When people think about estate planning, they often worry about the government taking a large portion of their life savings after they pass away. The good news is that for most Floridians, this fear rarely becomes reality. Thanks to Florida’s favorable tax laws and the high federal estate tax exemption, very few estates in Florida ever pay estate tax.

Florida Does Not Have an Estate or Inheritance Tax

Some states impose their own estate or inheritance tax, but Florida does not. No matter the size of your estate, there is no state-level death tax here.

Federal Estate Tax Rarely Applies

The federal government does impose an estate tax, but only on very large estates. As of now, the exemption is over $13 million per person, or more than $26 million for a married couple. That means fewer than one in a thousand estates across the country owe any estate tax at all.

Other Taxes Still Apply

It’s important to distinguish estate taxes from other kinds of taxes. While your estate is unlikely to owe estate tax, other taxes may apply in different contexts:

- Retirement accounts: Beneficiaries of IRAs and 401(k)s may owe income tax when they withdraw funds.

- Capital gains: Assets sold after death may be subject to capital gains tax, though rules about stepped-up basis often reduce or eliminate this tax.

- Everyday taxes: Floridians still pay sales tax, property tax, and federal income tax during life — but those are not estate taxes.

The Benefit of Stepped-Up Basis

One of the most important tax benefits at death is the step-up in basis. When someone passes away, most of their assets receive a new tax basis equal to the fair market value at the date of death.

- Example: If you bought a home in Sarasota for $150,000 years ago and it is worth $500,000 when you pass, your heirs inherit it with a basis of $500,000. If they sell it right away for $500,000, no capital gains tax is owed.This rule can save families thousands — or even hundreds of thousands — in potential capital gains taxes.

Why Planning Still Matters

Even if estate taxes are unlikely, planning is still essential. Probate, guardianships, and disputes among heirs can create costly delays and stress for families. A well-prepared estate plan helps avoid these problems and ensures your wishes are honored.

Conclusion

Most Floridians will never pay estate taxes at death, and many assets benefit from the step-up in basis. Still, a thoughtful estate plan is the best way to protect your family from unnecessary costs and complications. If you’d like guidance on how Florida’s laws apply to your situation, contact Bart Scovill, PLC today. https://scovills.com/?p=3000

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Many Floridians think of estate planning only in terms of wills, trusts, and financial matters. But there’s another gift you can leave that has nothing to do with money: the gift of life through organ donation. Making your wishes clear about donation is one of the most compassionate decisions you can make—and it can ease the burden on your loved ones during a very difficult time.

When Are Organs Donated?

Organs must be removed quickly after death to remain viable for transplant. In most cases:

- Brain death: Donation usually occurs after brain death, a legal and medical determination that all brain activity has permanently stopped. At that point, machines may keep the heart and lungs working only long enough for organs to be recovered.

- Cardiac death: In some cases, donation may occur after the heart stops, though fewer organs are suitable.

- Tissue donation: Even if organ donation isn’t possible, corneas, skin, and bone can often be donated for hours or days afterward.

Addressing Concerns About Premature Harvesting

Public concerns about “premature” organ removal have been fueled by urban legends and sensational headlines. In reality, Florida—and the entire U.S.—has some of the most stringent safeguards in the world:

- Independent confirmation: Two physicians not involved in transplantation must confirm death before donation can begin.

- Legal standard: Brain death is recognized as death under Florida law, supported by clinical tests and sometimes imaging studies.

- Separation of roles: The doctors caring for the patient are not the same doctors who recover organs.

- Oversight: The United Network for Organ Sharing (UNOS) and Florida organ procurement organizations tightly regulate every step.

These checks and balances make it extraordinarily unlikely—essentially impossible—for organs to be removed before true death is confirmed.

The Economics of Organ Donation

- No financial incentive: Families and donors receive no payment for organs. U.S. law makes it illegal to buy or sell human organs.

- Covered costs: Medical costs related to donation and transport are paid by the organ procurement organization, not the family.

- Public benefit: While there’s no direct financial incentive, organ donation reduces overall healthcare costs by allowing transplants instead of lifelong treatments like dialysis.

How to Put Your Wishes in Place

Floridians have several ways to ensure their donation decision is honored:

- Driver’s license / Florida ID: When you renew at the DMV, you can check a box to be added to the Joshua Abbott Organ and Tissue Donor Registry. This is the most immediate and widely recognized method.

- Estate planning documents: Include your wishes in your living will and health care surrogate designation. This makes your intent clear to family and healthcare providers.

- Communicate: Let your family know your decision so they can support it without doubt or conflict.

Conclusion

Organ donation is one of the most meaningful legacies you can leave behind. By making your wishes clear through Florida’s donor registry and your estate planning documents, you ensure your decision will be respected—and that your family won’t be left struggling with uncertainty.

If you’d like to learn how to incorporate your donation wishes into your estate plan, contact Bart Scovill, PLC. https://scovills.com/?p=2997

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Creating an estate plan is a critical step to protect your assets and ensure your wishes are legally recognized. However, entrusting this task to an attorney who doesn’t focus on estate planning can leave important details overlooked. Even well-meaning attorneys in other practice areas may not have the depth of knowledge needed to navigate the complexities of estate law in Florida.

Why Experience in Estate Planning Matters

Estate planning involves more than drafting documents. It requires an understanding of issues such as legal capacity, asset transfers, probate avoidance, tax implications, and Florida-specific homestead and property laws. Attorneys outside this focus may unintentionally miss important provisions or fail to anticipate how your plan will function in real-life scenarios—especially during probate or trust administration.

How to Vet an Attorney’s Estate Planning Experience

Before hiring an attorney, it’s worth asking:

- What percentage of your practice is focused on estate planning? Look for a meaningful portion, not an occasional case.

- How many estate plans have you drafted and how many have you administered? Real-world administration experience is key to understanding how plans actually work.

- Have you handled cases involving complex family dynamics or unusual assets? This shows they can adapt documents to your unique situation.

- How do you ensure your clients’ plans remain current with changes in law or life circumstances? Ongoing attention is vital.

Why These Questions Matter

An estate plan that’s incomplete or poorly designed can lead to confusion, delays, unnecessary expenses, and even disputes among family members. A seasoned estate planning attorney is more likely to foresee potential pitfalls and structure your plan to avoid them. By asking the right questions, you can feel confident that your attorney has the focus and experience to protect your wishes.

Conclusion

Estate planning is too important to leave to chance—or to someone without significant experience in the field. Choosing an attorney who concentrates on estate planning and has a track record of guiding plans from creation through administration will give you peace of mind. If you have questions about your current estate plan or need guidance on creating one, contact Bart Scovill, PLC to ensure your legacy is in capable hands. https://scovills.com/?p=2699

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If you don’t create your own estate plan, Florida already has one for you. But relying on that plan is a lot like asking one estate planning attorney to prepare a single plan that will work for all 23 million Floridians. It’s not designed for your specific needs—it’s designed for the average situation. And you probably don’t want to be treated as average when it comes to your family, your property, and your health care.

A complete estate plan lets you decide how things are handled. Florida’s statutory alternatives take that control away. Below, we’ll walk through what a comprehensive estate plan includes and what happens if you leave it to the state.

Trust vs. Intestate Probate

A revocable living trust allows you to manage and distribute your assets without the need for court intervention. It can avoid probate entirely and offer privacy, speed, and control over how and when your beneficiaries receive their inheritance.

If you don’t have a trust (or even a will), your estate goes through intestate probate. That means the Florida probate court uses the state’s laws to decide who inherits your property. Your spouse and children (or other blood relatives) will receive shares of your estate based on a legal formula—not based on your wishes.

Will vs. No Will

Even if you have a trust, you still need a will—specifically a "pour-over will" to catch any assets not titled in your trust. A will also allows you to name a personal representative to handle your estate and nominate guardians for your minor children.

If you die without a will, the court chooses your personal representative and decides who gets what under Florida’s intestacy laws. And if you have minor children and haven’t nominated guardians, the court will make that decision too.

Durable Power of Attorney vs. Guardianship of Property

A durable power of attorney lets someone you trust manage your finances if you become incapacitated. It’s a private, flexible way to handle incapacity without court involvement.

If you become incapacitated without a durable power of attorney, your loved ones may need to go through a guardianship of the property proceeding—asking a judge to appoint someone to manage your financial affairs. This process is costly, slow, and puts your financial life under ongoing court supervision.

Health Care Surrogate & Living Will vs. Guardianship of the Person

A health care surrogate designation allows you to name someone to make medical decisions on your behalf if you cannot do so. A living will gives guidance about your wishes for end-of-life care.

If you don’t have these documents, Florida law allows a “proxy” to make decisions for you—usually starting with a spouse, then adult children, parents, and so on. But if family members disagree, or if no appropriate proxy is available, a guardianship of the person may be necessary. That means a court proceeding where a judge decides who will make your medical decisions.

Pre-Need Guardian Designation vs. Uncertain Guardianship

A pre-need guardian designation tells the court who you want to serve as your guardian if one is ever needed. This helps avoid family disputes and gives the court a clear direction.

Without it, the court will decide who serves as your guardian, and that person may not be someone you would have chosen.

Your Estate Plan Should Be As Unique As You Are

Leaving things up to the state means accepting a one-size-fits-all solution. That might work for socks—not for your legacy. A custom estate plan ensures that:

- The people you trust are in charge

- Your property goes where you want it to

- Your wishes are followed during incapacity

- Your family avoids unnecessary legal battles and expenses

If you’re ready to create a plan tailored to your life—not Florida’s default—contact Bart Scovill, PLC. We’re here to help you take control of your future. https://scovills.com/?p=2552

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=2511

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When planning your estate, you may hear the terms "TOD" (Transfer on Death) and "POD" (Payable on Death). These are simple yet powerful tools that allow your assets to pass directly to your beneficiaries—without going through probate. But what’s the difference between them, and how do you know which is right for your situation?

Below, we’ll break down what each term means, how they work in Florida, and why they may be a valuable part of your estate plan.

What Is a POD (Payable on Death)?

A POD designation is typically used with bank accounts—such as checking, savings, or certificates of deposit. You name a beneficiary directly with the bank. Upon your death, the funds transfer to that person automatically. Until then, you retain full control over the account.

Examples of POD accounts:

- Checking and savings accounts

- Money market accounts

- Certificates of deposit (CDs)

Key features:

- Only effective upon death

- No access granted to the beneficiary during your lifetime

- Easy to set up with your bank or credit union

What Is a TOD (Transfer on Death)?

A TOD designation is commonly used with investment accounts or certain titled assets, and in some states, even real estate and vehicles. Like PODs, they allow the asset to bypass probate and go straight to the named beneficiary.

Examples of TOD assets:

- Brokerage and investment accounts

- Stocks and bonds

- Vehicles (in some states)

- Real estate (if Florida law allows via a special deed)

Key features:

- You keep full ownership and control during life

- No probate needed for transfer

- Can be changed or revoked at any time

Comparing TOD and POD

FeaturePODTODAsset TypeBank accountsSecurities, investments, sometimes real estateWhere It's RegisteredWith the bankWith the investment firm or on titleProbate AvoidanceYesYesBeneficiary RightsNo access during your lifeNo access during your lifeCan You Revoke?Yes, anytimeYes, anytime

Why Use TOD or POD Designations in Florida?

In Florida, probate can be time-consuming and expensive. POD and TOD designations offer an easy, inexpensive way to pass assets to loved ones without involving the court system. They’re especially helpful for small to mid-sized estates or when used as part of a broader plan involving trusts and wills.

However, keep in mind:

- TOD deeds for real estate are not widely available in Florida (as of now).

- These tools only cover the designated assets—everything else may still go through probate.

- Naming the wrong person or failing to update beneficiaries can cause conflict.

Choosing the Right Tool for Your Assets

You don’t have to pick one or the other—many estate plans use both TOD and POD designations alongside wills, trusts, and powers of attorney. The key is to align your beneficiary designations with your overall estate goals.

Conclusion: Simple Tools That Can Avoid Complications

Both TOD and POD designations are practical ways to simplify estate transfers and avoid probate in Florida. But they should be used carefully and reviewed regularly to ensure they still reflect your wishes.

If you have questions about how TOD or POD designations fit into your Florida estate plan, contact Bart Scovill, PLC. We’ll help you make sure your assets pass smoothly and according to your intentions. https://scovills.com/?p=2506

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Life changes quickly, and few events change it more than the birth or adoption of a child. If you already have a will in place, you might assume it still reflects your wishes—but under Florida law, the arrival of an afterborn child can significantly alter how that will works.

Florida’s “Pretermitted Child” Rule

In Florida, a child born or adopted after a will is executed—and not mentioned in that will—is called a pretermitted child. Under Florida Statute § 732.302, the law presumes the omission was unintentional. This means the child is entitled to a share of your estate as though you had died without a will (intestate), unless one of the following applies:

- Intentional omission – The will clearly shows you meant to leave out the child.

- Provision for the child’s other parent – You had one or more children when you signed the will and left substantially all of your estate to the afterborn child’s other parent.

- Alternate provision – You provided for the child outside the will, such as through a trust, life insurance, or beneficiary designation.

How an Afterborn Child Changes the Distribution

Your will is not revoked, but the afterborn child’s statutory share must be carved out of your estate. This usually means:

- Other beneficiaries’ shares are reduced proportionally (a process called abatement)

- Specific bequests—such as a gift of cash or property—might need to be partially or entirely liquidated to provide the child’s share

Example in Practice

Imagine you leave your entire estate to a friend in your will. Years later, you have a child but never update the document. Unless one of the statutory exceptions applies:

- If you have no surviving spouse, the child would inherit your entire probate estate.

- If you have a surviving spouse, the child would generally share the estate with the spouse, often splitting it 50/50.

The exact division depends on your family situation under Florida’s intestacy rules.

Why You Should Update Your Estate Plan

The birth or adoption of a child is one of the most important times to review and update your estate plan. Even if you intend to leave your estate as-is, your documents should clearly state that intention to prevent confusion, disputes, or unintended distributions.

Updating your plan can also coordinate other assets—such as retirement accounts, life insurance, and trusts—so that your wishes are carried out without relying on Florida’s one-size-fits-all statutory rules.

If you have questions about how an afterborn child could affect your will—or if it’s time to update your estate plan—contact Bart Scovill, PLC at 941-365-2253 or Contact us to schedule a consultation. https://scovills.com/?p=2702

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When someone passes away, their heirs often receive a “step-up” in the cost basis of inherited assets, which can significantly reduce capital gains taxes. But not all transfers qualify for this valuable tax treatment. Understanding which assets don’t receive a stepped-up basis is just as important as knowing which ones do—especially when crafting a thoughtful estate plan.

What Is a Stepped-Up Basis?

A "stepped-up basis" adjusts the cost basis of an asset to its fair market value at the owner's date of death. This means that if the asset is sold shortly after being inherited, there may be little or no capital gains tax. However, certain transfers and types of property don’t qualify.

Transfers That Do Not Receive a Stepped-Up Basis

1. Lifetime Gifts

If you gift an asset to someone during your lifetime, they inherit your original cost basis—known as a carryover basis. This means any appreciation during your lifetime is still subject to capital gains tax when the recipient sells it.

2. Assets in Irrevocable Trusts (If Excluded from the Estate)

Assets transferred to an irrevocable trust may not receive a step-up in basis if they are not included in the decedent's taxable estate. The key issue is whether the decedent retained sufficient control or interest in the trust.

3. Jointly Owned Property (Depending on Contribution)

In joint tenancy with right of survivorship (JTWROS) or tenancy by the entirety, only the deceased owner’s portion receives a step-up in basis. The surviving owner’s share retains its original basis unless it can be shown they didn’t contribute to the purchase.

4. Retirement Accounts

Accounts such as IRAs, 401(k)s, and annuities are considered income in respect of a decedent (IRD) and do not receive a stepped-up basis. Beneficiaries are taxed on distributions at their ordinary income tax rates.

5. Income in Respect of a Decedent (IRD) Assets

These include:

- Accrued but unpaid wages or bonuses

- Deferred compensation

- Uncollected business income

- Installment sale balances

- U.S. savings bonds (e.g., EE or I Bonds)

- Accrued interest or dividends

These assets pass with their existing value and are taxed as income to the beneficiary.

6. Grantor Trusts Without Estate Inclusion

Assets in certain irrevocable trusts where the grantor retains no interest may not be included in the estate and therefore don’t receive a step-up. It depends heavily on the trust’s structure.

7. Some Business Interests

Certain partnerships and LLCs taxed as partnerships may limit the ability to apply a step-up in basis to underlying assets, especially where special tax elections (like §754) are not made.

8. Out-of-State Joint Property (in Community Property States)

In community property states, the entire property may receive a step-up when one spouse dies—but only if it’s titled as community property. If titled as joint tenancy, only half may qualify.

Why It Matters for Your Estate Plan

A key goal of estate planning is to minimize taxes for your beneficiaries. If you transfer assets during your lifetime or place them in structures that aren’t included in your estate, you may unintentionally forfeit the step-up in basis, leading to higher tax bills for your heirs.

If you have questions about how to protect your family's financial future and take advantage of the step-up in basis, contact Bart Scovill, PLC. We’re dedicated to helping Florida families plan wisely. https://scovills.com/?p=2498

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Few names are more recognizable in professional wrestling than Hulk Hogan. From his days headlining WrestleMania to his reality TV appearances, Hogan has lived much of his life in the spotlight. Off stage, he has also been through a highly publicized divorce, financial ups and downs, and ongoing questions about his wealth and property.

When celebrities face estate disputes, they tend to make headlines. But the truth is, estate planning issues that can affect Hulk Hogan’s estate are the same ones that can affect Florida families every day.

Celebrity Estates Draw Attention for a Reason

Hogan has owned several homes in Florida, including a waterfront estate in Clearwater. Because Florida’s homestead protections are some of the strongest in the country, his property ownership and estate planning decisions will determine how — and to whom — his assets can be passed.

Just as we’ve seen with other celebrity estates, the lack of a clear estate plan can spark confusion, family disagreements, and even litigation. A famous name just makes it more public.

Why Estate Planning Is Critical in Florida

Even if you don’t own a mansion on the water, Florida law applies to your home and property the same way it does for celebrities. Some key considerations:

Florida Homestead Protections

Florida’s constitution shields a homestead property from most creditors and restricts how it can be left to heirs. Without a properly structured estate plan, a surviving spouse and children may end up sharing interests in a property — sometimes leading to disputes or forced sales.

Divorce, Remarriage, and Blended Families

Hogan’s divorce and later remarriage highlight a common issue: estate plans must be updated after major life changes. Florida statutes can unintentionally give shares of an estate to former spouses or stepchildren if planning documents are outdated.

Privacy and Probate

When estates go through Florida probate, the court process and filings are public record. Celebrities are not the only ones who may want to avoid public exposure of their finances. A properly funded revocable trust can help keep family matters private.

Asset Protection and Financial Ups and Downs

Hogan has faced lawsuits and financial troubles over the years. For any Floridian, structuring ownership and beneficiary designations correctly can provide stability and help protect family members if unexpected financial issues arise.

The Lesson from Hulk Hogan’s Estate

Estate planning is not just for the rich and famous. The very issues that make headlines in celebrity estates — homestead restrictions, blended family disputes, probate battles — are the same ones that can create challenges for everyday Florida families.

By taking the time to put a thoughtful plan in place, you can protect your home, reduce stress on your loved ones, and ensure your wishes are carried out. https://scovills.com/?p=3023

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Business owners in Florida often want to ensure their company can pass smoothly to loved ones or successors without probate. But some businesses—especially professional service entities—can’t be directly titled into a revocable trust due to state licensing restrictions. That’s where a nomination agreement becomes a powerful tool.

What Is a Nomination Agreement?

A nomination agreement allows you to appoint someone (typically your revocable trust or the trustee) to receive ownership of your business interest in the event of death or incapacity, while you retain full control during your lifetime. This is particularly helpful for business interests that cannot legally be titled into a trust while you’re alive—such as those held by professional service entities like law firms, medical practices, or accounting firms.

In Florida, nomination agreements are especially useful for:

- Professional Associations (PAs) and Professional Limited Liability Companies (PLLCs) that restrict ownership to licensed individuals,

- Companies that require member approval for ownership transfers,

- Scenarios where ongoing control is desired during life, but probate or incapacity planning is still essential.

Why Not Just Assign the Business to the Trust?

For many types of businesses, a direct assignment to a revocable trust is ideal. But when that isn’t legally possible or strategically wise, a nomination agreement provides an alternative path that still avoids probate and supports incapacity planning.

With a nomination agreement:

- The business is not transferred during your lifetime.

- Upon your death or legal incapacity, the agreement activates and allows the trust or trustee to step in as nominee.

- The business stays compliant with professional licensing rules.

- Court involvement is avoided, and continuity is preserved.

How It Works in Practice

A typical nomination agreement:

- States that the business owner retains full rights and control during life.

- Nominates the trustee of the revocable trust to take over ownership upon death or incapacity.

- Is coordinated with governing documents (like an operating agreement or shareholder agreement).

- May be paired with other documents such as:

- A Durable Power of Attorney, and

- A Revocable Trust outlining specific business succession terms.

-

Advantages of Using a Nomination Agreement

✅ Avoids probate while respecting legal restrictions on ownership.

✅ Provides for incapacity, not just death.

✅ Preserves control of the business during your lifetime.

✅ Works well for professionals such as attorneys, doctors, accountants, or architects.

✅ Flexible for complex family or partner arrangements.

Cautions and Coordination

Nomination agreements should be:

- Clearly drafted with unambiguous triggering language for death or incapacity,

- Integrated with your estate plan and business documents,

- Kept up to date with changes in the business or applicable licensing rules.

Because nomination agreements don’t transfer title immediately, financial institutions or partners may require clarification if not properly documented. Legal guidance is essential.

Timing Consideration: 2025 Tax Law

Thanks to the One Big Beautiful Bill Act (OBBBA) passed in July 2025, the federal estate and gift tax exemption is now $15 million per person, indexed for inflation. This offers a significant opportunity for Florida business owners to:

- Review their business succession plans,

- Use revocable trusts and nomination agreements to avoid probate delays,

- Ensure that their company is protected in the event of either death or incapacity.

But with the exemption potentially sunsetting at the end of 2025, this is the ideal time for proactive planning.

Conclusion

A nomination agreement is a flexible and strategic tool for transferring Florida business interests into a trust when direct titling isn’t possible—especially for professional companies. By planning for both death and incapacity, business owners can maintain control during life while ensuring their company transitions smoothly when needed.

If you own a Florida business and want to protect it from probate and incapacity risks while keeping control today, contact Bart Scovill, PLC. We can help you implement nomination agreements and other tools to secure your business and legacy. https://scovills.com/?p=2451

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When a loved one dies, grieving families are often faced with more than just emotional heartbreak—they’re thrust into a complicated legal process known as probate. While probate serves an important legal function by overseeing the distribution of a deceased person’s assets, the emotional toll it takes on families is frequently underestimated.

In this article, we’ll explore the emotional impact of probate and how careful planning and professional guidance can help families navigate this difficult time with less stress and more compassion.

1. Grief and Legal Deadlines Collide

The days and weeks following a death should be a time of mourning, reflection, and healing. Unfortunately, probate introduces a series of time-sensitive legal obligations. The personal representative (often a family member) must gather paperwork, notify creditors, file court documents, and oversee the distribution of the estate. This shift from grieving spouse or child to fiduciary administrator can feel overwhelming.

Common emotional struggles include:

- Feeling rushed to make decisions while still in shock

- Anxiety over making mistakes with legal documents

- Guilt or resentment among siblings or beneficiaries

For an overview of the probate timeline and steps involved, see Understanding the Florida Probate Process.

2. Family Tensions and Old Wounds

Probate can bring long-simmering family tensions to the surface. Who gets what, how quickly things are distributed, and who controls the estate can become flashpoints. Even in families with close bonds, the added stress of legal proceedings can lead to hurt feelings or disputes.

Examples of emotional conflict:

- One sibling feels left out or mistrusts the personal representative

- Disagreements over sentimental items not mentioned in the will

- Blame or second-guessing about end-of-life care or estate decisions

Want to avoid these conflicts in your own family? Learn How to Avoid Common Estate Planning Mistakes in Florida.

3. Loss of Privacy

Probate is a public process, meaning that court filings and estate inventories may be accessible to the public. For many families, this feels like a violation of privacy during an already vulnerable time. Sensitive details—such as the size of the estate or family conflicts—can be exposed, compounding feelings of stress or embarrassment.

4. Prolonged Grieving

The probate process can take months or even over a year to resolve, especially if the estate is complex or contested. This legal limbo can delay emotional closure. Families often describe a feeling of being unable to move forward—emotionally or financially—until the estate is settled.

If you're just starting this process, you may find our guide helpful: What to Do When a Loved One Dies in Florida.

5. Decision Fatigue and Burnout

Personal representatives are expected to make countless decisions, from managing property and paying bills to resolving claims and handling distributions. For someone already dealing with grief, these responsibilities can quickly lead to burnout, especially when layered on top of work and family obligations.

How to Minimize the Emotional Toll of Probate

Fortunately, there are steps families can take to ease the burden:

- Work with a compassionate probate attorney. A professional who handles the details can provide legal clarity and emotional reassurance.

- Encourage transparency and communication among family members. Clear communication helps reduce conflict and confusion.

- Consider mediation when disputes arise. Mediation can preserve family relationships while resolving disagreements.

- Plan ahead with an estate plan. Trusts and other tools can help avoid probate altogether, sparing your loved ones the stress.

Final Thoughts

Probate isn’t just a legal process—it’s an emotional experience that can challenge even the strongest families. By understanding the emotional impact of probate and seeking the right support, you can move through this journey with greater peace of mind.

At Bart Scovill, PLC, we’ve helped hundreds of Florida families navigate probate with compassion, clarity, and professionalism. If you’re facing the probate process after a loss—or want to help your family avoid it—contact us at 941-365-2253 or visit Scovills.com to learn more.

Need Help Navigating Probate?
We’re here to support you with clear guidance and compassionate service during a difficult time.
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Serving as the Personal Representative (PR) of an estate in Florida comes with many responsibilities—including paying debts, taxes, and administration expenses. But what if the estate’s primary asset is real estate?

Can a PR sell estate property to cover costs?

Yes, but with specific requirements and limitations. Here’s what Florida law allows.

Authority to Sell Real Property in Probate

Under Florida Statutes §733.613, a PR may sell real estate without court approval if the will authorizes it. Otherwise, court approval may be required.

The PR must ensure:

- Proper notice is given to interested parties.

- Fair market value is obtained.

- The sale serves the best interest of the estate.

In formal administration, court orders are often necessary unless the decedent’s will gives the PR specific powers to sell without judicial oversight.

Common Reasons a PR May Need to Sell Property

- To pay valid debts of the decedent

- To cover administration costs (attorney fees, PR fees, filing fees)

- To distribute liquid assets to beneficiaries more equitably

- To avoid foreclosure or ongoing property costs

In estates with few liquid assets, a sale may be the only way to fulfill these obligations.

Does the New Tax Law Change This?

The 2025 federal tax bill significantly increased the estate tax exemption to $15 million per individual. For most Florida estates, this means fewer tax-driven sales.

However:

- Sales may still be necessary for debts, liquidity, or equitable distribution.

- If the estate is large enough to exceed the new exemption, or the PR is handling out-of-state property, tax considerations may still apply.

Practical Considerations

- Get an appraisal or market analysis before selling.

- Review the will carefully for powers of sale.

- File a petition for approval if needed.

- Work with a probate attorney to avoid unnecessary delays or legal disputes.

Need guidance on selling estate property in Florida?
Contact Bart Scovill, PLC for experienced probate assistance tailored to your needs. https://scovills.com/?p=2443

Check our our latest video! https://youtu.be/XOaHpw3IF6I?si=f70XSSjNs_IocQ-u

In Florida estate planning, families often ask whether they should add someone to their bank account—and if so, should that person be a co-owner or just a signer? This seemingly simple decision can have significant legal and financial consequences.

Let’s break down what each role means and when one might be preferred over the other.

What Is a Co-owner on a Bank Account?

Adding someone as a co-owner (joint account holder) gives them full ownership rights to the account—both during your life and after your death.

✅ Pros:

- They can help manage finances or pay bills.

- Avoids probate: the account typically passes automatically to the surviving owner.

⚠️ Cons:

- The co-owner legally owns the funds—even if they didn’t contribute a penny.

- Vulnerable to the co-owner’s creditors, lawsuits, or divorce proceedings.

- May unintentionally disinherit other heirs if not coordinated with your estate plan.

What Is a Signer or Authorized User?

A signer is someone authorized to use the account to assist you but has no ownership rights. This is often called a “convenience account” or “agency arrangement.”

✅ Pros:

- Maintains your ownership and control.

- Limits exposure to the signer’s financial issues.

- Helps reduce risk of financial elder abuse.

⚠️ Cons:

- The account will still go through probate unless it has a payable-on-death (POD) designation.

- The signer may not be authorized to act after your incapacity (unless combined with a durable power of attorney).

Best Practices for Florida Residents

- Don’t rush to add a child or relative as a joint owner just for convenience.

- If your goal is simplicity or bill paying, consider:

- A signer arrangement,

- A Durable Power of Attorney, or

- A revocable living trust.

-

- For estate planning purposes, be aware that adding a co-owner could be treated as a taxable gift if they’re not contributing equally to the funds.

- Under the new tax bill passed in 2025, the federal gift tax exemption is higher—but improper titling can still create unintended tax and probate consequences.

Final Thoughts

Adding a co-owner or signer can be helpful—but if done incorrectly, it can undo years of thoughtful estate planning. If you’re unsure, it’s best to consult with a Florida estate planning attorney to evaluate your goals and risks.

Confused about how to title your bank accounts?
Schedule a consultation with Bart Scovill, PLC today to make sure your estate plan protects your goals. https://scovills.com/estateplanningnews/co-owner-vs-signer-bank-account-florida/

When music legend Jimmy Buffett passed away in 2023, he left behind a legacy of island escapism—and a substantial estate reportedly worth over $275 million. But even the most carefully laid estate plans can run into turbulence. A year after his death, Buffett’s widow, Jane Slagsvol, is embroiled in litigation with one of the trustees of his estate, accusing him of misusing funds and withholding information.

Buffett’s case highlights critical issues that Florida residents—and anyone setting up a trust—should understand. Here’s what happened, and what you can do to avoid similar complications.

The Buffett Estate Conflict: A Quick Overview

According to court filings, Jimmy Buffett appointed both his wife Jane and longtime financial advisor Richard Mozenter as co-trustees of his estate. Jane now alleges that Mozenter:

- Spent millions of dollars from the trust without proper documentation

- Refused to provide her with detailed financial records

- Threatened to delay distributions and impose penalties if she questioned his actions

She has asked the court to remove him as co-trustee, citing breach of fiduciary duty. While these allegations have yet to be fully resolved in court, they offer a cautionary tale for anyone planning their estate.

Lessons for Florida Residents Creating a Trust

1. Choose Your Trustees Carefully

Many people name family members or longtime advisors as trustees. But conflicts can arise if they don’t have clear boundaries, transparency, or experience managing trust assets. A trustee must:

- Act in the best interests of the beneficiaries

- Keep accurate records

- Avoid self-dealing or personal gain

If you’re naming multiple trustees, make sure they can work well together—or consider a professional trustee to minimize the risk of conflict.

2. Document Trustee Responsibilities Clearly

A well-drafted trust should spell out the trustee’s responsibilities, reporting obligations, and limits on their authority. This includes:

- How and when financial statements must be shared

- What expenses can be paid from trust funds

- What decisions require co-trustee agreement

In Buffett’s case, lack of clarity or oversight may have contributed to the current legal dispute.

3. Maintain Transparency

Trustees should communicate regularly with co-trustees and beneficiaries. Florida law requires trustees to keep beneficiaries informed and to provide accountings upon request. Failing to do so can lead to court intervention—or worse, removal.

4. Understand That Trusts Don’t Prevent All Disputes

A common myth is that using a trust guarantees a smooth transition. In reality, trusts are powerful tools, but only if properly administered. Disputes can still arise when:

- There is mistrust among family members

- A trustee refuses to share information

- There are significant assets at stake

The goal of your estate plan should be not just to transfer wealth, but to preserve harmony and clarity.

How You Can Avoid a Similar Outcome

At Bart Scovill, PLC, we’re experienced in helping Florida families create thoughtful, well-drafted estate plans. That includes helping you:

- Choose the right fiduciaries

- Draft clear trust terms and reporting requirements

- Guide your loved ones through administration after your death

Don’t leave your legacy to chance. If you have questions about setting up or updating your trust, we’re here to help. https://scovills.com/estateplanningnews/trouble-in-margaritaville-jimmy-buffett-estate-lessons/

When music legend Jimmy Buffett passed away in 2023, he left behind a legacy of island escapism—and a substantial estate reportedly worth over $275 million. But even the most carefully laid estate plans can run into turbulence. A year after his death, Buffett’s widow, Jane Slagsvol, is embroiled in litigation with one of the trustees of his estate, accusing him of misusing funds and withholding information.

Buffett’s case highlights critical issues that Florida residents—and anyone setting up a trust—should understand. Here’s what happened, and what you can do to avoid similar complications.

The Buffett Estate Conflict: A Quick Overview

According to court filings, Jimmy Buffett appointed both his wife Jane and longtime financial advisor Richard Mozenter as co-trustees of his estate. Jane now alleges that Mozenter:

- Spent millions of dollars from the trust without proper documentation

- Refused to provide her with detailed financial records

- Threatened to delay distributions and impose penalties if she questioned his actions

She has asked the court to remove him as co-trustee, citing breach of fiduciary duty. While these allegations have yet to be fully resolved in court, they offer a cautionary tale for anyone planning their estate.

Lessons for Florida Residents Creating a Trust

1. Choose Your Trustees Carefully

Many people name family members or longtime advisors as trustees. But conflicts can arise if they don’t have clear boundaries, transparency, or experience managing trust assets. A trustee must:

- Act in the best interests of the beneficiaries

- Keep accurate records

- Avoid self-dealing or personal gain

If you’re naming multiple trustees, make sure they can work well together—or consider a professional trustee to minimize the risk of conflict.

2. Document Trustee Responsibilities Clearly

A well-drafted trust should spell out the trustee’s responsibilities, reporting obligations, and limits on their authority. This includes:

- How and when financial statements must be shared

- What expenses can be paid from trust funds

- What decisions require co-trustee agreement

In Buffett’s case, lack of clarity or oversight may have contributed to the current legal dispute.

3. Maintain Transparency

Trustees should communicate regularly with co-trustees and beneficiaries. Florida law requires trustees to keep beneficiaries informed and to provide accountings upon request. Failing to do so can lead to court intervention—or worse, removal.

4. Understand That Trusts Don’t Prevent All Disputes

A common myth is that using a trust guarantees a smooth transition. In reality, trusts are powerful tools, but only if properly administered. Disputes can still arise when:

- There is mistrust among family members

- A trustee refuses to share information

- There are significant assets at stake

The goal of your estate plan should be not just to transfer wealth, but to preserve harmony and clarity.

How You Can Avoid a Similar Outcome

At Bart Scovill, PLC, we’re experienced in helping Florida families create thoughtful, well-drafted estate plans. That includes helping you:

- Choose the right fiduciaries

- Draft clear trust terms and reporting requirements

- Guide your loved ones through administration after your death

Don’t leave your legacy to chance. If you have questions about setting up or updating your trust, we’re here to help. https://scovills.com/?p=2501

In Florida estate planning, families often ask whether they should add someone to their bank account—and if so, should that person be a co-owner or just a signer? This seemingly simple decision can have significant legal and financial consequences.

Let’s break down what each role means and when one might be preferred over the other.

What Is a Co-owner on a Bank Account?

Adding someone as a co-owner (joint account holder) gives them full ownership rights to the account—both during your life and after your death.

✅ Pros:

- They can help manage finances or pay bills.

- Avoids probate: the account typically passes automatically to the surviving owner.

⚠️ Cons:

- The co-owner legally owns the funds—even if they didn’t contribute a penny.

- Vulnerable to the co-owner’s creditors, lawsuits, or divorce proceedings.

- May unintentionally disinherit other heirs if not coordinated with your estate plan.

What Is a Signer or Authorized User?

A signer is someone authorized to use the account to assist you but has no ownership rights. This is often called a “convenience account” or “agency arrangement.”

✅ Pros:

- Maintains your ownership and control.

- Limits exposure to the signer’s financial issues.

- Helps reduce risk of financial elder abuse.

⚠️ Cons:

- The account will still go through probate unless it has a payable-on-death (POD) designation.

- The signer may not be authorized to act after your incapacity (unless combined with a durable power of attorney).

Best Practices for Florida Residents

- Don’t rush to add a child or relative as a joint owner just for convenience.

- If your goal is simplicity or bill paying, consider:

- A signer arrangement,

- A Durable Power of Attorney, or

- A revocable living trust.

-

- For estate planning purposes, be aware that adding a co-owner could be treated as a taxable gift if they’re not contributing equally to the funds.

- Under the new tax bill passed in 2025, the federal gift tax exemption is higher—but improper titling can still create unintended tax and probate consequences.

Final Thoughts

Adding a co-owner or signer can be helpful—but if done incorrectly, it can undo years of thoughtful estate planning. If you’re unsure, it’s best to consult with a Florida estate planning attorney to evaluate your goals and risks.

Confused about how to title your bank accounts?
Schedule a consultation with Bart Scovill, PLC today to make sure your estate plan protects your goals. https://scovills.com/?p=2439

Check out our latest video! https://youtu.be/hR9FQmt5x18?si=3vhyLW7lhafQ5Xo-

Sonny Bono was known for his success as a singer, actor, and politician—but when he tragically died in a 1998 skiing accident, he left behind something that shocked the legal world: no will.

While Bono’s life was colorful and high-profile, his lack of basic estate planning led to complications that could have easily been avoided. His case is a powerful reminder that no matter how famous—or seemingly organized—you may be, dying intestate (without a will) can cause a cascade of legal and emotional trouble for your loved ones.

What Went Wrong?

1. No Will, No Direction

Despite his wealth and public status, Sonny Bono never created a will. That meant the laws of intestate succession determined how his estate would be distributed—rather than Bono’s own wishes. In California, this meant his wife, Mary Bono, and his two children were considered heirs.

2. A Surprise Child Emerged

Shortly after Bono’s death, a man named Sean Machu came forward claiming to be Bono’s illegitimate son and sought a share of the estate. Although he ultimately withdrew his claim, the emergence of an alleged child illustrates a key risk of dying without a will—unexpected heirs can appear, and courts must take them seriously.

3. Cher’s Legal Involvement

Bono’s ex-wife and former music partner, Cher, also entered the fray. She filed a claim for unpaid spousal support and royalties. Since divorce decrees and past obligations can persist beyond death, Cher's claim had to be litigated alongside the rest of the estate issues.

Key Probate Lessons from Sonny Bono’s Estate

1. Always Have a Will—No Matter What

Even a simple will could have prevented most of the conflict. Without it, state law dictates who inherits, and the process is rarely aligned with what the deceased would have wanted.

2. Address Paternity and Potential Heirs

When a will exists, it can explicitly disinherit someone or clarify family relationships—avoiding prolonged court inquiries into paternity and surprise heirs.

3. Don’t Forget Divorce Obligations

Estate plans should account for existing divorce decrees, spousal support, and royalty rights. These don’t automatically disappear at death. If you have an ex-spouse, consult your estate planning attorney to ensure everything is covered.

4. Update Your Plan After Life Changes

Marriage, divorce, political career, new children—Bono had all of these. Major life events should always trigger a review and possible update of your estate plan.

Why This Matters for Florida Residents

Under Florida probate law, dying intestate can have serious consequences, especially if you’re in a blended family, have children from prior relationships, or own property outside of Florida. Without a will, your estate may pass in ways you never intended, and disputes can delay the process and increase costs.

→ Understanding the Probate Process: What to Expect in Florida→ Avoiding Common Estate Planning Mistakes in Florida

Final Thoughts

Sonny Bono's estate serves as a cautionary tale for anyone who hasn't taken the time to draft a will. While his case played out in California, the same principles apply here in Florida. Whether you're managing royalties or just want to make sure your home passes to the right person, proactive estate planning is essential.

At Bart Scovill, PLC, we help Florida residents ensure their legacy is protected and their loved ones are spared unnecessary conflict.

Don’t leave your family guessing.Call 941-365-2253 or email firm@scovills.com to schedule a consultation today. https://scovills.com/?p=2387

Check out our e-foiling lawyer with more Myths. https://youtu.be/nzOl6WFnxKI?si=Kb1BTfdpAtt6Z_WX

If you’re creating an estate plan in Florida and own a boat—whether it’s a modest fishing skiff or a luxury cruiser—you may be wondering: should that boat be placed into your revocable trust?

The answer depends on your goals, the boat’s value, and how your assets are structured. Let’s look at the key considerations.

Why You Might Put a Boat in a Revocable Trust

1. To Avoid Probate

One of the main reasons people use revocable trusts is to avoid probate, the court-supervised process of transferring assets after death. In Florida, probate can be time-consuming and public. If your boat is titled in your name alone, it will likely have to go through probate unless it's in your trust.

2. To Keep Your Affairs Private

Probate records are public. If you prefer to keep your beneficiaries, asset values, and estate plan private, a revocable trust helps accomplish that. Your boat can pass quietly to your chosen heir without court involvement.

3. To Ensure a Smooth Transfer

Boats that are in a trust can be managed or transferred by your trustee without delay, which is particularly helpful if a surviving spouse, family member, or business partner needs immediate access.

4. If the Boat Is Tied to Other Property

For boats used at a vacation home or as part of a rental or business asset, titling it in the trust keeps everything under the same management umbrella.

When a Trust Might Not Be Necessary

1. The Boat Is of Low Value or Untitled

Many small boats or personal watercraft (like kayaks or canoes) are not titled or registered. In such cases, the hassle of retitling the boat into the trust may outweigh the benefit.

2. The Estate Qualifies for Simplified Probate

If your estate is modest, your heirs may be able to use Florida’s summary administration process, making trust planning for the boat less urgent.

3. Registration or Insurance Complications

Some marinas, insurers, or government agencies may have additional paperwork requirements for boats owned by trusts. It’s manageable, but it’s worth checking with your insurer or agent first.

How to Put a Boat into a Trust

If you decide to go ahead, here’s how it’s done:

- Check title and registration requirements with the Florida Department of Highway Safety and Motor Vehicles.

- Update the title to reflect the trust name. For example:“John Doe, Trustee of the John Doe Revocable Trust dated January 1, 2020.”

- Notify your insurance company and marina, if applicable.

- Include the boat on your trust schedule or assignment of personal property to document its inclusion.

If you prefer not to retitle now, you could at least include language in your trust or will allowing the trustee to collect or manage the boat after your death—though this might still require probate.

Take the Helm of Your Estate Plan

Your estate plan should work as smoothly as your time on the water. Let Bart Scovill, PLC help you protect your boat and other assets with confidence and clarity.

Schedule your consultation today:
📞 941-365-2253
📧 firm@scovills.com
🌐 www.scovills.com https://scovills.com/?p=2405

Our latest installment of Estate Planning & Probate Myths & Mistakes! https://youtu.be/DelA2GQ7I9c?si=E1Y8cQoVlHmDLu9n