In Florida, hurricanes, floods, and wildfires are an unfortunate reality. While the physical and emotional toll of a disaster can be overwhelming, the legal and financial aftermath can be just as challenging. Knowing your rights, and what steps to take, can make a significant difference in your recovery.

The following are six (6) key legal tips to help Florida residents protect themselves, their property, and their financial well-being in the wake of a disaster:

1. Understand Your Legal Rights After a Disaster

If your home or property has been damaged or destroyed, it is important to know where you stand legally. Florida laws vary depending on whether you are a homeowner or renter. You may have questions like:

• Am I still required to pay rent or my mortgage?
• Who is responsible for debris cleanup?
• What are my rights if my landlord will not make repairs?

Your rights often depend on local ordinances, insurance policies, and federal disaster declarations. Check your homeowner’s or renter’s insurance policy and reach out to FEMA or the Florida Division of Emergency Management for guidance.

Tip: Download FEMA’s “Disaster Recovery Resources” guide or consult a Florida attorney to fully understand your rights under state law.

2. Know Who to Call and Where to Get Help

In the chaos that follows a disaster, it is helpful to have trusted resources at your fingertips. Below are key contacts for Floridians:

• FEMA Disaster Assistance: 1-800-621-3362
• Florida Emergency Information Line: 1-800-342-3557
• Florida Department of Insurance (DFS): 1-877-693-5236
• Vital Records (Birth/Marriage/Death Certificates): 1-877-550-7330
• Florida Bar Disaster Legal Services: 1-866-550-2929

Also, the Florida Bar Young Lawyers Division often partners with FEMA to provide free legal assistance during declared disasters.

3. Beware of Scams and Price Gouging

Unfortunately, disasters bring out scammers hoping to take advantage of people in distress. After a hurricane or fire, be cautious when hiring contractors or responding to unsolicited offers.

Florida law prohibits price gouging during a declared emergency (Florida Statutes § 501.160). If you believe you have been overcharged, contact:

• Florida Attorney General’s Price Gouging Hotline: 1-866-966-7226

When hiring contractors:

• Do not pay in full upfront.
• Always get a written contract.
• Ask for proof of Florida licensure and insurance.
• Avoid making decisions under pressure.

4. Protect Yourself from Identity Theft

Disasters often scatter documents and compromise personal security. If your home was looted, your belongings displaced, or paperwork lost, you may be at increased risk of identity theft.

Consider placing a fraud alert on your credit report. This is free and legally guaranteed if you believe you are a victim:

• Equifax: 1-800-525-6285
• Experian: 1-888-397-3742
• TransUnion: 1-800-680-7289

An initial fraud alert lasts 90 days and notifies lenders to verify your identity before approving new credit. You only need to contact one credit bureau, and they are required to notify the other two.

Tip: Keep records of any lost or stolen financial documents and report them immediately.

5. Prevent Contractor Disputes with Proper Contracts

Rebuilding is stressful enough without legal battles over home repairs. Protect yourself before the first hammer swings:

• Never begin work without a signed contract.
• Review the contract with a Florida attorney, if possible.
• Ensure the agreement details labor, materials, cost, payment schedule, and timeline.
• Choose contractors licensed by the Florida Department of Business and Professional Regulation.

Disputes can be costly. A properly drafted contract is your best defense against delays, overcharges, and unfinished work.

6. Know Your Rights in Insurance Disputes

Filing insurance claims is a critical but often frustrating step. Many Floridians are forced to dispute delays, underpayments, or claim denials after disasters.

To protect yourself:

• Document everything—photos, receipts, videos, and emails.
• Review your policy for coverage limits, exclusions, and deadlines.
• Keep a record of every communication with your insurer.
• Respond to written or emailed inquiries promptly and thoroughly.

If you believe your insurance company is acting in bad faith, you may have legal recourse under Florida’s Insurance Consumer Protections (Florida Statutes § 624.155).

Tip: You may also be eligible for free assistance through the Florida Department of Financial Services Consumer Helpline at 1-877-693-5236.

Final Thoughts: Be Legally Prepared Before and After Disaster Strikes

Natural disasters can destroy more than property—they can leave people legally vulnerable. From housing issues to identity theft and contractor fraud, knowing your rights is a critical part of disaster recovery in Florida.

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 in Miami Lakes, we assist Florida families with emergency legal matters, property disputes, and post-disaster estate planning. Whether you are updating your legal documents after a storm or facing a denial of insurance coverage, we are here to help you rebuild with confidence. Contact our firm today for a consultation or legal guidance following a disaster.

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.

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.

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.

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.

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.

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.