When someone dies with an ex-spouse still named as the beneficiary on their life insurance policy, families are often shocked by what actually happens. Many assume divorce wipes out the ex-spouse’s rights automatically—but that isn’t always true. In fact, in some situations the ex-spouse still receives the full payout.

Here’s a clear explanation of how this works under Florida law, and what to expect when this situation appears during probate.

Private vs. Employer-Provided Policies: The Key Difference

Before anything else, you must determine what type of policy you’re dealing with. Everything hinges on this.

Private life insurance policies (non-ERISA)

Under Florida Statute § 732.703, if the policy owner divorces after naming their spouse as beneficiary, the law generally treats the ex-spouse as if they predeceased the insured.

Unless one of the following happened:

- The divorce judgment required the ex-spouse to remain beneficiary

- The parties signed an agreement to keep the ex-spouse as beneficiary

- The insured re-designated the ex-spouse after the divorce

If Florida’s statute applies, the insurance company pays the contingent beneficiary.If no contingent is named, the proceeds go to the estate.

Employer-provided or ERISA-governed policies

These follow federal law, not Florida law.And under federal law, the named beneficiary receives the payout—even if they are the ex-spouse.

This is one of the biggest surprises families run into.

Does the Divorce Judgment Mention Life Insurance?

Some marital settlement agreements require one spouse to:

- Maintain life insurance, and/or

- Keep the former spouse as the beneficiary

If the insured later changes the beneficiary, the policy may pay the person currently listed—but the ex-spouse can sue the estate to enforce the agreement. Courts can impose a constructive trust on the proceeds to honor the divorce judgment.

If the divorce judgment contains any language about life insurance, it must be reviewed carefully.

Timeline Matters: Before or After the Divorce

It’s important to determine:

- When the beneficiary designation was made

- Whether the insured updated the designation after the divorce

- Whether the insured remarried

- Whether any backup beneficiaries exist

A fresh designation naming the ex-spouse after the divorce overrides Florida’s revocation statute.

What If You Represent the Ex-Spouse?

Key question:

“Was the policy employer-provided?”

- If ERISA → The ex-spouse likely gets the proceeds.

- If private → The ex may be revoked unless the divorce judgment protects them.

If the divorce required the insured to maintain the ex as beneficiary, they may still have a claim even if not listed.

What If You Represent the New Spouse or Children?

Your first step is the same: determine whether the policy is private or ERISA.

- Private policy → Good chance the ex is voided.

- ERISA policy → The ex is probably still entitled.

- Backup beneficiaries become important if the ex is voided.

- If the proceeds fall into the estate, probate may become more complex.

Conclusion

When an ex-spouse is named as beneficiary on a life insurance policy, Florida law does not give a one-size-fits-all answer. The key questions are:

- Is the policy private or employer-provided?

- Does the divorce judgment address life insurance?

- Was the ex re-designated after the divorce?

If you have questions about a life insurance issue involving a former spouse, or need help navigating how this affects a probate administration, contact Bart Scovill, PLC. We help families throughout Florida understand their rights and obligations during these situations.

Disclaimer:This article is provided for general informational purposes only and is not intended as legal advice. Reading this article does not create an attorney-client relationship. Life insurance beneficiary issues can be highly fact-specific, particularly when divorce, federal law, or prior court orders are involved. You should consult with a qualified attorney regarding your specific situation before taking any action. https://scovills.com/?p=3404

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When it comes to protecting your family and your future, choosing the right estate planning attorney is one of the most important decisions you’ll make. A well-designed estate plan can provide peace of mind, reduce taxes and expenses, and prevent disputes down the road — but only if it’s done correctly. Here’s what to look for when choosing an estate planning attorney in Florida.

1. Look for Experience in Florida Estate Planning

Estate planning laws vary from state to state, and Florida has some unique rules — especially regarding homestead property, elective share, and trust administration. Look for an attorney who focuses on Florida estate planning rather than one who merely offers it as a side service.Ask how long they’ve practiced in this area and whether they routinely prepare wills, trusts, and related documents for Florida residents.

2. Make Sure the Attorney Understands Your Goals

A good estate plan isn’t one-size-fits-all. Your attorney should take time to understand your family dynamics, financial situation, and long-term wishes.During your consultation, notice whether the attorney:

- Listens carefully before offering advice

- Explains options clearly, without legal jargon

- Tailors recommendations to your circumstances

If you feel rushed or confused, keep looking.

3. Ask About Their Process and Fees

Estate planning should be a collaborative and transparent process. Before hiring an attorney, ask about:

- The planning process: How many meetings are involved? Who drafts and reviews the documents?

- Flat fees vs. hourly rates: Many estate planning attorneys offer flat-fee packages that include common documents such as wills, trusts, and powers of attorney.

- Ongoing support: Does the attorney help update your plan after life changes or law updates?

4. Check Communication and Accessibility

You want an attorney who is responsive and approachable. Estate planning often involves sensitive family matters, and you should feel comfortable reaching out with questions.Check how the office handles communication — do they offer phone, email, or text options? Are calls returned promptly? A caring, organized office can make all the difference.

5. Read Reviews and Ask for Referrals

Online reviews and client testimonials can reveal a lot about an attorney’s professionalism and client service. You can also ask trusted friends, financial advisors, or other professionals for referrals.Look for consistent themes — such as clarity, patience, and attention to detail — that signal a trustworthy attorney.

6. Choose Someone You Feel Comfortable With

Estate planning is personal. You’ll be sharing information about your assets, family, and future wishes. The right attorney will make you feel at ease, respected, and confident that your plan reflects your intentions.

Conclusion

A well-chosen estate planning attorney can help you protect your loved ones and avoid unnecessary stress in the future.If you’re ready to start your plan or review an existing one, contact Bart Scovill, PLC for guidance tailored to your family’s needs. Our firm is focused on Florida wills, trusts, and probate and provides friendly, individualized service at fair rates.

Disclaimer:This article is for general informational purposes only and is not intended as legal advice. Reading this article does not create an attorney-client relationship. Estate planning laws vary based on individual circumstances, and you should consult with a qualified Florida attorney regarding your specific situation before taking any action. https://scovills.com/?p=3400

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For years, forming an LLC was the default advice for owning investment property. That advice is no longer as simple as it once was. In Florida, reassessment of property values, higher insurance costs, and increased administrative burdens have made LLC ownership less attractive for many small and mid-size real estate investors.

The good news is this: an LLC is not the only way to manage liability risk. In many cases, traditional tools—used correctly—can provide meaningful protection without triggering reassessment or unnecessary expense.

Why LLCs Are Losing Their Appeal for Rental Property Owners

An LLC can still make sense in the right circumstances, but investors are increasingly running into problems:

- Property tax reassessment risk when property is transferred into or out of an LLC

- Higher insurance premiums for LLC-owned residential property

- Financing issues, including loss of homestead-style protections and less favorable loan terms

- Ongoing costs and compliance, even for a single rental property

For owners of one or two properties, these drawbacks often outweigh the perceived liability benefits.

Alternative #1: Proper Insurance (The First Line of Defense)

Insurance has always been the foundation of liability protection, and it remains the most practical solution for most landlords.

Landlord Insurance

A standard homeowner’s policy is not enough for rental property. A landlord policy typically includes:

- Property coverage

- Liability coverage

- Loss of rental income

Umbrella Liability Policies

An umbrella policy sits on top of your landlord insurance and provides additional coverage—often in $1 million increments—at a relatively modest cost.

Reality check: Many claims never reach personal assets because adequate insurance resolves them long before litigation becomes existential.

Alternative #2: Title Ownership Strategies (Old School, Still Effective)

Sometimes the way property is titled can meaningfully reduce exposure.

Tenancy by the Entirety (Married Couples)

For married couples, holding rental property as tenants by the entirety can protect the property from the creditors of just one spouse.

This protection:

- Exists under Florida law

- Does not require an LLC

- Does not trigger reassessment on its own

It’s not perfect protection, but it’s real protection.

Alternative #3: Revocable Trusts (Limited Liability, Major Control Benefits)

A revocable trust does not provide full liability protection like an LLC—but that’s not the point.

Trust ownership can:

- Avoid probate

- Preserve continuity of management at death or incapacity

- Keep ownership private

- Avoid reassessment that might occur with LLC transfers

When paired with strong insurance, trusts are often a cleaner, more flexible option for long-term ownership and succession planning.

Alternative #4: Segregation Without an LLC

For investors with multiple properties, risk can sometimes be managed by segregation, not entity formation.

Examples include:

- Higher insurance limits on higher-risk properties

- Separate policies for different properties

- Conservative lease drafting and strict maintenance protocols

This approach avoids the domino effect where one poorly structured LLC exposes everything tied to it.

Alternative #5: When an LLC Still Makes Sense

This article is not anti-LLC. It’s anti-automatic-LLC.

An LLC may still be appropriate when:

- The property is commercial or multi-unit

- There are multiple unrelated owners

- The property is already reassessed and insured accordingly

- Significant operational risk exists

The key is intentional use—not reflexive use.

The Bigger Picture: Liability Protection Is a System, Not a Document

Too many investors believe one document solves every problem. That mindset causes more harm than good.

True liability protection comes from:

- Adequate insurance

- Thoughtful titling

- Good maintenance and management practices

- Proper estate planning integration

When these pieces work together, the need for an LLC often becomes far less compelling.

Conclusion

LLCs are no longer the default solution for Florida investment property ownership—and for many landlords, they never should have been. With reassessment risks and rising costs, it’s time to return to fundamentals.

If you own rental property in Florida and are questioning whether your current structure still makes sense, it’s worth reviewing your options before making a costly move. If you have questions about liability protection, titling, or integrating rental property into an estate plan, contact Bart Scovill, PLC to discuss a strategy that fits your situation.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. This office does not provide tax advice. https://scovills.com/?p=3396

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Each new year brings questions about whether estate planning laws have changed and whether existing documents are still effective. For 2026, the answer is reassuring: there were no sweeping Florida changes, but there are updated federal tax numbers and a few recurring planning issues that continue to affect many Florida residents—especially those with older, do-it-yourself, or out-of-state estate plans.

This article explains the key 2026 updates and highlights situations where a review may be worthwhile.

Federal Estate Tax Exemption for 2026

Updated Number, Same Practical Reality for Most Families

For 2026, the federal estate and gift tax exemption (basic exclusion amount) is $15,000,000 per individual. Married couples can often preserve roughly $30,000,000 with proper planning.

A few practical points:

- This is a per-person exemption.

- Portability may allow a surviving spouse to use a deceased spouse’s unused exemption if the proper steps are taken.

- For most Florida families, federal estate tax exposure remains unlikely. Estate planning in 2026 continues to focus far more on control, protection, incapacity planning, and ease of administration than on federal tax avoidance.

Annual Gift Tax Exclusion for 2026

For 2026, the annual gift tax exclusion is $19,000 per recipient (per donor).

In practical terms:

- You may gift up to $19,000 to any individual in 2026 without filing a gift tax return.

- Married couples can gift up to $38,000 per recipient if both spouses participate (gift-splitting rules apply).

- Gifts above that amount typically require reporting, not immediate tax.

Used thoughtfully, gifting can be a helpful tool. Used casually, it can create unintended tax reporting issues—or, in some families, unintended fairness problems.

Florida Estate Planning Law: What Continues to Trip People Up

Homestead and Trust Ownership Issues

Florida homestead law did not change in 2026. However, homestead continues to be one of the most common problem areas we see when reviewing estate plans prepared elsewhere.

Issues typically arise when:

- A trust was created using generic or online forms

- An out-of-state plan was never adapted to Florida law

- A home was transferred into a trust without reviewing Florida homestead restrictions

- Trust language accidentally requires or permits a sale of homestead property

These are not “new” problems—and they are usually avoidable. Proper Florida estate planning accounts for homestead rules at the drafting stage. Problems most often appear when those rules were never reviewed in the first place.

Trust Funding Remains a Common Breakdown Point

A trust that does not own assets generally does not avoid probate.

Many people have valid trusts on paper but never completed the funding process. Common examples include:

- Real estate still titled individually

- Bank accounts never moved into trust

- Beneficiary designations that contradict the trust plan

This is not a legal change—it is an execution issue that continues to surface year after year.

Powers of Attorney and Financial Institutions

Banks and financial institutions remain cautious when accepting powers of attorney. This is especially true for:

- Older documents

- Non-Florida powers of attorney

- Documents lacking specific statutory authority language

Even when a document is technically valid, it may still be impractical if it’s drafted in a way that institutions routinely reject.

Digital Assets: Still Frequently Overlooked

Estate plans often fail to address:

- Online banking access

- Cloud-stored documents and photos

- Cryptocurrency and digital wallets

- Subscription-based financial accounts

Florida law allows planning for digital assets—but only if the documents grant the proper authority. Many older plans are simply silent on this issue.

When a Review Is Worth Considering

A review may be appropriate if:

- Your estate plan was prepared outside Florida

- You used online or non-lawyer documents

- You acquired or sold real estate

- Your family circumstances changed

- Your documents are several years old and have never been revisited

In many cases, the plan itself is not “wrong”—it is just incomplete or not tailored for Florida-specific issues.

Final Thoughts

The 2026 estate planning landscape is stable, not urgent. Federal numbers updated, Florida law stayed consistent, and most problems continue to stem from documents that were never properly tailored to Florida in the first place.

If you are unsure whether your current estate plan fully accounts for Florida law, homestead rules, or proper trust funding, Bart Scovill, PLC can help you evaluate whether a review makes sense for your situation.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice or tax advice. Reading this content does not create an attorney-client relationship. https://scovills.com/?p=3393

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When you’re dealing with the loss of a loved one, the last thing you want is added frustration with your probate attorney. But sometimes, changing attorneys is the right decision. Whether communication has broken down, progress has stalled, or you simply feel uncomfortable with how things are handled, Florida law allows you to replace your probate attorney — even mid-case. Here’s what you should know before making that change.

Your Right to Choose Your Attorney

In Florida, a personal representative (executor) is entitled to hire and, if necessary, replace the attorney handling the estate. This means you can terminate your current attorney and retain another at any point. However, it’s important to understand how that transition works and what it might cost.

When you change attorneys, your original lawyer is usually entitled to be paid for the work already completed. These fees are typically approved by the probate court and paid from the estate — not from your personal funds — as long as the work benefited the estate.

Common Reasons for Replacing a Probate Attorney

There are many legitimate reasons why someone might choose to switch counsel during a probate case. Some of the most common include:

- Poor communication – You’re not receiving updates or explanations.

- Lack of progress – The estate seems stalled without clear reason.

- Differences in approach – You disagree with how matters are being handled.

- Unclear billing – You don’t understand the fees or what they cover.

- Loss of trust – You no longer have confidence in your attorney’s judgment or advocacy.

If any of these issues resonate with you, it may be worth consulting another probate attorney for a second opinion before making a final decision.

The Benefits of Switching Attorneys

Changing attorneys can offer several advantages:

- Better communication and responsiveness – A new attorney may offer clearer updates and more direct access.

- Fresh perspective – A different attorney can quickly identify issues or opportunities previously overlooked.

- Renewed confidence – Feeling supported and understood can greatly reduce stress during probate.

- Improved efficiency – A proactive attorney can help move the process forward faster and more smoothly.

Potential Drawbacks to Consider

However, replacing your probate attorney isn’t always simple. Consider the potential downsides:

- Delays in the case – It takes time for a new attorney to review the file and catch up.

- Duplicate fees – The new attorney may need to redo or verify prior work.

- Court approval delays – In some cases, a notice of substitution of counsel must be filed with the court, which may momentarily pause activity.

- Limited recovery of prior fees – If you believe your prior attorney overcharged or mishandled matters, recovering those funds can require additional legal action.

The decision should balance your desire for better representation with the practical realities of cost and time.

How to Change Attorneys in a Florida Probate Case

If you decide to move forward, the process is straightforward but must be done correctly:

- Consult a new attorney – Meet with a Florida probate attorney who can review your case and explain what’s involved in the transition.

- Sign a substitution or withdrawal agreement – Your new attorney will typically prepare the necessary paperwork for court approval.

- Request your file – You’re entitled to receive a copy of the full probate file and all related documents.

- File notice with the court – The new attorney will notify the judge and all interested parties of the change.

- Continue administration seamlessly – Once the transition is approved, your new attorney can pick up where the last one left off.

Final Thoughts

Replacing a probate attorney is never a decision to take lightly — but sometimes, it’s necessary to protect both the estate and your peace of mind. If you’re uncertain whether it’s time to make a change, consider getting a second opinion first.

If you have questions about your Florida probate case or want to discuss whether changing attorneys makes sense for your situation, contact Bart Scovill, PLC for a consultation. Our firm is dedicated to helping families navigate probate with clarity and confidence. https://scovills.com/?p=3336

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It’s common for Florida parents to place their home into a revocable trust to “avoid probate.” Unfortunately, when that home is their Florida homestead and they have minor children, doing so can actually create more problems than it solves.

Florida’s Constitution gives strong protections to the family home, and those protections can override even the best-drafted trust. Parents who deed their homestead into a trust before their children reach adulthood may leave their family in a complicated legal situation when both parents pass.

The Florida Constitutional Rule That Overrides Your Trust

Under Article X, Section 4 of the Florida Constitution, a homestead cannot be devised (left by will or trust) if the owner is survived by a spouse or minor child.

That means even if your home is titled in a revocable trust, the trust cannot control it if a minor child survives you. The home immediately falls outside the trust’s control and instead passes according to Florida’s homestead laws.

This restriction exists to protect families — but it can also derail well-intentioned estate planning.

The Complicated Process That Follows

When both parents pass and a minor child survives, a Petition to Determine Homestead Status must still be filed in probate court, even though the home was in the trust.

Here’s what typically happens:

- A probate proceeding must be opened.A petition is filed to determine that the home qualifies as protected homestead.

- The petition can’t be finalized right away.The court usually delays the final order until after the 90-day creditor period ends, because all interested parties must first have a chance to be notified.

- Someone must maintain the home in the meantime.The trustee or surviving family members usually continue paying the insurance, taxes, and upkeep, even though the trustee has no authority to sell or distribute the property.

- When the order is finally entered, title passes directly to the heirs.If a minor child is among them, the court may require a guardianship of the property until the child turns 18.

This process can take months — sometimes longer — and often causes confusion because the home appears to belong to the trust on paper, but the trustee can’t actually manage it.

Why the Trustee’s Hands Are Tied

Once a Florida homestead passes to a surviving minor child, the trustee’s authority ends at the front door.

The trustee cannot:

- Sell the property

- Use it to pay estate debts

- Follow the trust’s distribution terms

The Constitution prohibits it. Even if the trust language says otherwise, Florida law wins every time.

The Real-World Impact on the Family

Families are often caught off guard by this situation. While the intention was to “make things easier,” what actually happens is:

- A probate must still be opened to determine homestead.

- The trust can’t manage or sell the home, even for the child’s benefit.

- A guardianship may be required, adding more cost and oversight.

- Estate administration becomes more complicated, not less.

In short, what was supposed to avoid probate ends up creating more of it.

A Better Way to Plan for Minor Children

Parents with minor children can still plan effectively — just differently. Consider these options:

- Wait to deed the home into the trust until your youngest child turns 18.

- Keep the home in your individual names and use your will to express your intent for the homestead to be transferred to the trust after the children reach adulthood.

- Review your plan regularly as your children grow, so it can be updated once the homestead restrictions no longer apply.

By waiting, you avoid the risk of the trust being overridden and protect your family from unnecessary court involvement.

The Bottom Line

Florida’s homestead protections are powerful — and inflexible. Once a minor child is involved, the Constitution, not your trust, decides what happens to your home.

If you currently have minor children and your home is titled in your revocable trust, this is an important time to revisit your plan.

Talk to a Local Attorney Who Understands Florida Homestead Law

Every family’s situation is different, but one thing is certain: placing a Florida homestead into a trust while you still have minor children is rarely a good idea.

If you’d like to review your estate plan or correct an existing deed, contact Bart Scovill, PLC, serving Sarasota, Lakewood Ranch, Bradenton, and Venice. https://scovills.com/?p=3318

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Rising health insurance costs aren’t new, but what’s happening now is different. Subsidies are shrinking or disappearing, premiums are jumping, and many families—especially those dealing with serious medical conditions—are facing impossible choices. You can’t control Congress or the insurance companies, but you can control how prepared your family is when the system gets shaky.

This article isn’t about politics. It’s about recognizing what’s coming and making sure your legal planning keeps your finances and your healthcare decisions on solid ground.

What’s Driving the Crisis?

1. Loss of Temporary Subsidies

For years, expanded federal subsidies kept premiums manageable for middle-income households. Those temporary incentives are rolling back, and many Floridians are seeing their premiums double—or worse.

2. Higher Premiums for Anyone With Medical Risk

Insurers can’t deny coverage for pre-existing conditions, but they can (and do) raise premiums across the board. Families managing chronic or serious medical conditions are feeling the squeeze the most.

3. Fewer Affordable Private Options

Many private carriers are increasing deductibles, narrowing their networks, or leaving the market completely. That leaves families with difficult decisions and fewer safety valves.

Where This Collides With Estate Planning

Healthcare and estate planning have always been linked, but instability in the system makes that connection unavoidable.

1. Families Need Clear Authority for Medical Decisions

If insurance changes force provider switches or require fast authorization for treatment, the people handling your medical care need unquestioned legal authority. A Health Care Surrogate and HIPAA Authorization make sure there’s no delay.

2. Durable Powers of Attorney Become Even More Critical

When premiums jump or coverage changes, families often need to move money or negotiate debts quickly. A Florida Durable Power of Attorney gives someone the legal authority to act when timing matters.

3. Medical Debt Can Affect Your Estate

Estate planning won’t stop medical inflation, but it can keep a bad situation from getting worse. Proper homestead planning and well-structured trusts can help protect your family from the fallout of large medical bills.

4. Long-Term Care Planning Is No Longer Optional

If the insurance market continues to destabilize, more Floridians may find themselves paying for long-term care sooner than expected. Early planning offers more options and fewer surprises.

How You Can Make Your Voice Heard About Subsidies

Many families feel powerless when premiums spike, but you aren’t without options. Congress controls federal subsidies, and every representative and senator tracks constituent messages closely—especially when a large number of people raise the same concern.

If you believe the subsidy expansions should be extended, here are the most effective ways to reach the people who make that decision:

1. Contact Your U.S. Senator

Florida’s two U.S. Senators can be reached through:

- senate.gov → Find Your Senators → Contact Form

- Phone numbers listed directly on their official websitesWritten messages and phone calls are logged and tallied.

2. Contact Your U.S. House Representative

Your House member represents your district directly.Visit:

- house.gov → "Find Your Representative" → Enter your ZIP codeEach member has a contact form and district office phone line.

3. Keep Your Message Simple and Direct

A brief message is more effective than a long one:

- State you are a Florida resident

- Explain that health insurance costs have become unsustainable

- Ask Congress to extend or reinstate the enhanced Marketplace subsidies

Even a small number of calls can influence whether these provisions get attention.

Why “Waiting to See What Happens” Isn’t a Strategy

Crises rarely hit all at once. They build slowly, then arrive suddenly.

A subsidy expires…A premium doubles…A denial requires an urgent switch in providers…

When these events collide with a health emergency, families without clear legal authority in place can lose valuable time, money, and control. Estate planning is not just about “what happens when I’m gone.” It protects your family when life becomes unpredictable.

Conclusion

You can’t fix the health insurance crisis, but you can make sure your family isn’t left vulnerable when the system shifts under your feet. If you have questions about how rising healthcare costs might affect your estate plan, contact Bart Scovill, PLC through our website’s contact form.

Disclaimer: This article is for general informational purposes only and is not legal or tax advice. Estate planning and probate matters are fact-specific, and laws change over time. Bart Scovill, PLC does not provide tax advice. You should consult with qualified legal, tax, and financial professionals before making any decisions. https://scovills.com/?p=3384

When most people think about estate planning, they focus on real estate, bank accounts, or retirement savings. But for many Floridians, residual income—money that continues to flow in after the initial work is done—can be just as important to plan for. Residual income might come from royalties, rental properties, business interests, or even online ventures, and if it’s not addressed correctly, it could create complications for your loved ones.

What Is Residual Income?

Residual income is any ongoing stream of revenue generated after the initial effort or investment. Common examples include:

- Royalties from books, music, or patents

- Rental income from real estate

- Licensing fees from intellectual property

- Business profits from a company you own, even if you’re not actively working there

- Affiliate or digital marketing income from websites or online platforms

Unlike a one-time asset transfer, these sources often require continued management after death. That means your estate plan should clearly identify how they will be handled.

Why Residual Income Creates Special Challenges

Residual income can be tricky in estate planning because:

- Timing matters: Payments may come in monthly, quarterly, or yearly. If your plan doesn’t specify how to handle ongoing distributions, heirs may face delays.

- Management is required: Someone may need to maintain rental properties, manage contracts, or ensure intellectual property remains protected.

- Tax considerations: Residual income may create income tax obligations for your estate or beneficiaries.

- Transfer restrictions: Some business contracts or licensing agreements limit who can inherit rights or ownership.

Planning Options for Residual Income

A thoughtful estate plan can ensure that these income streams continue to benefit your family without creating unnecessary burdens. Options include:

1. Use of a Revocable Living Trust

Placing residual income assets into a trust allows for seamless management if you become incapacitated and smoother transitions after death. A trustee can continue managing the income-producing property without probate delays.

2. Successor Management for Businesses

If residual income comes from a business, identify who will step in to manage or oversee it. This could be a family member, co-owner, or professional manager. Clear instructions help prevent disruption.

3. Handling Intellectual Property

Copyrights, trademarks, and patents may continue generating royalties long after you’re gone. Your estate plan should spell out who inherits these rights and who will enforce or renew them.

4. Tax-Smart Planning

Residual income may carry unique tax consequences. For example, rental income or royalties are taxable to the recipient. Structuring these assets in a trust or entity may help simplify tax reporting for your heirs.

Keeping Beneficiaries Informed

Residual income often requires explanation to those inheriting it. For example, your children may understand a savings account but not the details of your book royalties. Including instructions in your estate plan—or a separate letter of guidance—can help them manage these assets wisely.

Conclusion

Residual income can be one of the most valuable parts of your legacy, but it requires special attention in your estate plan. Without careful planning, your loved ones may face confusion, disputes, or missed opportunities. If you have questions about how to include residual income in your estate plan, contact Bart Scovill, PLC for guidance tailored to your situation. https://scovills.com/?p=3297

Recent headlines and online ads have made many Florida homeowners fear “home title theft” — the idea that someone can steal ownership of their home with a few clicks. It’s a real type of fraud, but the actual risk is often misunderstood. Let’s look at what title theft really is, how common it is, what you can do to protect yourself, and how having your home in a trust might help.

What Is Title Theft, Really?

Title theft — sometimes called deed fraud — happens when a scammer forges your name on a deed and records it in the public records, transferring ownership to themselves or a fake buyer. They might then try to sell the property or use it to secure a loan.

Fortunately, even if a fraudulent deed gets recorded, it doesn’t mean you’ve legally lost your property. Florida law recognizes ownership based on valid transfers, not forged ones. The challenge is discovering the fraud quickly and taking legal steps to correct it.

How Common Is Title Theft?

Despite alarming marketing claims, true title theft cases are rare in Florida. Most clerks of court now use digital recording systems that track document patterns and signatures, making it difficult for fraudulent deeds to go unnoticed.

When title fraud does occur, it usually involves:

- Vacant land or investment property, not occupied homes.

- Owners who live out of state or haven’t checked their records in years.

- Identity theft used to apply for fraudulent mortgages.

Even then, law enforcement and courts can usually reverse the fraudulent filings. The key is early detection.

What Can You Do to Protect Yourself?

You can’t stop someone from filing a document in the public record, but you can make sure you’re alerted the moment it happens.

Sign Up for a Free County Property Fraud Alert

Most Florida counties now offer free property fraud alert systems. You can register your name or property and get an email or text if any document is recorded using that information.

Examples include:

- Sarasota County Clerk of Court: SarasotaClerk.com

- Manatee County Clerk of Court: ManateeClerk.com

- Hillsborough County Clerk of Court: HillsClerk.com

These alerts don’t prevent filings, but they let you act immediately if something suspicious appears.

Avoid Paid “Title Lock” Services

Many paid “title lock” or “title protection” services heavily advertise but often provide nothing more than what your county already offers for free. They can’t actually prevent a forged deed from being recorded.

Lock or Freeze Your Credit Reports

Most fraudulent property transfers are connected to stolen identities used to open loans. You can make this much harder by locking or freezing your credit with all three credit bureaus — Equifax, Experian, and TransUnion. It’s free, reversible, and doesn’t affect your credit score.

If you’re retired or rarely apply for new credit, keeping your reports frozen is an easy, permanent safeguard.

Check Your Property Records

Once or twice a year, visit your county property appraiser’s website and confirm that the ownership information and mailing address are correct. If you see any changes or unfamiliar names, contact your county clerk’s office immediately.

How a Trust Changes the Picture

When your home is titled in your revocable living trust, the deed reflects ownership by the trustee rather than by you individually. That alone can make it harder for a scammer to impersonate you or falsify ownership documents.

It’s not foolproof — a determined criminal could still record a fake deed — but the trust provides an additional layer of verification and transparency. More importantly, it keeps your estate plan organized and makes it easier for your family to act quickly if something suspicious occurs.

What to Do If You Suspect Title Fraud

If you think someone has filed a fraudulent deed or tried to claim your property:

- Check your county property appraiser’s website immediately.

- Contact the Clerk of Court and report the fraudulent document.

- File a police report and keep a copy for your records.

- Contact a Florida attorney experienced in real estate or probate matters. You may need to file a quiet title or declaratory action to clear the record.

The sooner you act, the easier it is to undo the damage.

Final Thoughts

Title theft is real but rare. With free county monitoring, locked credit reports, and a properly titled trust, you can reduce your risk to almost zero.

If you’d like to discuss placing your home in a trust or want help ensuring your property is protected, contact Bart Scovill, PLC for a review of your estate plan. https://scovills.com/?p=3339

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When preparing an estate plan, Florida residents often think about providing for loved ones living abroad. While this is a generous and thoughtful decision, naming foreign beneficiaries can add unexpected complications. From tax reporting to delays in transferring assets, it is important to understand the challenges and plan carefully to avoid problems for your heirs.

Challenges of Naming Foreign Beneficiaries

1. Tax Reporting and Withholding

U.S. tax law treats foreign beneficiaries differently than domestic heirs. In some cases, financial institutions are required to withhold a percentage of distributions to non-U.S. persons. For example, retirement accounts and certain investments may trigger mandatory withholding or income tax liability for the beneficiary.

2. Difficulty Accessing Financial Accounts

Foreign beneficiaries may face obstacles in accessing accounts due to identity verification, compliance with anti-money laundering regulations, and international banking restrictions. This can result in significant delays or, in some cases, the inability to receive funds directly.

3. Currency Conversion and Transfer Costs

When assets are distributed internationally, beneficiaries often incur high wire transfer fees, unfavorable exchange rates, and delays. These additional costs can reduce the value of what the beneficiary ultimately receives.

4. Legal and Practical Barriers

Not all countries recognize U.S. legal documents in the same way. A will or trust designed under Florida law may require additional steps to be enforceable abroad, sometimes requiring local counsel. This can slow down the administration process and increase expenses.

5. Potential Probate Complications

If foreign beneficiaries are named directly on certain financial accounts, probate in Florida may still be required to handle compliance or legal verification. In addition, coordinating with foreign institutions can complicate the process.

Recommendations for Avoiding Problems

Work with an Experienced Attorney

An estate planning attorney familiar with international considerations can help structure your plan to minimize taxes, delays, and administrative hurdles.

Consider Using a Trust

A properly drafted trust can help control the manner and timing of distributions to foreign beneficiaries. This can protect against unnecessary withholding or reporting problems and ensure compliance with both U.S. and foreign law.

Provide for Alternative Beneficiaries

In some cases, it may be appropriate to name a U.S.-based trusted individual or entity (such as a trust) to receive assets on behalf of a foreign beneficiary. This can simplify administration and ensure assets are managed according to your wishes.

Communicate with Financial Institutions

If you plan to name foreign beneficiaries on retirement accounts, bank accounts, or life insurance policies, check with the institution to confirm their procedures. Some may refuse to maintain accounts for non-U.S. persons or may impose additional requirements.

Keep Records Updated

Clear, accurate beneficiary designations and estate planning documents help reduce delays. Be sure to review them regularly, especially if your family circumstances or tax laws change.

Conclusion

Including foreign beneficiaries in your estate plan is possible, but it requires careful attention to legal, tax, and practical considerations. Without planning, your loved ones could face significant delays, costs, and tax burdens.

If you have questions about how to provide for family members outside the United States, contact Bart Scovill, PLC for guidance tailored to your situation. https://scovills.com/?p=3295

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A common myth in Florida is that a person with dementia cannot sign estate planning documents. While dementia is a serious diagnosis, it does not automatically mean someone has lost the mental ability to make decisions. Florida law looks to mental capacity—the person’s ability to understand what they are doing—at the moment they sign, not simply their medical diagnosis.

Dementia vs. Mental Capacity in Florida

Dementia is a medical condition that can impair memory, reasoning, and judgment. But “capacity” in the estate planning context is a legal concept focused on whether a person can:

- Understand the nature of the document,

- Recognize the effect of signing it, and

- Appreciate how it impacts themselves and their property.

This distinction is critical. Someone may carry a diagnosis of dementia yet still have sufficient capacity to sign valid estate planning documents during periods of clarity, often referred to as lucid intervals.

Mental Capacity Requirements for Estate Planning Documents in Florida

The standard for mental capacity depends on the type of document being signed.

Wills

To sign a valid will, a person must have “testamentary capacity.” This means they must:

- Understand they are creating a will,

- Know the nature and extent of their assets,

- Recognize the natural objects of their bounty (typically close family members), and

- Understand how the will disposes of their property.

This is a relatively low threshold compared to other documents.

Trusts

Capacity to create or amend a trust is usually held to the same standard as making a contract. The person must be able to:

- Understand the nature and purpose of the trust,

- Comprehend the effect of transferring assets into it, and

- Make rational decisions regarding its terms and beneficiaries.

This is a higher standard than a will because trusts are often treated as contracts.

Powers of Attorney

For a power of attorney, the person must have the capacity to understand the authority they are granting. This requires:

- Awareness of the powers being delegated,

- Comprehension of the risks and benefits of giving those powers, and

- The ability to make a rational decision in appointing an agent.

Designations of Health Care Surrogate

The person must understand:

- That they are giving someone authority to make health care decisions on their behalf, and

- The nature and scope of those decisions.

This standard is closer to the power of attorney standard and ensures the signer appreciates the significance of entrusting another with health care decisions.

Living Wills

For a living will, the person must be able to:

- Understand the nature of the document,

- Comprehend the medical treatments they are authorizing or refusing, and

- Appreciate the consequences of those choices.

Fluctuating Capacity and Lucid Intervals

Dementia often involves ups and downs. A person may seem confused one day but fully clear-headed the next. Florida law allows documents signed during these lucid intervals to be valid, provided the person had the required level of mental capacity at the time of signing. Attorneys often document the circumstances carefully to reduce the risk of future challenges.

Why Capacity Matters

If someone signs without sufficient capacity, the document could later be contested and invalidated. For example:

- A will might be overturned in probate,

- A trust could be disregarded, or

- A power of attorney might be rejected by financial institutions.

This can lead to delays, family disputes, and court intervention.

Conclusion

A diagnosis of dementia does not automatically prevent someone from making estate planning decisions. Florida law requires that mental capacity be assessed at the time of signing, and many people with dementia retain that ability during lucid intervals. Families should not assume incapacity without proper evaluation. If you are concerned about a loved one’s ability to sign estate planning documents, consult with an attorney promptly to review the situation and take steps to ensure documents are valid.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Every situation is different, and you should consult with an attorney regarding your specific circumstances. https://scovills.com/?p=3290

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A land trust is a special way of holding title to real estate that is sometimes used in Florida. While they can serve certain purposes, they are not a one-size-fits-all estate planning solution. Understanding how land trusts work—and when they make sense—can help you decide whether this tool is right for your situation.

What Is a Land Trust?

A land trust is an agreement where a trustee holds legal title to real estate, but the true ownership (called the “beneficial interest”) remains with one or more beneficiaries. In most cases, the trustee follows the instructions of the beneficiary, and the trust can be revoked or changed at any time.

Unlike a revocable living trust, which is designed to cover your overall estate and avoid probate, a land trust is limited to a specific property.

Why People Use Land Trusts

Land trusts are most commonly used for:

- Privacy – Only the trustee’s name appears in the public records, which can keep an owner’s name off the deed.

- Ease of Transfer – The beneficial interest in the trust can be reassigned without recording a new deed.

- Real Estate Investment – Investors may use land trusts to hold multiple properties or streamline sales and purchases.

- Partition Protection – Co-owners can agree that the property cannot be split up without consent.

Limits of a Land Trust in Florida

While land trusts can sound appealing, there are important limits to keep in mind:

- No Asset Protection – Creditors can still reach the beneficiary’s interest.

- Homestead Complications – Florida’s homestead laws make land trusts less useful for primary residences.

- Not a Probate Shortcut by Themselves – Unless combined with broader estate planning, a land trust alone will not keep property out of probate.

- Extra Complexity – Setting up and managing a land trust requires more documents and oversight than many families need.

When a Land Trust Might Make Sense

For most Florida families, tools such as a revocable living trust or an enhanced life estate deed (Lady Bird deed) are more effective for avoiding probate and protecting loved ones. However, a land trust may be appropriate if:

- You own investment property and want privacy or flexibility.

- You are co-owning property with others and want clear rules against partition.

- You are actively buying and selling real estate and want smoother transfers.

Conclusion

Land trusts are a niche tool that can be helpful in certain real estate or investment situations. For general estate planning in Florida, other options usually provide better results with less complexity.

If you have questions about whether a land trust makes sense for you—or whether another approach would better meet your needs—contact Bart Scovill, PLC for a consultation. https://scovills.com/?p=3161

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Leaving money to a child or grandchild may seem straightforward—but in Florida, things get more complicated when a minor is involved. The state has clear rules about how much a minor can inherit before court involvement is required, and those rules impact both estate planning and estate administration.

Here’s what you need to know—whether you're planning ahead or managing an inheritance that’s already been left to a child.

Florida Law: Minors and Inheritance

In Florida, a minor is anyone under age 18. Minors cannot directly inherit or take control of money—even if they’re listed as beneficiaries. Instead, the law provides different paths depending on how much is left to the minor and how it’s structured.

If the Minor Inherits $15,000 or Less

Under Florida Statutes §744.301(2), if the total value of money or property left to a minor is $15,000 or less, a natural guardian (usually a parent) can receive and manage those funds without court involvement.

This is true whether the inheritance comes from:

- A will or trust,

- A payable-on-death account,

- Life insurance or retirement account,

- A settlement or gift.

Conditions:

- The $15,000 cap is cumulative. If multiple gifts or sources exceed the total, court-supervised guardianship may still be required.

- The natural guardian does not have to be court-appointed, but they are still legally responsible for using the funds for the minor’s benefit.

If the Minor Inherits More Than $15,000

Once the amount exceeds $15,000, Florida law requires the appointment of a guardian of the property unless the money is placed into an alternative structure such as a trust or custodial account.

Guardianship of the Property:

- Requires a court petition and formal appointment.

- The guardian must post a bond or use a restricted depository account.

- Annual accountings must be filed with the court.

- Court approval is required for most expenditures.

This process is often time-consuming and expensive, and it lasts until the child turns 18.

Alternatives to Avoid Guardianship

The good news is that guardianship is often avoidable—especially with good planning. Here are the most common strategies:

1. Revocable or Testamentary Trusts

A trust can be created during your lifetime or in your will to hold funds for a minor. A trustee (often a trusted adult or financial institution) manages the funds until the child reaches a specified age—21, 25, or even later.

Benefits:

- Avoids court involvement.

- Allows long-term management.

- You control distribution timing and conditions.

2. Florida UTMA Accounts

The Uniform Transfers to Minors Act (UTMA) allows you to name a custodian to manage funds until the child reaches age 21, or 25 if specifically stated.

Benefits:

- No court involvement.

- Simpler than a trust.

- Can be used for gifts, inheritances, or life insurance proceeds.

3. Structured Settlements

In personal injury or wrongful death cases, funds can be placed in a structured settlement annuity, often approved by the court, which delays payouts until the child is older.

4. Payable-on-Death to a Custodian or Trust

Instead of naming a minor directly as a beneficiary, you can name:

- A custodian under UTMA, or

- A trustee of a minor’s trust.

This avoids automatic guardianship and ensures responsible management.

What Happens at Age 18?

If no alternative structure is in place, and the funds are held under a guardianship, the full amount must be turned over to the child at age 18—even if they’re not ready to handle a large inheritance.

Trusts and UTMA accounts can delay full access until a more mature age, such as 21 or 25, which often leads to better outcomes.

Real-World Examples

Example 1: $10,000 from a Grandparent

A child inherits $10,000 under a will. The funds are released to the child’s mother as natural guardian. No court involvement is required.

Example 2: $50,000 Life Insurance Proceeds

A father passes away and names his 16-year-old son as the beneficiary of a $50,000 life insurance policy. A guardian of the property must be appointed, unless the funds are redirected to a UTMA account or trust.

Example 3: Trust in a Will

A grandmother leaves $100,000 to her granddaughter in a trust that delays distributions until age 25, with the trustee having discretion to use the funds earlier for education or support. This avoids any need for guardianship.

Conclusion: Plan Carefully to Protect the Minor and Avoid Guardianship

Leaving money to a minor is common—but failing to plan ahead can create serious problems. Court-ordered guardianships are expensive, slow, and end at age 18—whether or not the child is ready.

By using tools like trusts, UTMA accounts, and beneficiary designations, you can make sure your gift is protected and responsibly managed.

If you’re planning to leave money to a minor or administering an estate involving a minor beneficiary, contact Bart Scovill, PLC. We’re experienced in helping Florida families navigate these rules and protect what matters most. https://scovills.com/?p=3026

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In today’s world, our lives are increasingly tied to the digital world. From bank accounts and cloud storage to social media profiles and email accounts, digital assets now make up a significant portion of a person’s legacy. But what happens to those digital accounts when you die? And how can you plan ahead so your loved ones aren’t left in the dark?

This article explores what Florida residents need to know about digital assets after death—and the estate planning steps you can take now to ensure they’re handled properly.

Understanding Digital Assets

Digital assets can include:

- Financial accounts (e.g., PayPal, Venmo, cryptocurrency wallets)

- Email accounts (e.g., Gmail, Yahoo)

- Social media profiles (e.g., Facebook, Instagram, LinkedIn)

- Photo and file storage (e.g., iCloud, Dropbox, Google Drive)

- Online subscriptions (e.g., Netflix, Amazon Prime, Spotify)

- Domain names, websites, or online businesses

These accounts are often protected by passwords, two-factor authentication, and privacy laws, making access difficult for family members after death.

Florida Law and Digital Assets

Florida has adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). Under this law:

- You can give legal authority to someone (such as your personal representative or trustee) to access your digital assets after your death.

- Online tools take precedence. Some platforms, like Google and Facebook, allow you to name a legacy contact or specify what happens to your account after death. These tools override directions in your will or trust.

- Without clear authority, access may be denied. Most companies won’t share information with your family unless the law specifically permits it, or you’ve given written permission in advance.

How to Plan for Your Digital Assets

1. Take Inventory

Start by listing all your digital accounts and where to find them. Include login URLs, email addresses, and a general description (but don’t include passwords in your estate planning documents).

2. Use a Password Manager

Consider using a secure password manager like LastPass or 1Password that can be accessed by a trusted individual upon your death or incapacity.

3. Name a Digital Executor

In Florida, you can authorize your personal representative, trustee, or another trusted person to manage your digital assets. This should be done explicitly in your will or trust and with language that complies with RUFADAA.

4. Check for Online Tools

Go through each major digital platform and activate any legacy or inactive account manager tools they offer. These are legally binding under Florida law.

5. Write Out Instructions

Even if legally binding instructions are in place, it’s helpful to leave personal wishes: Should your Facebook be memorialized or deleted? Who should access your cloud-stored photos? Should your email be deleted or reviewed?

Common Mistakes to Avoid

- Forgetting to update digital access when you change passwords or add new accounts.

- Assuming loved ones will "figure it out." They may not even know your accounts exist or be able to legally access them.

- Relying on paper lists of passwords without a clear plan or authority in place.

Conclusion

Digital assets are just as important as physical ones in today’s estate plans. Without proper planning, your loved ones may lose access to sentimental photos, financial accounts, or important information.

If you have questions about how to incorporate digital assets into your estate plan, contact Bart Scovill, PLC. We are experienced in helping Florida residents create comprehensive, forward-thinking estate plans. https://scovills.com/?p=2459