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Estate planning attorney Sarasota

How Florida Probate Law Expands Court Authority to Appoint Curators of Estates

By Estate Planning, Probate

Effective July 1, 2026, Florida probate courts are allowed more flexibility when appointing curators. Curators are court-appointed fiduciaries who serve to temporarily protect or manage estate property during the time when no personal representative has been appointed. They may also manage estate property when the personal representative appointed cannot continue serving or must be replaced.

The new law empowers probate courts to:

  • Appoint a curator at any time, with notice to interested persons as the court considers appropriate.
  • Appoint a curator without prior notice when there is a significant risk that estate assets may be wasted, destroyed, concealed, or removed from the court’s jurisdiction and providing notice would delay the appointment.
  • Appoint a curator in other appropriate circumstances when necessary to protect the estate or preserve the rights of the decedent’s heirs.

These 2026 Florida probate law changes give the courts greater flexibility in protecting estates during the probate process, especially during times when immediate action is necessary or prior to a personal representative being appointed. This expansion in authority ensures the security of the estate assets during the progression of the administration of the estate.

If you are seeking to administer an estate in Florida, contact the attorneys at Bach, Jacobs, & Byrne, P.A. at (941) 906-1231.

August 7, 2026
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Florida Expands Disposition Without Administration for certain Intestate Estates

By Estate Planning

There is a separate procedure in cases where the decedent died without a last will & testament and the probate estate is small. This is occasionally referred to as the disposition of intestate property without administration. As of 2026, the amount of nonexempt personal property has been increased from $10,000 to $20,000.

A disposition without administration may be available if the decedent:

  • Died without a valid will (intestate);
  • Left only qualifying exempt personal property and no more than $20,000 in nonexempt personal property;
  • Has been deceased for more than one year; and
  • Does not have a pending probate administration in Florida.

Eligibility may also be determined by the allowable amount of certain preferred funeral expenses as well as reasonable and necessary medical and hospital fees incurred during the last 60 days of the decedent’s final illness, as permitted by Florida law.

Our law firm advises and represents personal representatives and trustees regarding the settlement of trusts and estates. Call the law office of Bach, Jacobs, & Byrne, P.A. at (941) 906-1231 to schedule a consultation.

July 31, 2026
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My Dead Relative Received a Stimulus Check. Can I keep it?

By Government Benefits, Probate

There have been a number of glitches in sending stimulus payments to Americans under the recently enacted CARES Act, including sending stimulus payments, which are intended to ease the financial stress caused by the Coronavirus, to dead people. Initially, this issue left many unanswered questions for the relatives of the deceased. What should I do with the money? Do I get to keep it? Should it be deposited into an estate account? Should I send it back? However, now, the IRS has issued specific guidance on what to do if you receive a stimulus check for a deceased person.

According to the recently released guidance, the IRS says that a stimulus payment made to someone who died before receiving  should be returned to the government. If the payment was made to a single filer, the entire payment should be returned. If the payment was made to joint filers, and one spouse had not died before the receipt of the payment, only the portion of the payment made on account of the decedent should be returned. This amount will be $1,200.00, unless the joint adjusted gross income exceeded $150,000.00.

Fred Jacobs is a Florida Board Certified Tax Lawyer.  Contact Fred at Bach, Jacobs & Byrne, P.A. to discuss tax planning for you and your family. Call (941) 906-1231 to schedule an appointment.

May 19, 2020
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What is a Codicil, and How Does It Relate to Estate Planning?

By Estate Planning

A codicil is a document that supplements a Will that has already been created and is an estate planning tool that allows provisions to be made to said Will. People generally create a codicil to their Will if they want to modify certain terms of the Will without having to create a new one entirely or go through the process of updating said Will. Codicils are most useful for small, fairly inconsequential changes to a Will, such as a change of a beneficiary or additional burial instructions. If larger, more significant changes need to be made to a Will, it may be advisable to draft a new Will entirely or to talk to your attorney about the process of updating a Will.

If you have further inquiries, please contact our office at 941-906-1231 to schedule an appointment with one of our attorneys to discuss your estate and end-of-life planning.

July 24, 2018
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What is a Will Caveat, and When Should I File One?

By Probate

Essentially, a Will caveat is an objection to a Will. A Will caveat provides an individual with the ability to present evidence that some aspect of a Will makes it legally invalid. Once the caveat is filed, this individual must be allowed to present evidence. If the individual who files the caveat presents information that proves the decedent was not competent or lacked the capacity to make a Will at the time the Will was executed, the Will may be voided. The Will also may be voided if an individual is able to provide information proving that someone was exerting undue influence of the decedent at the time the Will was executed.

July 13, 2018
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What is a Qualified Domestic Trust (QDOT)?

By Asset Protection Planning, Estate Planning, Tax Law

A qualified domestic trust (QDOT) is a marital trust utilized for the benefit of a spouse that is not a U.S. citizen. This type of trust allows a non-U.S. citizen who is married to a U.S. citizen to qualify for the unlimited marital deduction, which keeps the estate from being subject to federal income taxes upon the death of the first spouse. Without a QDOT, these estate taxes would have to be paid at the first death. With a QDOT, however, the taxes are delayed until the surviving spouse passes. This is an estate planning tool implemented to allow the assets within the trust to provide for the non-citizen spouse after the citizen-spouse has passed away, without being heavily taxed first. If you are married to a non-U.S. citizen, Bach & Jacobs, P.A. attorneys can discuss a QDOT with you as part of your estate planning.

June 8, 2018
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What Inheritance Rights Does My Adopted Child Have?

By Estate Planning, Probate

Typically, adopted children have the same legal right to inherit assets from their adoptive parents as biological children do. When a child is adopted, their legal ties to their biological parents are severed. This means that they have inheritance rights with their adoptive parents, but not with their birth parents.

Adopted children have the right to be included in general references to “my children” in a Will. They may also have the right to receive property if they are accidentally or unintentionally left out of a Will. For example, if a Will had not been updates since before the adoption of a child, then that adopted child still has rights to a certain portion of the estate. An adopted child also has the right to receive property in intestate succession, meaning that, if a child’s adoptive parents die without a Will, then the child has the same right to receive a certain portion of the adoptive parents’ property as a biological child would.

Just like with a biological child, you can disinherit an adopted child from your Will, but if you choose to do so you should state this explicitly.

To learn more about this matter, contact our office at 941-906-1231 to schedule an appointment with one of our attorneys.

 

April 6, 2018
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What is Decanting a Trust?

By Asset Protection Planning, Estate Planning

A trust is an entity created by an individual (the settlor) to hold assets for the benefit of the trust’s beneficiaries, while a trustee is appointed to manage the trust. Decanting a trust is the act of distributing assets from an old trust to a new trust that has more amicable terms. It gets its name from the process of decanting wine from its original bottle to a new one in order to eliminate any sediment residue; decanting a trust allows you to pour the assets from one trust into another while getting rid of any terms that aren’t amenable. Decanting is a powerful tool, as it allows the trustee of an irrevocable trust (one that cannot be modified or terminated after it has been signed) to essentially re-write an irrevocable trust without having to go to court, so long as the trustee complies with the motive and consent requirements of the Florida Trust Code.

 

March 20, 2018
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What is a Spendthrift Trust and Should I Consider Implementing One for My Troubled Child?

By Asset Protection Planning, Estate Planning

A spendthrift trust is a trust created for an individual that gives an independent trustee full authority regarding how the trust funds may be spent to meet the needs of the beneficiary (the individual receiving assets from the trust). In this situation, the beneficiary of the trust is not allowed to spend the money until they receive distributions and the trustee has determined what payments are necessary according to the trust agreement. A spendthrift trust can be a powerful estate planning tool if you have a troubled child who you still want to provide for after you pass away, but who you do not believe has the capability to make sound financial decisions. A spendthrift trust is generally used in situations where a child is troubled, has an addiction problem, is irresponsible with spending, or has credit problems. A spendthrift trust is a way to control an individual’s spending of the money you have left them and alleviates the stress or worry you may feel about a having the assets you worked so hard to obtain being wasted. It also allows you to avoid going through the uncomfortable process of having to disinherit a child whom you don’t trust with money because you know, if given free reign, they will waste it or spend it on unsavory items.

 

March 6, 2018
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The Basic Steps of Probate in Florida

By Probate

Probate is the legal process of proving that a Will is valid in court and administering the estate of the decedent according to the terms of their Will. If you are the personal representative of an estate, probate can become a complex and overwhelming matter. In Florida, the probate process can be broken down into four fairly simple steps. These steps will help you acquire a better understanding of how the probate process works and provide guidelines to follow that will help you fulfill your various duties.

Step 1: File a petition and give notice to the heirs and beneficiaries

File a petition with the probate court. You will either need to admit the Will and appoint the personal representative or, if there is no Will, appoint an administrator for the estate. In some situations, you will need to provide notice of the court hearing to all interested parties, which is usually the beneficiaries and heirs.

Step 2: Give notice to all creditors                                    

Following appointment by the court, the personal representative must give written notice to all creditors of the estate that indicates the date by which claims must be submitted. A notice will need to be filed publically to notify any unknown creditors, which can be done through the newspaper. Then, the creditors must file a valid claim with the court in order to get paid.

Step 3: Pay all debts, including taxes and funeral expenses

As the personal representative, you need to ensure that all funeral bills and final expenses have been paid. Additionally, determine which creditors’ claims are legitimate and pay those that are.

Step 4: Ask for permission to transfer remaining assets to beneficiaries

Once the creditor waiting period is over and all bills are paid, you can petition the court for the authorization to transfer assets to the beneficiaries indicated in the decedent’s Will and then close or discharge the probate proceeding.

If you need legal advice regarding the probate process, please contact our office at: 941-906-1232 to schedule an appointment with one of our attorneys.

February 27, 2018
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