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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?
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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?
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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