requirement applies whether your loved one left behind a valid will or died without one. Until a Florida probate court reviews the out-of-state paperwork and officially approves the transfer, the assets are essentially frozen. This means heirs cannot sell the property, sign over titles or use those assets to pay off any remaining estate debts.

Managing out-of-state estate assets

Settling property across state lines can easily feel overwhelming, but a clear strategy may help you keep the process moving. Prioritizing open communication with your family and identifying all Florida-based assets early on are crucial ways to prevent unnecessary legal delays. Taking these steps encourages a much simpler transition, allowing you to honor your loved one's wishes and fully protect your family's wealth.

Lady Bird deed: Do you need to draft one in Florida?

2026-06-03T13:36:17Z

Your home in Florida houses fond memories of your family. However, one of your worries is securing your home in the event you pass away. You may have heard of Lady Bird deed, which is an estate planning tool in Florida. Also known as an enhanced life estate deed, this document allows you to transfer real estate to a named beneficiary automatically upon your death.

The benefits of creating a Lady Bird deed

You may want to draft a Lady Bird deed for the benefits it offers:

A house title transfer can bypass probate, transferring ownership to the named beneficiary after your death.
You can sell, rent or mortgage the property whenever you want while you are alive without asking the beneficiary for permission.
The state cannot place a lien on your home because the transfer of ownership occurred outside of probate.
A Lady Bird deed maintains your homestead benefits.

While the benefits are clear, a Lady Bird deed may not apply to your family. For instance, if you name all your children on the deed, it can trigger family disputes over whether to sell or keep the house. Moreover, if your named beneficiary passes away before you, the property may become part of the probate system upon your death. If you have complex family dynamics, you still have other options available to you. Strategies like setting up a living trust may fit your needs.

Utilize legal assistance to further understand your estate

Before you consider a Lady Bird deed, seeking guidance on estate planning matters is wise. An experienced attorney can review your estate circumstances and offer options that address your concerns.

Role of trusts in an estate plan

2026-05-12T17:11:42Z

Estate plans serve several purposes. They outline a person’s wishes for medical care and financial decisions if they become incapacitated. They also provide a plan for what will happen to the creator’s assets when they pass away. In some cases, a person can handle the asset allocation through their will, but that’s not always the case. Some people opt to use trusts to pass assets to their beneficiaries. Understanding how trusts work may be beneficial for anyone creating an estate plan.

What is a trust?

A trust is a legal tool that allows the creator to set specific guidelines for the distribution of assets held within the trust. One of the primary benefits of establishing a trust is that the assets in it are distributed without going through the probate process, which means that they will get their inheritance faster and with less expense. It also gives them a measure of privacy since the terms of the trust aren’t entered into the court’s public records. All trusts are either revocable or irrevocable. A revocable trust can be changed or cancelled as the creator sees fit, but it doesn’t have as many protections as an irrevocable trust. An irrevocable trust is one that can’t be changed unless the beneficiaries or court agree to the changes. Once the irrevocable trust is established, the contents of the trust transfer to the trust’s control. The creator of the trust relinquishes control of the trust to the trustee. Since the creator doesn’t control the trust, the contents of the trust are protected from creditor claims. This makes an irrevocable trust a valuable option for people who are concerned about wealth perseveration, particularly if they have a high-risk occupation that’s prone to lawsuits. A trust is only part of a comprehensive estate plan, so it’s critical that anyone creating an estate plan considers the full picture. Working with someone who can assist with getting everything set in a legally enforceable manner is beneficial for people in this position.

Can a valid Durable Power of Attorney be enforced in Florida?

2026-03-12T20:24:15Z

Consider the following scenario: you have a Durable Power of Attorney (“DPOA”) which was validly executed by your elderly mother two years ago. Your mother needs assistance with her banking so you take the DPOA to her local branch. Upon requesting that you be added as a signatory on Mom’s checking account, the bank refuses. This presents a difficult situation because Mom needs help using that account to pay her bills. Can the bank be forced to honor the DPOA? The answer in most cases is “yes.” Florida has a statutory provision that addresses such a situation. Section 709.2120, Fla. Stat. entitled “Rejecting power of attorney” provides that:

(1) A third person must accept or reject a power of attorney within a reasonable time. Four days, excluding Saturdays, Sundays, and legal holidays, are presumed to be a reasonable time for a financial institution or broker-dealer to accept or reject a power of attorney with respect to:

(a) A banking transaction, if the power of attorney expressly contains authority to conduct banking transactions pursuant to s. 709.2208(1); or

(b) An investment transaction, if the power of attorney expressly contains authority to conduct investment transactions pursuant to s. 709.2208(2).

(2) A third person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented.

(3) A third person who rejects a power of attorney for any reason other than as provided in paragraph (4)(a) must state in writing the reason for the rejection.

(4) A third person is not required to accept a power of attorney if:

(a) The third person is not otherwise required to engage in a transaction with the principal in the same circumstances;

(b) The third person has knowledge of the termination or suspension of the agent’s authority or of the power of attorney before exercising the power;

(c) A timely request by the third person for an affidavit, English translation, opinion of counsel, or electronic journal or record under s. 709.2119 is refused by the agent;

(d) The power of attorney is witnessed or notarized remotely through the use of online witnesses or notarization, and either the agent is unable to produce the electronic journal or record, or the notary public did not maintain an electronic journal or record of the notarization;

(e) Except as provided in paragraph (b), the third person believes in good faith that the power is not valid or that the agent does not have authority to perform the act requested; or

(f) The third person makes, or has knowledge that another person has made, a report to the local adult protective services office stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent.

So, if all criteria are met in favor of the DPOA, what if the financial institution or bank still rejects it? In that instance, legal action can be taken seeking:

A court order mandating acceptance of the DPOA; and
Liability for damages, including reasonable attorney fees and costs, incurred in any action or proceeding that confirms, for the purpose tendered, the validity of the DPOA or mandates acceptance of the DPOA.

If you have a situation where a DPOA has not been honored, consult an attorney. In all likelihood, having the attorney send a demand letter to the financial institution may get results. If not, then it sets the scene for filing a lawsuit against the party refusing to honor the DPOA. A financial institution or bank will not want to risk paying damages and attorney’s fees as a result of their refusal.

Private Beneficiary Agreements

2026-02-10T15:56:02Z

When a Last Will and Testament devises a person’s assets in a certain way, can the Personal Representative and beneficiaries follow a different distribution plan? In simple terms, the Personal Representative must distribute the estate assets as provided in the Will or according to intestacy law, whichever is applicable. However, Florida law provides one notable exception. If all interested persons (such as all beneficiaries) agree in writing, then a distribution plan as agreed in that writing can control. For the purposes of such a private agreement, “interested persons” is defined as persons whose interest would be affected by a settlement agreement. Beneficiaries certainly fall within that scope. The foregoing concept of a private agreement is set forth in Section 733.815, Fla. Stat. This statutory section, titled as “Private contracts among interested persons,” provides as follows: Subject to the rights of creditors and taxing authorities, interested persons may agree among themselves to alter the interests, shares, or amounts to which they are entitled in a written contract executed by them. The personal representative shall abide by the terms of the contract, subject to the personal representative’s obligation to administer the estate for the benefit of interested persons who are not parties to the contract, and to pay costs of administration. Trustees of a testamentary trust are interested persons for the purposes of this section. Nothing in this section relieves trustees of any duties owed to beneficiaries of trusts. Section 733.815, Fla. Stat. An example can demonstrate how this works. Let’s say that Robert Brown dies having left a Last Will and Testament which devised his estate as follows: Thomas Brown (my son) 40% Susan Brown (my daughter) 40% Robert Brown Jr. (my son) 20% However, Thomas and Susan do not feel it is fair for Robert Jr. to receive only 20%. As a result, they have an attorney prepare a “Private Beneficiary Agreement” in which they all agree that they will each receive an equal share. So long as they all agree, this agreement is binding and must be followed by the Personal Representative.

Are Premarital (Prenuptial) Agreements Enforceable in Florida?

2026-02-03T20:57:46Z

A Premarital Agreement, also sometimes known as a Prenuptial Agreement, is an agreement or contract entered into by a couple who intend to marry. The purpose of the agreement is to set forth the couple’s intentions regarding certain rights after the parties are married. In particular, the agreement addresses issues in the event the couple seeks to divorce or if one of the parties dies. A frequently asked question is whether these types of agreements are enforceable in Florida. The answer is a clear “yes” so long as the agreement is consistent with Florida’s “Uniform Premarital Agreement Act” set forth at Section 61.079, Fla. Stat. Section 61.079 provides that to be enforceable, the agreement must be in writing and signed by both parties. The statute sets forth the matters to which the parties may contract in the Premarital Agreement. Specifically, Section 61.079(4)(a), Fla. Stat. provides the following as matters to be addressed: 1. The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located; 2. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property; 3. The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event; 4. The establishment, modification, waiver, or elimination of spousal support; 5. The making of a will, trust, or other arrangement to carry out the provisions of the agreement; 6. The ownership rights in and disposition of the death benefit from a life insurance policy; 7. The choice of law governing the construction of the agreement; and 8. Any other matter, including their personal rights and obligations, not in violation of either the public policy of this state or a law imposing a criminal penalty. Entering into a Premarital Agreement presents challenging legal issues which should be addressed by a licensed attorney. It is not advisable to enter into a Premarital Agreement without the advice of experienced legal counsel.

What is probate in Florida?

2026-02-03T15:17:28Z

In Florida, probate is the court administered process through which a deceased person’s Estate is administered. In layman’s terms, probate is one of the means through which a person’s final affairs are resolved after his or her death. In probate, various matters are addressed. These include matters such as gathering of Estate assets, payment of creditors, filing and payment of any unpaid taxes, determination of beneficiaries, and distribution of a deceased person’s assets. In Florida, there are two types of probate: Summary Administration and Formal Administration. Summary Administration applies to estates of less than $75,000 (not including exempt assets such as a homestead). Formal Administration applies to Estates valued at more than $75,000. The determination of whether an Estate requires a Summary Administration or a Formal Administration should be made with the advice of an experienced Florida probate attorney.

Florida probate concerns: What executors need to know

2026-01-05T18:30:25Z

Florida probate can be understandably confusing for first-time executors, especially because the state has specific rules that differ from those of many others. Executors—called personal representatives in Florida—have important legal duties that must be handled carefully to avoid delays, disputes and a heightened risk of incurring personal liability. Thankfully, working with a skilled legal team can help the personal representative navigate the estate administration process with greater confidence and avoid mistakes that could harm the estate, beneficiaries and their own interests.

Moving forward in informed ways

Determining which type of probate applies to a given situation is usually where executors need to begin. Florida law offers formal administration for larger or more complex estates and summary administration for certain smaller estates. Choosing the correct process matters because it affects timelines, filing requirements and court involvement. Most estates with real property or substantial assets proceed through formal administration, which requires more active oversight from an estate’s personal representative. Once appointed or otherwise confirmed, a personal representative generally must locate and secure all estate assets. This includes real estate, bank accounts, vehicles, investments and personal belongings. They must also notify creditors and publish required notices so that claims can be filed within the statutory period. Florida’s creditor process is strict, and missing deadlines may expose an estate and/or its personal representative to financial risk. Another major responsibility involves paying valid debts and expenses before distributing assets. A personal representative must review creditor claims, determine which are legitimate and object to any that appear improper. Taxes, final medical bills and funeral expenses must be handled carefully. Florida law prioritizes certain claims, and paying them in the wrong order can inspire potentially actionable chaos. As the process evolves, beneficiaries must receive updates, inventories and accountings. Ultimately, clear explanations about the estate’s assets, debts and timelines can prevent misunderstandings and reduce the likelihood of challenges. Personal representatives must also handle real property issues unique to Florida, such as homestead protections. Homestead property receives special treatment, and incorrect handling can delay administration or affect creditor rights. Because probate can be complex, many personal representatives choose to work with estate law firms to better ensure compliance, prepare filings and resolve disputes. In many cases, payment for these services may come from the estate itself.

What are your New Year’s resolutions for your estate plan?

2026-01-02T18:28:04Z

The start of a new year often inspires a renewed focus on one’s personal priorities. Estate planning is an area of concern that many people intend to address “someday” but ultimately postpone. Asking yourself what your estate planning New Year’s resolutions should be can be the first step toward protecting your family, your assets and your wishes. For example, you might benefit from resolving to finally create an estate plan if you do not already have one in place. Without basic documents such as a will, powers of attorney and health care directives in place, important decisions may be left to the court or governed by default laws that do not reflect your values and desires. Creating a plan now can empower you to provide clear instructions for whenever your estate plan becomes an urgent concern for your loved ones. Alternatively, you may benefit from reviewing and updating your existing documents. Life rarely remains steady from year to year. Marriage, divorce, births, deaths, business growth, retirement and/or relocation can all affect how an estate plan should function. Even if no major life event has occurred recently, changes in laws or asset values may warrant adjustments. An outdated plan may inspire confusion or unintended outcomes, even if it was well-drafted.

Beyond the bare minimum

Naming and confirming beneficiaries is another area of concern that may warrant “a resolution for the coming year” treatment. Retirement accounts, life insurance policies and payable-on-death accounts often pass outside of a will or trust. If beneficiary designations are outdated or inconsistent with the rest of your plan, assets may go to the wrong people. Making this review a New Year’s resolution can help to prevent related disputes and delays, should something happen to you before the next New Year dawns. Many people also resolve to more effectively organize information for loved ones. Creating a clear list of assets, accounts, digital access and professional contacts can be a gift to family members who may need to step in during an emergency or after death. Good organization helps reduce confusion and can more effectively allow your estate plan to function as intended. Estate planning New Year’s resolutions are about taking control rather than avoiding difficult topics. Working with an experienced estate planning legal team can help transform good intentions into effective, legally sound plans.

Who inherits your crypto if you don’t leave instructions?

2025-10-28T14:19:36Z

If you die without leaving access details for your crypto, no one can recover it. The blockchain ignores court orders, and without your wallet keys, even your executor can’t unlock your funds. Many people assume their crypto automatically becomes part of their estate, but it doesn’t work that way. Here’s what really happens when you don’t plan for your digital assets.

How crypto inheritance actually works

When you fail to share your private keys or wallet recovery phrases, your crypto disappears from reach. In Florida and across the U.S., digital currency counts as property, but without those details, you lock the door and throw away the key. Your personal representative can manage your estate only when you give them the tools to do it. The value may sit on the blockchain, but you decide whether someone can actually access it.

Why you need to plan for digital assets

Crypto doesn’t appear on bank statements or in property deeds, so most people overlook it when writing a will or trust. You bring it into your estate only when you identify it clearly and authorize someone to manage it. The Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) lets fiduciaries handle digital property only when you give written consent. Without that consent, even your closest family members lose access to your online accounts. Including crypto in your estate plan protects what you’ve earned and keeps it from slipping away in the confusion of probate.

Practical ways to secure your crypto for loved ones

Start by listing your wallets, exchanges and recovery methods, then store that information safely. Use encrypted password managers, offline storage or sealed instructions with your attorney. Tell your executor or trustee where to find that file and who has permission to open it. When you organize your digital assets now, you make inheritance easier and prevent your crypto from vanishing into the blockchain void.

Turning digital wealth into a real legacy

Planning for crypto means protecting your family, not just your money. You’ve built something valuable, and with the right legal help, you can make sure it doesn’t disappear after you’re gone. Talk to an estate planning attorney who understands digital assets so you can create clear instructions, preserve access and pass down what you’ve earned to the people meant to receive it. Taking time to plan now brings peace of mind knowing the people you care about will benefit from what you’ve worked hard to build.