Swiren Law Firm P.A.Swiren Law Firm P.A.2026-09-29T09:11:33Zhttps://www.swirenlawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1103210/2023/05/cropped-SwirenLawFirm-site-icon-32x32.pngby Swiren Law Firm, P.A.<![CDATA[What to do when beneficiaries disagree during probate]]>https://www.swirenlawfirm.com/?p=510222026-09-29T09:11:33Z2026-09-29T09:11:33ZUnderstand the source of the disagreement
Conflicts often start with unclear will language or disputed asset values. Some arise from concerns about how the estate is managed. Florida Statutes § 733.602 sets fiduciary standards for personal representatives. These include loyalty, fairness and careful management. A personal representative who fails these standards may be held liable.
When misconduct is a concern, Florida law gives interested persons a remedy. Under § 733.604 and Florida Probate Rule 5.150, they may ask the court to order an accounting. Courts also check whether the will's terms were followed. Beneficiaries may challenge proposed distributions under the Florida Probate Rules. Noting concerns in writing helps if formal action is needed.
Explore mediation before litigation
Florida Statutes § 44.102 lets courts send probate disputes to mediation. Courts often require this before a case moves forward. A neutral mediator helps parties reach an agreement. Court approval is required for any settlement. The settlement must also comply with Florida law. This covers protections for spouses, creditors and other interested persons. Parties may agree to terms that differ from the will. Any such agreement still needs court approval. Parties who settle avoid the uncertainty of a court ruling. Mediation usually costs less than a trial and may preserve family ties.
File a formal objection if needed
When mediation fails, other legal tools are available. Florida Statutes § 733.109 lets interested persons petition to revoke probate. This is the correct path for a will contest. Florida Statutes § 733.212 sets a deadline for this type of objection. Beneficiaries who want to contest the will usually have three months from notice of administration. Missing this window can eliminate that right.
Removal of a personal representative is also an option. Florida Statutes § 733.504 lists grounds for removal. Breach of fiduciary duty is one example. Under Florida Probate Rule 5.025, adversary filings must be in writing. Each must state the legal grounds. Rules vary by case type. Reviewing the correct probate rule before filing matters.
Act before deadlines pass
Beneficiary disputes in Florida probate involve strict deadlines and procedural requirements. Missing a deadline can permanently limit a beneficiary's legal options. Identifying the right remedy early matters, whether mediation, a formal objection or a removal petition. Acting promptly gives interested persons the best opportunity to protect their rights under Florida law.]]>0On Behalf of Swiren Law Firm, P.A.<![CDATA[Can you back out of a home purchase after inspection in Florida?]]>https://www.swirenlawfirm.com/?p=506952026-09-14T11:03:13Z2026-09-14T11:03:13ZWhat does the inspection contingency allow?
Most Florida purchase agreements include an inspection contingency clause. This provision gives buyers a negotiated window – commonly ranging from 10 to 15 days, though the specific period is set in the contract – to hire a professional inspector and review the property's condition. Check your signed contract for the exact deadline, as missing it can affect your right to cancel.
Under the widely used FAR/BAR "AS IS" contract, you can cancel for any reason during this period, whereas the Standard FAR/BAR contract only lets you walk away if repair costs exceed agreed-upon dollar caps and the seller refuses to pay. To protect your earnest money deposit, you must deliver formal written notice of cancellation before the deadline expires.
When can you walk away without penalty?
You can generally exit the purchase without losing your deposit if you cancel during the contingency period. The contract must clearly state this right. Courts recognize these clauses as valid protections for buyers who discover material defects they cannot accept. Timing matters in real estate closings. If you waived the inspection contingency to strengthen your offer, backing out becomes far more difficult. You may forfeit your earnest money deposit or face a breach of contract claim from the seller.
What protections do buyers have?
Review your purchase agreement carefully before signing. Ensure the inspection contingency includes clear language about your right to cancel and recover your deposit. Consulting with a qualified real estate attorney can clarify your contractual rights and help you understand withdrawal options if inspection results raise concerns.]]>0by Swiren Law Firm, P.A.<![CDATA[Can a Florida Medicaid applicant keep a home?]]>https://www.swirenlawfirm.com/?p=506932026-08-24T20:40:42Z2026-08-24T20:40:42ZWhat happens to a home’s expenses after Medicaid approval?
Florida Medicaid may treat the primary home as an exempt asset under certain conditions, but it does not cover the ongoing costs of homeownership. Property taxes, insurance, mortgage payments, HOA fees, repairs and maintenance still must be paid. These costs can become harder to manage after a move to a nursing home. Much of the recipient’s income may go toward care, leaving less money for home expenses. A spouse who stays in the home may face different financial needs. A sound plan should consider who owns the home, who lives there, how expenses will be covered and whether the costs of upkeep are sustainable.
Renting or selling a home under Medicaid rules
While keeping the home may protect Medicaid eligibility, renting or selling it can change how it is treated under both Medicaid and tax law. Each option carries distinct Medicaid, tax and estate planning consequences. Renting the home can create income that affects Medicaid planning. It may also affect Florida homestead tax benefits.
Key concerns include:
Rental income: Medicaid planning must include rental income.
Homestead taxes: Renting may reduce or end homestead tax benefits.
Property costs: Insurance, repairs, maintenance and management still cost money.
Estate planning: Renting may change the home’s role in the estate plan.
Selling may make sense when a home costs too much to maintain or no longer meets family needs. A replacement home may cost less and better fit future needs. However, Medicaid rules require careful handling of the sale proceeds.
Important factors include:
Sale proceeds: Unused proceeds may count as assets.
Timing: Medicaid rules govern how quickly sale proceeds must be reinvested or spent to avoid affecting eligibility. Delays can create problems.
Title: Ownership of the new property can affect Medicaid eligibility.
Remaining funds: Cash left after the sale may affect eligibility.
Reviewing these options with a Medicaid attorney before any transaction can prevent eligibility problems, unexpected tax consequences and complications with estate recovery.
What happens to the home after a Medicaid recipient dies?
Medicaid eligibility and home protection are separate issues. A home may remain exempt from Medicaid's asset count during the applicant's lifetime, but Florida's Medicaid Estate Recovery Program may make a claim against the estate after death to recover certain long-term care costs. A Florida elder law attorney can review the property and help create a plan that protects Medicaid eligibility and supports long-term estate goals.]]>0On Behalf of Swiren Law Firm, P.A.<![CDATA[Can you skip formal probate in Orlando?]]>https://www.swirenlawfirm.com/?p=506912026-08-12T18:17:25Z2026-08-12T18:17:25ZSummary administration is available only in limited situations
Florida uses summary administration as a shorter probate process in certain cases. An estate may qualify if the person died more than two years ago, or if the probate assets fall within the legal limit for summary administration, which is currently $70,000 or less. Basic rules about how probate works still apply, but the court requires less supervision when the estate qualifies for this shorter process.
What can force an estate into formal probate?
A family may need formal probate when the estate includes higher-value assets, unresolved creditor issues or other problems that require a personal representative to act for the estate. Formal probate may also be necessary when someone files without first confirming which assets belong in the probate estate or whether the estate fits the summary rules.
This issue often becomes more serious when the estate includes real property, frozen bank accounts or uncertainty about who has legal authority to act.
Choosing the wrong process can cost time
A shorter probate case helps only when the estate truly qualifies. Disputes over which probate process fits the estate often start when families try to transfer property without the right court procedure in place. An Orlando probate lawyer can review the estate and identify the right filing path before the wrong procedure wastes time and makes asset transfers harder instead of easier.]]>0On Behalf of Swiren Law Firm, P.A.<![CDATA[What should you think about before choosing a trustee?]]>https://www.swirenlawfirm.com/?p=506892026-08-04T16:10:52Z2026-08-04T16:10:52ZLook for someone who can handle the responsibility
A trustee should have the time, judgment and commitment to manage the role well. Depending on how your trust is structured, that could mean keeping accurate records, managing investments, paying bills or making distributions according to your instructions.
You do not need to find someone with legal or financial training, but you should look for an organized and dependable person who can make important decisions impartially. Just as importantly, they should be willing to accept the responsibility instead of feeling pressured into it.
Consider how the trustee will work with beneficiaries
Good communication can help your trust operate more smoothly and reduce misunderstandings among family members. Your trustee should be able to explain decisions clearly, answer reasonable questions and treat beneficiaries fairly while following the terms of your trust.
Florida law requires trustees to act in the best interests of the beneficiaries and carry out the trust according to its terms. That means personal opinions or family disagreements should not take priority over the instructions you leave behind.
Keep the future of your trust in mind
Many trusts continue for years after their creation, so it helps to think beyond your current circumstances. Consider whether your trustee is likely to remain available and capable of serving if your trust is not administered for a long time.
It is also wise to name a successor trustee. If your first choice becomes unable or unwilling to serve, having a backup in place can help avoid unnecessary delays and keep the administration process on track.
Make the right choice for your family
Selecting the right trustee is about choosing someone you trust to carry out your wishes and support the people you care about. Reviewing your options with an estate planning attorney can help you weigh the strengths of different candidates, understand how Florida law applies to your trust and create a plan that reflects your family's needs.]]>0On Behalf of Swiren Law Firm, P.A.<![CDATA[When can a landlord enter a tenant’s property in Florida?]]>https://www.swirenlawfirm.com/?p=506872026-07-26T16:02:56Z2026-07-26T16:02:56ZGenerally speaking, a landlord needs to respect a tenant's privacy in their own unit. Even though the landlord owns the property, as long as the tenant is on the lease, the landlord should not enter the property unannounced.
That being said, there are certain situations in which the landlord can enter, starting with when they give reasonable notice. Typically, they need to give notice roughly 24 hours before entering the property. For instance, if the landlord needs to make certain repairs or updates, they can inform the tenant in advance and plan a time to do so at a reasonable hour. This is usually between 7:30 a.m. and 8 p.m. As long as the landlord gets consent from the tenant in advance, it should not be an issue.
3 other reasons to enter the property
That being said, there are three other ways that the landlord can enter the property:
If the tenant has withheld consent in an unreasonable manner. If the landlord needs to make repairs, and the tenant repeatedly refuses for no reason at all, they may be able to enter the apartment.
If there is an emergency situation. For instance, perhaps there is a fire in a rental unit or the landlord suspects there is a gas leak, so they need to act quickly to protect their property.
If the tenant is absent for a significant amount of time. This usually means they have been absent without notice for at least half of the time between their rent payments. In other words, the landlord may believe that the tenant has abandoned the property, so they may be able to enter without consent because the tenant cannot be contacted.
Issues with access to a property do sometimes lead to disputes between landlords and tenants, and they both need to know what legal steps they can take as they seek an appropriate resolution.
]]>0On Behalf of Swiren Law Firm, P.A.<![CDATA[Is estate planning only for the wealthy?]]>https://www.swirenlawfirm.com/?p=506852026-07-17T14:12:20Z2026-07-17T14:12:20ZIn the United States, most people do not have an estate plan. Some reports claim that roughly two-thirds of Americans have not written a will or drafted any other estate planning documentation. When asked why, a full 33% of these individuals claimed that they simply did not have enough assets to pass on, indicating that they believe estate planning is only something for the wealthy.But in reality, anyone can benefit from an estate plan. It is not something that only wealthy families need to consider.For example, one of the top reasons for disputes among siblings after a parent passes away is simply dividing assets with sentimental value. These are often family heirlooms and other items that the parents owned while they were raising the children. While these items may not have any financial value at all, the sentimental connection that these adult children have means they still need guidance on how to divide tangible assets.
Other estate planning documentation
Additionally, estate planning is not just about assets to begin with. There are many other types of documents to consider.For instance, an estate plan can handle future medical decisions. This is often done with a power of attorney, a health care surrogate designation or a living will.Another example is when new parents use their estate plan to select a guardian for their child. Ensuring that their child has a stable future is important, regardless of how many assets the family has.
Drafting your plan
This helps demonstrate why estate planning is something everyone should consider, regardless of their income level. If you would like to make a plan this year, it can help to work with an experienced attorney.
]]>0On Behalf of Swiren Law Firm, P.A.<![CDATA[Will an adult child inherit a parent’s debts?]]>https://www.swirenlawfirm.com/?p=506832026-07-04T20:42:06Z2026-07-04T20:42:06ZNo, generally speaking, an adult child will not be responsible for a parent's debts. Even after that parent passes away, the child does not inherit them in the same way that they will inherit their parent's possessions or assets.
There are some situations in which a child could be responsible for debt. If they cosigned on a credit card with their parent, for example, they are still responsible for the debt on that card. If the child inherits a home with an outstanding mortgage, they would have to keep paying the mortgage lender to avoid foreclosure. But when a parent has independent sources of debt, like a credit card in their own name, personal tax obligations or another loan that they took out, the child will not be responsible for paying it back.
What happens to the debt after the parent’s passing?
Naturally, debt does still have to be addressed when someone passes away. That money is still due to the credit card company, in the example used above, and that obligation does not simply disappear because someone died.Instead, that person's estate has to handle the debt. This is usually done by the estate executor, as the person who has access to the funds in the estate. They will need to communicate with creditors, settle the accounts and then distribute any assets that remain to the beneficiaries.
Navigating the probate process
Inventorying assets, paying debts and distributing inheritances to beneficiaries are all important parts of probate. While going through this process, it is very important that estate executors and family members know exactly what legal steps to take.
]]>0On Behalf of Swiren Law Firm, P.A.<![CDATA[Charitable trusts can support favorite causes]]>https://www.swirenlawfirm.com/?p=506802026-06-23T18:17:12Z2026-06-23T18:17:12ZPeople often have causes and charities that they support when they’re alive. Many may not realize that the support they provide doesn’t have to stop when they pass away. It’s possible to support favorite charities and causes through estate planning.
Charitable trusts are options for continuing support. There are two types of charitable trusts to consider if you’re interested in providing this type of support.
Types of charitable trusts
Charitable remainder trusts support loved ones first and then charities. Charitable lead trusts are the opposite – they support the charities first and then loved ones after. In both cases, term limits apply to how long the first beneficiary of the trust will receive distributions from the trust. Once that term expires, the second group of beneficiaries receives their portion of the trust. Determining which of these trusts will work for a specific situation requires thinking about the overall goal of the trust, considering estate or gift taxes and looking into how the trust can do the most good after you pass away. Charitable trusts can be challenging to set up, partially because they’re subject to strict legal standards. Failing to meet the requirements could mean that some benefits of the trust, such as tax effects, don’t function as intended. A charitable trust may not be appropriate for every estate plan, but it’s something to consider if you plan to support a charity with more than a single donation. Understanding the specifics of these trusts, such as the costs, ongoing need for management and continued legal compliance, is important. Because of all this, it might be best to work with someone familiar with these matters.
]]>0On Behalf of Swiren Law Firm, P.A.<![CDATA[Choosing a guardian for your kids in a Florida will]]>https://www.swirenlawfirm.com/?p=506782026-06-14T13:51:04Z2026-06-14T13:51:04ZNaming a guardian for your children can feel uncomfortable, so many parents delay it. Yet for Orlando families with young kids, busy careers, mortgages and competing work schedules, the question is too important to leave unsettled. A will can give the court clear guidance about who should care for your children if both parents lose the ability to do so.
Choose someone who can handle daily parenting
A good guardian is not always the person who loves your children the most. The better question is who can handle school, health care, discipline, transportation and daily routines.Think about school routines, health care decisions, transportation, discipline and the person’s overall temperament under pressure. For families in east central Florida, location can also matter because grandparents, cousins, church ties and familiar support systems may help children adjust after a major loss.
Look past family pressure
Parents often feel pressure to name a sibling, parent or close friend because everyone expects it. That expectation should not control the decision. The person you choose should share enough of your values to raise your children in a way that feels familiar and stable.It also helps to ask direct questions before naming anyone. A guardian should understand the emotional responsibility, possible financial strain and long-term commitment before accepting the role. That conversation may feel awkward now, but it can prevent confusion later.
Separate caregiving from money management
The person who would raise your children does not have to be the same person who manages their inheritance. Some parents trust one relative with daily care but prefer another person or trustee to handle life insurance, savings, real estate or trust funds.A thoughtful wills and trusts plan can divide those jobs so your children receive care and financial oversight. That structure can reduce pressure on one person and may lower the risk of family conflict.
Put the choice in proper legal form
Florida law allows parents to nominate a preneed guardian for a minor child through a written guardian declaration. The declaration must identify the parents, guardian and child, and the parents must sign it with at least two witnesses present.A will can also tell the court whom you prefer. The court still reviews the choice and can reject someone whose appointment would not serve the child’s interests. Clear documents, however, give the judge better direction than relatives arguing during an emergency.
Name backups and revisit the choice
Your first choice may move, develop health issues, face financial strain or become less connected to your children over time. Naming at least one backup keeps the plan from failing if your preferred guardian cannot serve.Parents should also review this decision after major changes, such as a new child, divorce, relocation or a serious illness in the family. A guardian choice that made sense five years ago may no longer match your children’s needs.
Put your choice into a real plan
After you choose a guardian, talk with that person, name at least one backup and put the choice in a legally valid document. A conversation alone does not give the court clear direction. The stronger next step is to create or update your will or guardian declaration so your documents clearly state your wishes before your family ever needs them.]]>0