Many adults have debts, and they may not think much about them. One thing that all adults should remember is that their debts don’t just disappear if the person dies. This can leave the decedent’s loved ones scrambling to figure out what to do. Creditors have the...
Protecting
Your Legacy
Florida Legal Blog
L. Bruce Swiren, P.A.
What is the cost of caregiver promises?
Many older adults prefer to age at home, surrounded by familiar spaces and trusted faces. Often, a family member or close friend steps in as a caregiver, promising to provide help in exchange for future benefits. At first, these arrangements feel natural, born out of...
Snowbird estate plan: Avoid Florida’s second probate
Florida is a prime winter haven, and thousands of nonresidents buy homes, condos or investment properties here every year. While your current will or trust handles assets in your home state, it often hits a major roadblock when dealing with Florida real estate. Owning...
Should you wait to make an estate plan?
A quick look at statistics shows that many people are waiting to make their estate plans. After all, the majority of Americans do not have an estate plan yet, and one of the top reasons is that they claim they just have not gotten around to making one. It is not that...
Where to look for a will when preparing for probate court
Probate proceedings are usually necessary when an adult dies. Surviving family members often initiate the probate process by filing paperwork with the courts. Typically, they must locate estate planning paperwork, including the will of the deceased individual. In some...
Why an outdated estate plan could leave your family at risk
If you haven’t looked at your estate plan in a while, you’re not alone. Many people create an estate plan and tuck it away, assuming the job is done. On paper, it might look like you’ve taken care of everything, but the reality may be very different. An outdated...
Common estate plan concerns of divorcing spouses
If you have an estate plan in place (even a simple will), your spouse is likely mentioned multiple times. That means if you’re divorcing, you’ll need to review your estate plan as soon as possible to determine what changes you want or need to make and the appropriate...
How long do creditors have to make probate repayment claims?
Probate proceedings help protect the rights of parties with an interest in an estate. Heirs and beneficiaries expecting to inherit from an estate have an interest in the probate process. So do creditors owed money by the decedent. The personal representative managing...
What happens to debts when someone dies?
When a person dies, their debts don’t automatically die with them, but they don’t transfer over to the person’s loved ones unless specific conditions are met. In most cases, the debts become the responsibility of the person’s estate. If the decedent’s estate doesn’t...
Estate planning concerns about late-life marriage
Marriages happening late in life are becoming more common, whether after divorce, the loss of a spouse or simply finding love later in life. While these unions can bring happiness and companionship, they also come with unique legal challenges that couples and families...

