Swiren Law Firm P.A.Swiren Law Firm P.A.2026-07-26T16:02:56Zhttps://www.swirenlawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1103210/2023/05/cropped-SwirenLawFirm-site-icon-32x32.pngOn 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.]]>0On Behalf of Swiren Law Firm, P.A.<![CDATA[3 reasons people do not write a will]]>https://www.swirenlawfirm.com/?p=506762026-06-09T15:15:10Z2026-06-09T15:15:10ZWould you say that writing a will or an estate plan is important? Have you done so yet?
When most Americans are asked these questions, they do acknowledge that an estate plan is an important piece of documentation. But at the same time, the majority of them have not written a will yet. Let us look at three reasons why this happens.
They do not think it is necessary
Some people, especially if they have a low level of assets, do not think they need an estate plan. But the key thing to remember is that an estate plan can also address future medical needs or distribute family heirlooms, so a high net worth is not a necessity.
They do not know how to start
Often, people do not know what documents they need, how to write a will, where to file it, whether they need someone to witness it and much more. This is when it can be helpful to work with an experienced attorney to get the process underway.
They are putting it off until they are older
One of the top reasons, however, is simply procrastination. People do plan to write a will, but they have not done it yet. Maybe they plan to write it when they retire from their career, for example.But this is a very risky decision. If someone passes away unexpectedly, does that mean their family will not have any guidance? It may be better to write a will early and then update it as circumstances change, rather than procrastinating.
Getting started with your estate plan
If you do not yet have an estate plan, this helps to demonstrate some of the issues your family could face. To get started with creating an estate plan this year, just take the time to carefully look into the legal steps you will need to take.
]]>0On Behalf of Swiren Law Firm, P.A.<![CDATA[What is a Totten trust?]]>https://www.swirenlawfirm.com/?p=506712026-05-26T16:52:58Z2026-05-26T16:52:58ZOne of the first steps of setting up an estate plan is getting an account of the assets you have so you can decide who will receive which ones as their inheritance. As you’re making that list, you will likely notice bank, savings, and investment accounts. Those don’t necessarily have to be placed in your will. Instead, they can be handled through a Totten trust.
A Totten trust is also known as a payable-on-death designation. It’s a revocable trust that you set up with the financial institution. Once you set it up, it remains in effect until you pass away, close the account or change the designation.
What does the Totten trust do?
Once you set up the trust, you will be able to use the account as you normally would. The person you name in the Totten trust doesn’t have access to the account unless you name them as an account holder or authorized user. When you pass away, the beneficiary can access the account without having to go through the probate process. They will typically have to bring a copy of your death certificate and their photo identification to gain access.
What else should you know?
The accounts that are governed by a Totten trust don’t need to be named anywhere else in the estate plan. Having them named in the will, for example, can lead to problems if you change the designation on the Totten trust but forget to change it in the will. A Totten trust is only one part of a comprehensive estate plan. Getting the full plan together may be easier if you work with someone familiar with these matters. ]]>0On Behalf of Swiren Law Firm, P.A.<![CDATA[3 times you need to take extra care with your estate plan]]>https://www.swirenlawfirm.com/?p=506682026-05-13T18:01:12Z2026-05-13T18:01:12ZUnexpected unequal division
Let’s say you have four adult children who are each expecting an equal share of your estate. You are not obliged to split things equally, but varying from an equal split could arouse suspicion amongst those who feel they lost out. They may believe that those benefit at their expense convinced you to divide assets unequally.
Unexpected beneficiaries
Perhaps your family lives far away, so they do not realize just how much the caregiver who visits you each day does for you. If you were to leave this nurse something in your will, it’s possible the family members may not understand your reasoning. They may think that the caregiver exploited your dependence to convince you to write her into your will.
If your health is fading
Having the mental capacity to make an estate plan or alter it at the time you do so is key to the plan holding up if questioned in court. If you do not get around to making a plan until you are already becoming a bit forgetful of names and faces, or alter it the week after a nasty car crash that leaves you with a brain injury, others who disagree with the estate plan might claim you lacked the necessary capacity to know what you were doing.
Communicating with your family about your estate planning choices, even if it's uncomfortable, can let them know that they are indeed yours. Having experienced legal guidance while creating or modifying your estate plan can help you understand other steps that may be worth taking to reduce the chance of a challenge to your estate plan later.]]>0On Behalf of Swiren Law Firm, P.A.<![CDATA[How long do creditors have to make probate claims in Florida?]]>https://www.swirenlawfirm.com/?p=506662026-04-29T16:01:58Z2026-04-29T16:01:58ZThe type of notice determines the timeline
Conducting a thorough financial review and sending direct written notice to known creditors can significantly speed up the probate process. Generally speaking, creditors that receive direct notice only have 30 days in which to file a claim for repayment.
However, creditors that do not receive direct notice from the personal representative have longer to request repayment. Personal representatives usually need to allow three months after the date of publication for outside parties to send claims for repayments.
Personal representatives then use estate resources to pay the valid claims in the appropriate order of priority. Proper payment order is critical in cases involving insolvent estates where there may not be enough capital to pay every debt owed by the decedent.
Personal representative who make mistakes with resource management and debt repayment can sometimes face personal liability for errors during probate proceedings, making adherence to the law and proper guidance critical for their protection. Working with a probate lawyer makes it easier for personal representatives to understand and fulfill all of their obligations.]]>0On Behalf of Swiren Law Firm, P.A.<![CDATA[Can I disinherit my spouse in Florida?]]>https://www.swirenlawfirm.com/?p=506622026-04-17T11:21:09Z2026-04-17T11:08:47ZYou might assume that your estate plan belongs entirely to you. Many people believe they can decide who receives their assets after death without restrictions. However, Florida law provides specific protections for surviving spouses that limit your ability to cut them out completely. Knowing these rules can help you avoid surprises and plan more effectively.
What is Florida's elective share protection?
Florida gives surviving spouses a right to claim a portion of the deceased spouse's estate regardless of what the will says. This protection exists even if your will explicitly states that your spouse receives nothing:
Elective share amount: A surviving spouse can typically claim 30% of the elective estate, which includes various assets you owned or controlled.
Broad asset inclusion: The elective estate often encompasses more than probate assets and may include life insurance, retirement accounts and certain transfers made during your lifetime.
Time limits: A surviving spouse generally has six months from receiving formal notice to file an elective share claim.
Waiver option: Spouses can give up this right through a valid prenuptial agreement or postnuptial agreement signed before death.
Your spouse must choose to claim the elective share. The law does not automatically grant them this portion without action on their part.
Can I plan around spousal protections?
You cannot completely disinherit a spouse through your will alone in most cases. However, several planning strategies might address your goals while respecting Florida law:
You and your spouse could sign a marital agreement where both parties voluntarily waive certain inheritance rights
Some couples structure their assets and beneficiary designations to satisfy the elective share requirement while directing other property according to their wishes
Tricky family situations can benefit from careful estate planning that accounts for Florida's spousal protections. Legal guidance from a source you trust can help you create an estate plan that fulfills your goals. It can also help you stay within state requirements and avoid potential challenges from your surviving spouse.]]>0