Swiren Law Firm P.A.Swiren Law Firm P.A.2026-06-02T14:37:13Zhttps://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[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.]]>0On Behalf of Swiren Law Firm, P.A.<![CDATA[Overwhelmed by the probate process? It’s OK]]>https://www.swirenlawfirm.com/?p=506602026-04-13T16:46:05Z2026-04-13T16:46:05ZMany people find that they have met their match when they try to get through the Florida probate process on their own. Don’t let that make you feel bad, however.
It’s perfectly understandable that people get flustered and frustrated with the probate court system. Let’s delve into the reasons for feeling this way and how to avoid probate pitfalls.
People are still grieving
Most estates take at least a year to probate. Some take much longer. But even with simple estates, that first year without your loved one can be hard to endure. Coupled with the jobs of executor or personal representative, it can be too much to juggle.
You must answer to the heirs
If you are probating the estate alone, you are responsible for giving periodic updates and other information to the decedent’s heirs. Some of those may be your own relatives, and the relationships may be wrought by whatever baggage got dragged in from childhood. It can be a very uncomfortable position to be in.
You lack the time
Along with having a keen eye for detail, estate probaters must have the time to devote to the task. That can be hard to carve out for parents already struggling to juggle parenting with working. This new task list could wind up being the straw that breaks the camel’s back.
You don’t need a reason to seek help
You may think that by doing it all yourself, you will save the estate from an extra bill. But the costly mistakes you could make will quickly outpace the value of any savings from trying to handle tasks you are ill-equipped to manage.No one should think ill of you for seeking guidance at this fraught time.
Reach out to industry professionals
Florida estate planning professionals are worth their weight in gold. From filing the case in the right court to obtaining a judgment of possession of real property, you will have peace of mind in knowing that seasoned professionals are at the helm.]]>0On Behalf of Swiren Law Firm, P.A.<![CDATA[Understanding Florida’s probate process]]>https://www.swirenlawfirm.com/?p=506542026-03-24T07:09:25Z2026-03-24T06:52:13ZWhat happens during probate?
When your loved one passes away, their estate will go through a court-administered distribution process. Also known as probate, this procedure begins when you file your deceased loved one’s will with the probate court.
A judge will assess their legal document's validity and appoint their named “executor” or personal representative. This person will manage the estate and fulfill the deceased’s last wishes.
Once your loved one’s executor accomplishes their tasks and files for discharge, the court will issue an order that officially closes off their estate.
Are there assets that are exempt from probate?
Yes, there are assets that can bypass probate. If your loved one has trust-owned property, transfer-on-death deeds, life insurance policies and retirement accounts, their designated beneficiaries will receive them without probate.
A helping hand in times of difficulty
Managing your loved one’s probate while you are still grieving is an emotionally challenging experience. To help unload some burden off your shoulders, seek support from legal counsel. With their skills and experience, they can provide clarity to your concerns, assist the executor with their duties and guide your family through the whole process.]]>0On Behalf of Swiren Law Firm, P.A.<![CDATA[Protecting seniors from financial exploitation]]>https://www.swirenlawfirm.com/?p=506522026-03-11T09:00:24Z2026-03-13T12:57:56ZWhat is financial exploitation?
Financial exploitation happens when a person uses or controls an older adult’s money, assets or property for their own benefit without the older adult’s clear permission. In some cases, the harm comes from strangers running scams. In others, it may involve someone your loved one knows, such as a caregiver, friend or relative.
Exploitation can take many forms. Someone might pressure your parent or relative to sign financial documents, gain access to bank accounts without permission or encourage large gifts or transfers of money. Because many seniors rely on others for help with finances, it may be difficult to recognize when assistance crosses the line into exploitation.
Warning signs families should watch for
Certain warning signs can raise concerns about possible exploitation. These can include:
Unusual withdrawals or transfers from financial accounts
Sudden changes to wills, trusts or beneficiary designations
Unpaid bills despite available funds
New individuals becoming heavily involved in financial decisions
Missing financial documents or unexplained property changes
As a family member or caregiver, you may be in the best position to notice changes in your loved one’s financial situation.
Legal tools to consider
You may look at planning tools that allow trusted individuals to assist with financial matters if a senior becomes vulnerable. Examples include durable powers of attorney, trust arrangements and guardianship in situations where a court appoints someone to manage financial affairs.
Staying aware and involved
Financial exploitation can be difficult to detect, especially when it involves someone your loved one knows or trusts. Staying aware of financial changes and maintaining regular communication with your aging parent or relative may help you notice potential concerns earlier.
Understanding common warning signs and the planning tools families sometimes use can help you stay informed and better support your loved one as they grow older.]]>0On Behalf of Swiren Law Firm, P.A.<![CDATA[What is Medicaid estate recovery?]]>https://www.swirenlawfirm.com/?p=506502026-03-01T23:57:43Z2026-03-01T23:57:43ZBenefit repayment is typically mandatory
The federal government imposes numerous obligations on states for their Medicaid programs. Estate recovery efforts are among those federal requirements.
After a Medicaid recipient who received long-term care passes, the state must attempt to recover the value of the benefits they received with an estate claim. Any resources in the name of the person who died are vulnerable to recovery efforts.
Most people must diminish their holdings substantially to qualify for Medicaid, but their homes do not prevent them from securing benefits. Unfortunately, an individual's residence is vulnerable to estate recovery efforts after they die unless they plan appropriately in advance.
Proper Medicaid planning at least five years before an individual applies for benefits can speed up the approval process when people need benefits and can protect their resources from recovery efforts after they die.
An effective Medicaid plan takes pressure off of aging individuals who may eventually require daily support from others. Medicaid planning also preserves resources for family members after a person dies. Working with a lawyer to optimize Medicaid eligibility and limit recovery risk can be helpful for those concerned about long-term care costs as they age accordingly.]]>0On Behalf of Swiren Law Firm, P.A.<![CDATA[What families should know about Florida ancillary probate]]>https://www.swirenlawfirm.com/?p=506472026-02-12T09:30:29Z2026-02-12T09:30:29ZUnderstanding when Florida ancillary probate may apply
You may encounter ancillary probate when the person who passed away lived outside Florida but owned property in Florida. State rules may also treat debts owed by Florida residents or liens tied to Florida property as assets connected to the state.
Ownership details can affect what happens next. Property held in one name may lead to a Florida filing. Joint ownership or beneficiary designations may change what steps apply.
Preparing for procedural requirements within the Florida court system
You may need approval from a Florida probate court before you act on Florida property. This approval may come as letters of ancillary administration. Florida law may give priority to the person named in the will or to the representative handling the main case in another state. Still, you may need to meet Florida’s requirements first.
If you live outside Florida, state rules may limit who can serve as a personal representative. Because of that, eligibility may matter early. You may also need certified copies of key documents from the main probate case.
Anticipating practical considerations that may affect estate administration
You may want to review several practical factors that can affect coordination between Florida ancillary probate and the primary case, including:
Coordinating two court timelines
Gathering certified probate records
Tracking Florida notices and claims
Clearing the title before any transfer
These considerations may shape planning decisions and help you set realistic expectations as the administration moves forward.
Points to keep in mind as Florida ancillary probate arises
Florida ancillary probate may add a Florida step to the process you already handle. As you continue, you may want to watch for differences in court rules, required filings or timing between states. You may also keep track of who has authority to act on Florida property and whether local documents or approvals may affect next steps.]]>0On Behalf of Swiren Law Firm, P.A.<![CDATA[When a will and a life insurance policy disagree]]>https://www.swirenlawfirm.com/?p=506452026-02-11T11:31:58Z2026-02-11T11:31:58ZIn some cases, a person passes away, and family members and other beneficiaries find that there are differences between their estate planning documents. There may be a conflict between a life insurance policy and a will, for example.
Say that an elderly person took out a life insurance policy for $1 million. They named one of their children as the beneficiary who should receive the payout from the life insurance provider once they have been given proof that the elderly person has passed away.However, in that person’s estate plan, the will says that the $1 million should be split between multiple beneficiaries. Maybe there are multiple siblings who should divide it equally, or perhaps certain amounts are allotted for grandchildren and other extended family members.
The life insurance beneficiary designation takes precedence
What generally happens is that the life insurance provider will simply pay the listed beneficiary on their forms. That beneficiary designation takes precedence over anything that was written in the will or other estate planning documents.This can often lead to conflicts between family members. If only one person was listed and they receive the entire sum, they do still have the option to voluntarily share it with the other beneficiaries noted in the estate plan. But if they decide to keep the entire amount to themselves, this can lead to conflicts with others who believe that they are entitled to a portion of the payout.Not only is it important to correctly draft estate planning documentation to avoid these disputes, but it is also crucial for those going through such a dispute to know what legal options they have to seek an appropriate resolution.]]>0