Author: CSG Firm

Why Estate Planning Is Important for Young Couples in Florida

Protect What Matters Most—Even When You are Just Getting Started

When most people hear “estate planning,” they think of retirees or seniors. But the truth is, young couples, especially those with children, have just as much to gain from putting a plan in place. Whether you have just gotten married, recently started a family, or are simply beginning your life together, estate planning is one of the most responsible and loving steps you can take.

Despite its importance, fewer than one-third of Floridians with young children have a Last Will and Testament, and even fewer have a complete estate plan. At Caserta & Spiriti, we believe that understanding what estate planning can do is the first step toward peace of mind and long-term protection.

Why Young Couples Often Delay Estate Planning

It is understandable that young couples might postpone making an estate plan. Common reasons include:

  • Feeling “too young” or healthy
  • Believing they do not have enough assets
  • Not yet having children
  • Finding the topic unpleasant or uncomfortable.

While those reasons are common, they overlook an essential truth: Life is unpredictable. Serious illness or an accident can happen at any age, and planning today can help avoid legal complications and emotional stress for your spouse or children later.

What an Estate Plan Can Do for Young Couples

A comprehensive estate plan is not just about what happens when you die, it is about protecting your loved ones and making important decisions before a crisis occurs. Key benefits include:

  • Naming Guardians for your children
  • Ensuring your assets go to the right people
  • Avoiding probate delays and court involvement
  • Reducing family conflict and uncertainty
  • Giving someone you trust legal authority to manage your medical or financial affairs if you are incapacitated.

Core Documents in a Florida Estate Plan for Young Couples

A basic but effective estate plan typically includes the following:

1. Last Will and Testament

This document:

  • States who inherits your assets
  • Names a Personal Representative (Executor) to handle your estate
  • Appoints a Guardian for minor children
  • Can include a Minor’s Trust to manage your children’s inheritance.

If you die without a Last Will in Florida, state law, not your personal wishes, will determine who inherits your assets. That process can be slow, impersonal, and expensive.

2. Durable Power of Attorney (Financial)

This document allows you to appoint someone to manage your finances if you become unable to do so. That person (your “Agent”) can:

  • Pay your bills
  • Access bank accounts
  • Handle insurance or property matters
  • Deal with taxes and investments.

Without this document, your spouse may have to go to court to be granted the authority to act thereby delaying urgent decisions.

3. Designation of Health Care Surrogate (Medical Power of Attorney)

This document names the person you trust to make medical decisions for you if you cannot communicate. Without it, loved ones may struggle to access medical information or make choices during a medical crisis.

4. Living Will (Advance Directive)

This document outlines the type of medical care you want, or do not want, if you are in a terminal condition or permanently unconscious. It can address:

  • Life support
  • Feeding tubes
  • Pain management
  • End-of-life wishes.

These decisions protect your dignity and reduce stress on your family during difficult times, helping avoid tragic cases like those of Terri Schiavo or Nancy Cruzan.

5. Preneed Declaration of Guardian

If you become incapacitated without naming a legal Guardian for your children, the court will appoint one. This declaration lets you choose in advance who will care for your child, someone who shares your values and whom you trust.

What Happens If You Do Not Have a Last Will?

If you die without a Last Will in Florida:

  • The court appoints a Personal Representative (Executor) to administer your estate
  • After paying debts, taxes, and funeral costs, assets are distributed according to state law
  • Your children’s inheritance may be placed under court-supervised guardianship
  • Unmarried partners receive nothing automatically without legal documents
  • A judge, not you, chooses a Guardian for your children.

This default system often fails to reflect your actual wishes or family situation, and that’s exactly what estate planning helps avoid.

Key People to Appoint in Your Plan

  • Guardian: Cares for your minor children if both parents pass away
  • Personal Representative: Wraps up your estate and handles legal/financial duties
  • Trustee: Manages assets in a trust for your children’s benefit
  • Agents: Act on your behalf under financial and medical powers of attorney.

Choosing the right people, who are responsible, capable, and trustworthy, is one of the most important parts of your plan.

What About a Trust?

If you have young children, a Testamentary Trust (a trust created under your Last Will) can protect their inheritance until they are old enough to manage money wisely. A Trustee will:

  • Invest and manage the funds
  • Use them for education, health, and support
  • Distribute them according to the rules you set.

Trusts can help avoid court oversight and ensure your children’s needs are met long-term.

Estate Planning Is Affordable, Quick—and Reassuring

For most young couples, the process is:

  • Simple: Your attorney helps guide you every step of the way
  • Affordable: Many employer-sponsored legal plans or legal insurance cover the cost
  • Flexible: Your estate plan can be updated as life evolves, such as marriage, children, career growth, or homeownership.

Once completed, you will have peace of mind knowing your family is protected—now and into the future.

Start Early—Plan Smart

You do not have to be wealthy, elderly, or facing a crisis to plan wisely. In fact, starting young makes it easier to:

  • Make calm, thoughtful decisions
  • Protect your loved ones from the unexpected
  • Set a solid foundation for your family’s future.

There is a reason many of our older clients have estate plans, because they know how important it is. If you are a young couple or a new parent, now is the right time to take this step for the people you love.

The foregoing is a brief and general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.

Talk to a Florida Estate Planning Attorney

At CASERTA & SPIRITI in Miami Lakes, our experienced attorneys provide estate planning services tailored to your needs, values, and life stage. From simple Last Wills to more advanced Trust planning, we make the process understandable and stress-free.

Call us today to schedule your estate planning consultation and take the first step toward peace of mind.

How to Become an Organ Donor in Florida

[Save Lives with a Simple Step in Your Estate Plan]

Every day, thousands of people in Florida and across the country wait for a life-saving organ transplant. A Florida resident can make a profound difference by registering as an organ donor. As part of the estate planning, organ donation is a powerful way to leave a lasting legacy of compassion and healing.

The following is what Florida residents need to know about becoming an organ donor and how to make sure their wishes are honored.

4 Simple Steps to Becoming an Organ Donor in Florida

1. Register with the Florida Organ Donor Registry

The easiest and most effective way to document your choice is to register with the state’s official donor registry at Donate Life Florida. Registration is quick and can be done online in just a few minutes. Once you are listed, medical personnel can easily confirm your wishes at the time of death.

Did you know? Florida is home to thousands of people on the transplant waiting list. One donor can save up to eight (8) lives and enhance dozens more through tissue donation.

2. Use Your Florida Driver’s License

When you apply for or renew your driver’s license or state ID at the Florida Department of Highway Safety and Motor Vehicles (DHSMV), you will be asked if you would like to become an organ donor. If you say yes, the words “ORGAN DONOR” will appear on the front of your license.

Even better, your registration will automatically be shared with the state donor registry, so you do not need to sign up separately.

Tip: See the Florida Driver Handbook for more details.

3. Include Your Wishes in Your Healthcare Surrogate Designation

In Florida, your Designation of Healthcare Surrogate (also known as a healthcare power of attorney) allows you to name someone to make medical decisions if you cannot speak for yourself.

You can and probably should include your desire to be an organ donor in this legal document. While your Last Will is important, it is usually read after the time-sensitive window for donation has passed. That is why it is better to include your wishes in your healthcare documents and keep them easily accessible.

4. Tell Your Family and Healthcare Providers

Even though your documented consent must be honored by law (Florida Statutes §765.512(1)(b)), discussing your decision with loved ones is just as important. This ensures they understand and support your choice, helping avoid confusion or delays.

Make sure to share your decision with:

  • Immediate family members
  • Your health care surrogate and providers
  • Your attorney and estate planner
  • Your clergyperson (if applicable)

Why it matters: If your wishes are not documented, Florida law allows certain family members to make the decision for you. Avoid any uncertainty by making your intent clear.

Donating Your Whole Body to Science in Florida

If you wish to donate your entire body for scientific or educational purposes, you will need to arrange this in advance with a medical school or accredited organization.

A few options include:

  • University of Florida Anatomical Board
  • Science Care, a national whole-body donation organization
  • Other programs listed through national registries of body donation centers.

Be sure to:

  • Complete the required consent forms directly with the program
  • Inform your family and healthcare providers of your decision.

If You Do Not Wish to Be an Organ Donor in Florida

Just as important as choosing to donate is the right to decline. If you do not wish to donate your organs or tissues, you must:

  • Put your decision in writing, such as in your Designation of Healthcare Surrogate or a stand-alone document
  • Sign and date the statement
  • Notify your family and medical providers of your choice.

Under Florida law, if your refusal is known and documented, no one else can authorize organ donation on your behalf. (Florida Statutes §§ 765.512(3)-(4)).

Who Decides If You Have Not?

If you have not made your organ donation wishes known before death, Florida law gives that authority to others, in the following order:

  1. Your healthcare surrogate (unless explicitly limited)
  2. Your spouse
  3. An adult child
  4. Either parent
  5. An adult sibling
  6. An adult grandchild
  7. A grandparent
  8. A close personal friend (as defined by law)
  9. Your legal guardian or someone appointed by a court.

(Florida Statutes § 765.512(2)-(3))

Take Control: If you want someone specific to make this decision, or if you want to prevent someone from doing so, put it in writing now.

Learn More About Organ Donation

Visit OrganDonor.gov to learn more about organ and tissue donation, how the process works, and the impact your decision can have.

The foregoing is a brief and general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.

Need Help with Healthcare Directives or Estate Planning in Florida?

At CASERTA & SPIRITI in Miami Lakes, our attorneys help clients across South Florida create estate plans that reflect their wishes clearly, compassionately, and legally. Whether you are updating your Designation of Healthcare Surrogate or drafting a Living Will (Advance Directive), we are here to guide you every step of the way.

Call today to schedule a consultation and take control of your legacy.

Why Florida Estate Planning Is Critical for Unmarried Couples

Florida law continues to provide little to no legal rights for unmarried but committed couples. Unlike married spouses, unmarried partners are not automatically granted inheritance rights, medical decision-making authority, or legal protections upon a partner’s incapacity or death. This legal gap makes comprehensive estate planning essential for committed couples who are not legally married.

Without a properly executed estate plan, a surviving partner may be left with no rights to shared property, decision-making authority, or access to benefits. Florida does not recognize common law marriage, and under Florida’s intestacy statutes, only legally recognized spouses and blood relatives are considered heirs.

With proper planning, unmarried couples can establish legal rights, protect one another’s interests, and ensure that their wishes are respected.

Florida Statutes, including Chapters 732 (Intestate Succession), 765 (Advance Directives), and 744 (Guardianship), do not recognize or protect unmarried partners unless they are specifically designated in legal documents. A surviving unmarried partner may be excluded from:

  • Inheriting property without a Will or Trust
  • Making medical decisions without a Health Care Surrogate designation
  • Managing finances without a Durable Power of Attorney
  • Remaining in a shared home or accessing shared assets not held in joint title

To avoid these risks, unmarried partners should take proactive legal steps.

Recommended Estate Planning Documents for Unmarried Couples

  1. Last Will and Testament
    • Directs how property is to be distributed.
    • Names your partner as a beneficiary and personal representative (executor), if desired.
  2. Revocable Living Trust
    • Allows more control over asset distribution and avoids probate.
    • Can provide for your partner both during life and after death.
  3. Durable Power of Attorney
    • Grants your partner the ability to manage your finances, real estate, and legal matters.
  4. Designation of Health Care Surrogate & HIPAA Authorization
    • Legally names your partner to make health care decisions and access medical information.
  5. Living Will
    • States your wishes regarding life-sustaining treatment and end-of-life care.
  6. Pre- or Post-Relationship Property Agreement
    • Clarifies ownership, contributions, and division of property.
    • Helps avoid disputes or confusion, especially in blended families.
  7. Beneficiary Designations
    • Review and update life insurance, retirement accounts, and payable-on-death (POD) or transfer-on-death (TOD) designations.

Additional Legal Considerations

  • Joint Ownership with Rights of Survivorship
    • Real estate, vehicles, and bank accounts titled jointly can pass directly to the surviving partner without probate.
  • Domestic Partnership Registries
    • Some Florida counties (e.g., Miami-Dade, Broward, Palm Beach) allow registration, which may help access hospital visitation and local benefits.
  • Differences in Tax Treatment
    • Unmarried couples are not entitled to spousal exemptions under federal gift and estate tax laws. Planning should address these tax implications.
  • Multiple Residences and Domicile Issues
    • Couples with properties in multiple states may face complex questions about governing law and domicile. Legal planning should address which state’s laws apply.
  • Employee and Insurance Benefits
    • Review employer policies regarding domestic partner benefits. County forms or Domestic Partnership Agreements may help establish eligibility.
  • Adult Adoption (In Rare Cases)
    • In limited situations, adult adoption has been used to create legal family status, but this approach is controversial and may not be suitable for most couples.

The “Wild West” of Estate Planning for Unmarried Couples

With no default legal protections, estate planning for unmarried couples requires careful customization. As one legal commentator noted, it is a “tabula rasa” where the law provides no safety net but also few limitations. That makes good planning both critical and empowering. The foregoing is a paraphrased legal principle attributed to thought leaders like L. Paul Hood, Jr., J.D., LL.M., a nationally recognized estate planning expert.

Unmarried partners must be proactive in creating the legal structure to:

  • Control asset distribution
  • Avoid probate
  • Secure health care and financial authority
  • Minimize taxation
  • Protect each other’s future

The foregoing is a brief and general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.

Need Help? Contact Us Today

If you or someone you know is in a committed relationship and wants to ensure they are protected under Florida law, contact CASERTA & SPIRITI in Miami Lakes, Florida. Our experienced attorneys can assist you with customized estate plans tailored for unmarried couples, whether part-time or full-time residents of Florida.

We are here to help secure your relationship, assets, and peace of mind for the future.

Florida Powers of Attorney, State Government & Financial Institutions

A Power of Attorney (POA) is a critical legal tool that allows one person (the agent or attorney-in-fact) to act on behalf of another (the principal) in a range of legal, financial, or health care matters. In Florida, POAs are governed by Chapter 709 of the Florida Statutes, with major revisions enacted in 2011 to create greater clarity, consistency, and legal enforceability.

However, despite Florida law permitting broad delegation of authority, the effectiveness of a POA may be limited when dealing with certain state agencies or financial institutions. Some agencies may impose additional conditions, require specific forms, or even reject a POA altogether depending on their internal protocols.

1. Florida State Agencies and Powers of Attorney

Most Florida state agencies will recognize a properly executed Florida POA but may impose additional documentation or authorization requirements before acting upon it. These may include:

  • A certified copy or original of the POA document.
  • Specific language in the POA authorizing the relevant action (e.g., applying for benefits, transferring property, managing accounts).
  • Notarization and two witnesses, as required by Florida law.
  • Use of agency-specific forms, particularly in Medicaid applications through the Florida Department of Children and Families (DCF).

Example: Florida Department of Children and Families (DCF)
While DCF may accept a POA to apply for Medicaid long-term care benefits, the following conditions usually apply:

  • The POA must explicitly authorize the agent to apply for government benefits or conduct Medicaid planning.
  • The agent may be required to complete and submit DCF-specific forms (e.g., Form CF-ES 2505).
  • If DCF suspects fraud or exploitation, they may reject the POA and request court oversight.

2. Medicaid & Long-Term Care Planning in Florida

A POA is often essential when applying for Florida Medicaid benefits for long-term care, but not all POAs are created equal.

Under Fla. Stat. § 709.2202, certain powers must be expressly granted for the POA to be valid for Medicaid planning:

  • The authority to create, amend, or revoke trusts.
  • The authority to make gifts or asset transfers.
  • The authority to change beneficiary designations.
  • The authority to apply for public benefits.

These are often referred to as “superpowers,” and a generic POA lacking this language is likely to be rejected for Medicaid planning purposes—even if durable and otherwise valid.

3. Financial Institutions & Resistance to Powers of Attorney

Despite state law, banks, brokerages, and insurance companies may resist honoring POAs. This resistance often stems from concerns about fraud, outdated documents, or unclear language.

Florida law addresses this under Fla. Stat. § 709.2120, which provides that:

  • Financial institutions can be compelled by a court to accept a valid POA.
  • Institutions may be held liable for unreasonable refusal to honor a properly executed POA.

Still, delays and rejections can happen. To minimize issues:

  • Use a recently executed POA.
  • Include clear and specific authority for financial actions.
  • Present original or certified copies with valid ID &/or Supporting Affidavit.
  • Keep the language comprehensive and up to date.

To be clear, if necessary- When we say, “Present original or certified copies with valid ID,” it means:

  • Original or certified copy of the POA: Bring either the original signed Power of Attorney document or a certified copy issued by the attorney or notary public. A certified copy is one that is officially verified as a true and accurate copy of the original.
  • Valid ID: The agent (person using the POA) should bring a government-issued photo ID (like a driver’s license or passport) to prove their identity when presenting the POA to a bank, agency, or institution.

This combination helps the institution confirm that both the document is legitimate and the person presenting it is authorized to act on the principal’s behalf.

Supporting Affidavit, an Affidavit in support of a Power of Attorney (POA) that complies with Florida law, particularly Fla. Stat. § 709.2119 can also be a very useful tool to help avoid delays, rejections, or misunderstandings, particularly with financial institutions, government agencies, or third parties who may be cautious or reluctant to honor the POA.

4. Durable Power of Attorney vs. Guardianship

A well-drafted Durable Power of Attorney is a key safeguard against the need for court-ordered guardianship. If a person becomes incapacitated and lacks a valid POA, or if their POA is too narrow or not accepted, families may be forced to petition the court for guardianship, a costly and intrusive legal process.

Key Takeaways

  • A Florida POA must comply with Fla. Stat. § 709.2101 et seq. and be specific in the authority it grants.
  • Medicaid and long-term care planning require POAs with explicit “superpowers” under Florida law.
  • State agencies may impose form or documentation requirements, and federal agencies (like SSA or VA) may not accept POAs at all.
  • Financial institutions may resist POAs unless they are recent, specific, and properly certified.
  • A strong POA can prevent the need for guardianship if executed properly and timely.

Need Help with Your Power of Attorney?

Navigating Florida POA laws and ensuring your documents are accepted by banks, DCF, or other institutions can be complicated. Experienced attorneys, including those at Caserta & Spiriti, can help individuals and families draft comprehensive, legally sound Powers of Attorney and other estate planning documents that hold up under real-world scrutiny.

The foregoing is a brief and general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.

Whether a Florida resident is preparing for Medicaid, managing finances for a loved one, or planning for future incapacity, CASERTA & SPIRITI in Miami Lakes, Florida is here to guide them and secure their peace of mind.

Florida Powers of Attorney & Government Agencies: What Caregivers Need to Know

Powers of Attorney (POAs) are powerful legal instruments prepared under state law that allow one individual (the “principal”) to authorize another (the “agent” or “attorney-in-fact”) to make decisions on their behalf. While POAs are widely recognized in Florida and are extremely useful for managing personal, financial, and health care matters, they are not always accepted by federal agencies. Understanding these limitations is essential for proper estate and elder care planning.

1. Powers of Attorney vs. Federal Agencies

POAs created under Florida law may be effective for many purposes, but federal agencies often require separate, agency-specific authorizations. The following is how the POA interacts, or does not, with several major agencies:

A. Social Security Administration (SSA)

  • Does NOT accept POAs.
  • Instead, the SSA requires a Representative Payee to manage Social Security benefits for individuals deemed incapable of managing their own finances.
  • To become a representative payee, one must contact their local SSA office and go through an application and vetting process.
  • Funds must be deposited into a separate account titled in the name of the beneficiary, using the beneficiary’s Social Security number, not the representative’s.
  • For information: www.ssa.gov/payee

If you are helping a loved one file for benefits or handle appeals, the SSA allows you to become an Authorized Representative by submitting Form SSA-1696.

B. U.S. Department of Veterans Affairs (VA)

  • Like SSA, the VA does not honor standard POAs for managing veteran’s benefits.
  • If a veteran or their surviving spouse is declared incompetent, the VA appoints a fiduciary to handle VA benefits.
  • A thorough investigation is conducted before appointment.
  • Fiduciaries must file annual accountings and retain receipts for all transactions.
  • For more information: benefits.va.gov/fiduciary

C. Medicare (Centers for Medicare & Medicaid Services)

  • Medicare requires written or verbal authorization to release personal health information to a caregiver.
  • Verbal authorization may suffice for basic inquiries, but a standing authorization is strongly recommended.
  • To obtain ongoing access, complete the 1-800-MEDICARE Authorization Form or Form CMS-1696 (used for appeals or coverage determinations).

D. Other Federal Agencies

  • Agencies such as the Office of Personnel Management (OPM) and the Railroad Retirement Board (RRB) also require appointed representative payees rather than relying on POAs.
  • IRS (Internal Revenue Service) – The IRS does not accept a general POA. Instead, agents must complete IRS Form 2848 (Power of Attorney and Declaration of Representative) to represent a taxpayer.
  • Each agency may have unique rules for handling incapacity or representation.

2. What POAs Cover and Do not Cover

  • A Florida Durable Power of Attorney typically allows an agent to handle:
    • Real estate transactions
    • Banking
    • Insurance matters
    • Lawsuits
    • Government benefits (when allowed by state agencies)
    • Health care decisions (if covered under a separate Health Care Surrogate designation)
  • Limitations: POAs do not automatically grant access to:
    • Federal benefits (SSA, VA, etc.)
    • Some state-managed retirement benefits
    • Private insurance communications (without their specific authorization forms)

3. Best Practices for Caregivers and Families

  • Create and maintain up-to-date POAs and other estate planning documents while the principal still has capacity.
  • Apply for representative payee or fiduciary status where required.
  • Keep meticulous records of transactions if acting on behalf of a beneficiary.
  • Use separate accounts for SSA and VA benefits as required by law.
  • Be prepared to provide copies of authorizing documents frequently.

4. Practical Tips for Navigating Bureaucracies

  • Be patient and persistent.
  • Politely escalate to a supervisor when necessary.
  • Contact legal counsel if you are facing continued resistance or unclear requirements.
  • Keep extra copies of all legal documents readily available, including POAs, health care surrogates, and benefit authorizations.

Conclusion

Serving as a caregiver or advocate for a loved one is both an honor and a responsibility. Understanding the limits of a Power of Attorney, especially when dealing with federal agencies, is crucial. Proper planning, documentation, and agency-specific authorizations will help you manage your loved one’s affairs effectively and lawfully.

For help preparing Powers of Attorney, navigating agency-specific requirements, or handling estate planning, contact an experienced Florida attorney.

The foregoing is a brief and general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.

If you have questions about creating a Power of Attorney, an estate plan, or any related legal matter, contact the experienced attorneys at CASERTA & SPIRITI in Miami Lakes, Florida.

UNCLAIMED FUNDS IN FLORIDA — A CASE FOR PROPER ESTATE PLANNING AND FAMILY NOTIFICATION

Unclaimed funds are one of the many compelling reasons to have a proper estate plan and to keep one’s family or loved ones informed.

In Florida, and across the United States, unclaimed property, including money and securities, can end up in the hands of the state through a process known as escheat. This may occur when assets are left unclaimed for a prolonged period or when there are no known heirs or beneficiaries. The types of property affected can range from forgotten bank accounts and uncashed checks to the contents of abandoned safe deposit boxes, which might include watches, jewelry, coins, stamps, or other personal items.

More than $58 billion in unclaimed assets currently sit with state governments across the U.S., awaiting rightful owners. In Florida alone, approximately $2 billion is being held by the Department of Financial Services. These assets may be claimed by the rightful owners, or their heirs, at any time.

What Are Unclaimed Funds?

Unclaimed funds, also referred to as unclaimed property, are assets that have had no owner-generated activity or contact for an extended period—typically five years in Florida. These may include:

  • Dormant bank accounts
  • Uncashed checks
  • Insurance benefits
  • Stock dividends
  • Utility deposits or refunds
  • Court settlements
  • Safe deposit box contents

Notably, the contents of storage units, or assets hidden within a residence (such as money stashed in books or under mattresses), are not included in state-held unclaimed property databases.

Why Do Funds Become Unclaimed?

Assets often become unclaimed for reasons such as:

  • Failing to update contact information after moving
  • Forgetting about an old account or insurance policy
  • Losing or failing to cash checks
  • Passing away without notifying heirs about the existence of certain assets

Importantly, there is no statute of limitations on claiming escheated property in Florida. Legal heirs can recover property even decades later, although Florida law does not require the state to pay interest on such recoveries.

How to Search for Unclaimed Funds

The process of searching for and claiming unclaimed property is now easier than ever. The National Association of Unclaimed Property Administrators (NAUPA) provides free tools such as:

These platforms direct users to the appropriate state-managed databases. To make a claim, individuals must provide legitimate proof of identity and entitlement.

As an example, the largest single payout on record occurred in 2011, when a Kansas City woman recovered $6.1 million from long-forgotten stock held by her ancestors.

The Estate Planning Connection

Many of these issues can be avoided with proper estate planning and by informing one’s family or beneficiaries. When estate documents, such as a Last Will & Testament, Revocable or Irrevocable Trust, or Lady Bird Deed, are carefully prepared, they provide clear direction for the distribution of a person’s assets upon death. This minimizes confusion, helps prevent assets from going unclaimed, and reduces the likelihood that property will end up in state custody.

An effective estate plan ensures that:

  • All known assets are identified and distributed according to the Florida resident’s wishes;
  • Family members are aware of one’s financial affairs;
  • One’s legacy is preserved for the people they care about most.

Florida’s former Chief Financial Officer, Jimmy Patronis, has emphasized the importance of reclaiming unclaimed property, stating that 1 in 5 Floridians has money waiting to be claimed. To raise awareness, the state launched the “Florida Treasure Hunt” initiative, which last year alone returned $349 million to rightful owners or their survivors.

Conclusion

Unclaimed property is more common than most people realize. While state programs help individuals recover these forgotten assets, preventing escheat through proactive estate planning is far better than attempting to reclaim property after the fact. By preparing a comprehensive estate plan and keeping loved ones informed, a Florida resident can help ensure that their legacy is preserved and their assets remain in their family’s hands—not in the state’s coffers.

The foregoing is a brief and general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.

If you have questions about creating an estate plan or any related legal matter, contact the experienced attorneys at CASERTA & SPIRITI in Miami Lakes, Florida.

What Is Elder Law in Florida?

Guidance for Florida Seniors and Their Families
Elder Law is a specialized area of legal practice focused on the unique needs of senior citizens and their families. In Florida, where a sizable portion of the population is over sixty-five (65), Elder Law plays a vital role in helping individuals navigate complex legal, financial, and healthcare-related issues as they age.
Florida Elder Law Attorneys are eager to assist Florida seniors with a wide range of legal matters—from Medicaid planning and asset protection to guardianship and estate planning.

The Scope of Elder Law in Florida
Elder Law is a broad legal umbrella that encompasses several key areas, including:

  • Medicaid Planning and Benefits.
  • Asset Protection and Estate Planning.
  • Advance Directives (such as Living Wills and Health Care Surrogates).
  • Powers of Attorney (financial, property management, etc.).
  • Guardianship and Conservatorship.
  • Probate and Trust Administration.
  • Elder Exploitation and Undue Influence Cases.
  • Long-Term Care Planning and Nursing Home Issues.
  • Retirement and Employment Benefits.
  • Disability and Public Benefits Law.

Whether you are preparing for your future, caring for an aging loved one, or dealing with an unexpected crisis, Elder Law offers legal solutions tailored to your specific stage of life.

Why Florida Residents Need an Elder Law Attorney
While some aspects of Elder Law are governed by federal statutes—such as the Older Americans Act of 1965—many legal issues vary significantly from state to state. In Florida, for example, laws related to Medicaid eligibility, guardianship requirements, and probate administration have unique features that require specialized local knowledge.
Attempting to plan for Medicaid or create an estate plan without qualified legal guidance can result in costly errors, disqualification from benefits, or unintended consequences for your heirs. Experienced Florida Elder Law attorneys help Florida residents as follows:

  • Qualify for long-term care benefits without losing your home or life savings.
  • Prepare legal documents that reflect your wishes and protect your rights.
  • Avoid family disputes with clear, enforceable estate plans.
  • Respond to financial exploitation, neglect, or undue influence.
  • Navigate the probate process or establish appropriate guardianship for a loved one.

Estate Planning and Intestate Succession in Florida
One of the most common concerns among Florida seniors is how their estate will be distributed. If someone dies intestate—without a valid Will—Florida law dictates that their surviving spouse typically receives priority over their children, which can be problematic in blended families or separated-but-not-divorced relationships.
Creating a Last Will & Testament, along with other essential estate planning documents such as a Durable Power of Attorney, Health Care Surrogate, and Revocable Trust, helps ensure that your wishes are respected and your assets are protected.

Guardianship: Protecting the Vulnerable
Guardianship is another critical area of Elder Law in Florida. Seniors often become guardians of their grandchildren, or alternatively, may require a guardian themselves due to dementia, illness, or incapacity. If a senior has not executed a Durable Power of Attorney or other advance directives before becoming incapacitated, the court may need to appoint a guardian to manage their affairs.
An Elder Law attorney can assist with both establishing guardianship and updating estate plans to reflect a senior’s preferences regarding care and custody, especially for minor children or incapacitated adults.

Elder Law and Long-Term Care
As Florida seniors consider nursing homes, assisted living facilities, or in-home care, Elder Law attorneys can provide invaluable support in evaluating care options, reviewing facility contracts, and identifying red flags of potential neglect or financial exploitation. Elder Law attorneys also help families understand how to legally preserve assets while qualifying for long-term care assistance under Medicaid.

Speak with a Florida Elder Law Attorney Today
The legal issues facing seniors can be emotionally and financially complex. With the growing number of older adults in Florida, Elder Law will only continue to increase in importance. Having an experienced Elder Law attorney by your side ensures that your future, your assets, and your loved ones are protected.
The foregoing is a brief and general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.
If you have questions or need legal assistance related to Elder Law, and/or other legal concerns, contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida. The firm and its attorneys are here to provide compassionate guidance and practical legal solutions tailored to your needs.

Why Hire a Probate Lawyer in Florida?

Understanding the Process and Protecting Your Loved One’s Legacy

When a loved one passes away in Florida and/or is a deceased Florida resident, their estate often must go through the probate process. Probate is a court-supervised legal procedure that ensures the deceased person’s assets are properly identified, their debts are settled, and any remaining assets are distributed to the rightful heirs or beneficiaries.

It is understood that dealing with legal and financial matters after a loss can feel overwhelming, especially when grieving. Hiring an experienced Florida probate lawyer can ease that burden and help avoid unnecessary delays, disputes, and costly mistakes.

What Is Probate in Florida?

Probate is required in most cases when someone passes away owning assets in their name alone. The process begins by validating the Last Will & Testament (if there is one) and then administering the estate according to that Will or, if no Will exists, according to Florida’s intestate succession laws.

Depending on the complexity of the estate and whether disputes arise, probate can take anywhere from six months to several years. If there is no Trust, Lady Bird Deed, and/or Beneficiary Designations (all three explained in other articles), common estate assets that may require probate include:

  • Real estate,
  • Bank accounts,
  • Businesses,
  • Investment accounts,
  • Vehicles,
  • Jewelry and other valuables,
  • Personal property.

What Does a Probate Lawyer Do?

A probate attorney represents the estate and assists the appointed Personal Representative (also known as the Executor) with navigating the legal process. They ensure all statutory requirements are met and help protect the estate from errors, delays, and potential legal challenges.

A Florida probate lawyer can assist with:

  • Filing the Will with the court and validating its authenticity,
  • Identifying, gathering, and appraising assets,
  • Notifying beneficiaries, heirs, and creditors,
  • Paying final bills, debts, and taxes,
  • Handling disputes or contested Wills,
  • Distributing assets and retitling property,
  • Closing the estate once administration is complete.

What If There Is No Will?

If the deceased did not leave a valid Will, the estate is considered intestate and must still go through probate. In this case, Florida law will determine who receives the estate’s assets, typically starting with the surviving spouse and/or closest blood relatives. A probate attorney can guide the family through this process and ensure that the correct parties receive to what they are legally entitled.

Why You Should Consider Hiring a Probate Lawyer

Probate in Florida is a detailed process involving court filings, legal deadlines, and financial responsibilities. Without legal assistance, mistakes can easily occur, leading to delays, increased costs, or even legal disputes. A probate attorney can:

  • Help the Personal Representative fulfill their fiduciary duties,
  • Prevent errors that could result in personal liability,
  • Facilitate communication with beneficiaries and creditors,
  • Provide peace of mind during a difficult time.

Additionally, if a Will is contested or a dispute arises among heirs or beneficiaries, having a seasoned probate litigator can make all the difference in protecting your rights and resolving the matter efficiently.

Let An Experienced Attorney Help You Through the Probate Process

At CASERTA & SPIRITI, our experienced probate attorneys are committed to helping families throughout Florida manage the probate process with care, efficiency, and compassion. Whether your loved one left a Will or died intestate, we are here to guide you throughout the process.

The foregoing is a brief and general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.

If you have questions about probate, any estate-related matter, or any other legal concern, please contact our Miami Lakes office today. We are here to assist you during life’s most challenging moments.

Protecting Assets for Children or Heirs During a Florida Divorce

 

For many Florida residents, protecting their family’s future is a top priority. Whether the Florida resident has inherited property, investments, or other assets from a parent or relative, they want to ensure those assets benefit their children or chosen heirs. However, unexpected life events, such as divorce, can threaten even the most carefully made plans.

If a Florida resident is concerned about how a pending or ongoing divorce could impact their assets or their ability to provide for their heirs, it is essential to seek guidance from attorneys experienced in both Florida divorce (dissolution of marriage) and estate planning matters.

Understanding Separate vs. Marital Property in Florida

Under Florida law, most assets acquired during the course of a marriage are considered marital property and are subject to equitable distribution during divorce proceedings. However, inherited assets are generally treated as separate property, so long as they have not been mixed (commingled) with marital assets.

If one receives an inheritance that remains solely in their name, and they avoid using those funds for marital expenses or placing them in a joint account, one can usually preserve that inheritance as separate property. In doing so, one can retain full control over these assets and can later transfer them to their heirs according to their wishes.

The Risk of Commingling Assets

Issues arise when inherited funds or assets become commingled with marital property. For example, if an individual deposits inherited money into a joint account used to pay household bills, mortgages, or vacations, those funds may lose their separate status. As a result, that individual’s inheritance could become subject to division during divorce.

Even if commingling occurs, it may still be possible to argue that some portion of the inheritance remains separate. However, proving this in court requires strong documentation and skilled legal representation.

Estate Planning Strategies to Protect Children’s Inheritance

If a Florida resident wants to shield assets for their children or beneficiaries, proactive estate planning is crucial. Caserta & Spiriti, as well as any other knowledgeable Florida divorce and estate planning attorneys, can help Floridians of all financial backgrounds, not just the wealthy, use estate planning tools to secure their assets. Some options to consider include:

  • Trusts: Establishing a revocable or irrevocable trust can protect assets from equitable distribution and ensure they are passed down according to the subject person’s wishes.
  • Prenuptial and Postnuptial Agreements: These agreements clearly define the treatment of inherited or premarital property in the event of divorce.
  • Gifting Strategies: In some cases, lifetime gifting can help transfer wealth directly to heirs outside of divorce proceedings.
  • Account Segregation and Proper Titling: Keeping inherited assets in separate accounts, without mingling them with marital funds, is vital for maintaining their protected status.

Reviewing Marital and Separate Property

As part of the divorce process, all marital assets and liabilities must be identified and equitably divided. These assets may include real estate, investment accounts, retirement accounts, business interests, and more. By working with experienced divorce and estate planning attorneys, a Floridian can better understand how the court may categorize and divide assets and develop a strategy to protect their family’s future.

Plan Ahead to Protect Your Legacy

The choices one makes during a divorce will have a lasting impact. With careful planning and the right legal support, a Florida resident can protect their hard-earned assets and ensure they are preserved for the next generation.

The foregoing is a brief and general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.

At CASERTA & SPIRITI, our team is here to provide you with trusted guidance through divorce and estate planning matters. If you have questions or would like to schedule a confidential consultation, please contact our Miami Lakes office today.

Reasons Florida Residents Need an Estate Plan

Estate planning empowers Florida residents to make informed decisions about their future and the future of their loved ones. Whether it is to preserve wealth, avoid court complications, or ensure that your wishes are honored, a well-crafted estate plan provides security and peace of mind. Below are some of the most common and compelling reasons to have an estate plan in place.

1. Avoiding Probate

Avoiding probate is one of the most common reasons people seek out an experienced estate planning attorney. Anyone who has dealt with the Florida probate process knows it can be time-consuming, stressful, and costly.

Probate is the court-supervised process of distributing a deceased person’s estate. This may involve proving the validity of a Last Will and Testament (if there is one), identifying heirs or beneficiaries, cataloging property, settling debts, and finally distributing the remaining assets. Without a Last Will, the process becomes even more complex and unpredictable.

The legal fees, court costs, and delays associated with probate can significantly reduce the estate’s value—leaving less for your loved ones. To avoid this, many Florida residents create estate plans that include tools like Revocable Living Trusts or Lady Bird Deeds or Beneficiary Designations, which allow assets to pass to beneficiaries without going through probate.

2. Minimizing Estate and Inheritance Taxes

Although Florida does not impose a state estate tax, federal estate taxes may still apply to large estates. With proper planning, wealthy married couples can significantly reduce or eliminate federal estate tax exposure using strategies such as AB or ABC Trusts.

Even smaller estates can benefit from tax-saving strategies. An experienced estate planning attorney can help structure gifts, trusts, and asset transfers to minimize or eliminate tax burdens for your heirs.

3. Protecting Loved Ones from Family Disputes

Sadly, it is not uncommon for family conflict to arise after the death of a loved one, especially when no clear plan is in place. Disagreements over “who gets what” or who should be in charge of managing the estate can lead to costly legal battles and permanent rifts in family relationships.

Estate planning allows you to name trusted individuals to act on your behalf, including:

  • A Personal Representative for your estate
  • An Agent under a Power of Attorney in the event of incapacity
  • A Guardian for minor children

By clearly outlining your wishes and delegating responsibilities, you can help avoid disputes and ensure smooth administration of your estate.

4. Protecting Beneficiaries

Estate planning is not just about distributing wealth, it is also about protecting your beneficiaries, both minors and adults.

  • Minors: State law requires that a Guardian or Trustee be appointed to manage a minor’s inheritance. A trust can be used to control how and when assets are distributed.
  • Adults: Some adult beneficiaries may need protection from poor financial decisions, creditors, divorcing spouses, or outside influences. Through a spendthrift trust or other asset protection strategies, you can shield their inheritance from misuse or loss.

5. Asset Protection

In today’s litigious society, asset protection is one of the fastest-growing reasons people consult estate planning attorneys. Whether you are a business owner, landlord, or simply worried about future liabilities, planning ahead is essential.

Once a lawsuit or divorce is on the horizon, it is often too late to reposition assets. A proactive estate plan can help:

  • Shield your property from potential creditors
  • Safeguard your business interests
  • Preserve wealth for future generations

6. Using Florida-Specific Tools

Florida offers several estate planning tools that can help streamline the process and protect your estate, including:

  • Lady Bird Deeds to transfer real estate outside of probate
  • Beneficiary designations on retirement accounts, life insurance, and bank accounts
  • Homestead protections that preserve the family home for surviving spouses and children

Final Thoughts

Every Florida resident’s situation is unique, but the need for a thoughtful, personalized estate plan is universal and essential. Whether your goal is to protect your family, avoid unnecessary taxes, or ensure your wishes are followed, estate planning is the key to taking control of your future.

The foregoing is a brief and general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.

If you have questions about creating an estate plan or any related legal matter, contact the experienced attorneys at CASERTA & SPIRITI in Miami Lakes, Florida. The firm and it’s attorneys are here to help Florida residents to plan wisely and live confidently.