Myth, Mistake, or Truth: No Property Can Be Distributed Until Probate Is Over
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Wednesday, April 22, 2026
Monday, April 20, 2026
Firearms are often overlooked in estate planning, but they present unique legal and practical issues. Unlike bank accounts or real estate, firearms are regulated property, and improper handling can create serious legal problems for your family.
If you own firearms, a clear plan is not optional—it’s necessary.
Why Firearms Require Special Planning
Firearms are subject to both federal and state laws, and not everyone is legally allowed to possess them. That means your personal representative, trustee, or agent under a power of attorney must be careful about how they handle and transfer them.
The biggest risks are:
- Transferring firearms to someone who is legally prohibited
- Improper possession during administration
- Violating federal laws regarding certain regulated firearms
These issues can arise quickly if no plan is in place.
What Happens at Death
When you pass away, your firearms become part of your estate or trust—just like any other asset. But unlike other assets, your personal representative cannot simply hand them out.
Key Considerations:
1. Who Can Legally Receive Them
Firearms can only be transferred to someone who is legally allowed to possess them under federal and Florida law. That excludes certain individuals, such as convicted felons or those with disqualifying conditions.
2. Probate vs. Trust
- If your firearms are owned individually, they will pass through probate.
- If properly assigned to a revocable trust, your trustee can manage and distribute them without probate.
That said, even in a trust, the trustee must follow all applicable laws.
3. Federal Firearms (NFA Items)
Certain firearms—such as suppressors, short-barreled rifles, and machine guns—are regulated under the National Firearms Act (NFA).
These require:
- Registration with the federal government
- Approval before transfer (even at death)
Improper handling of these items can create serious federal liability.
What Happens During Incapacity
This is where most plans fall apart.
If you become incapacitated, someone needs legal authority to access and secure your firearms. Without proper planning:
- Your family may not have access
- Your firearms may be left unsecured
- No one may have clear authority to transfer or store them
Durable Power of Attorney
A properly drafted durable power of attorney should include specific authority to:
- Access and secure firearms
- Transfer or store them as necessary
- Work with licensed dealers if needed
Without this language, your agent may be hesitant—or unable—to act.
Trust Planning
Many firearm owners use a revocable trust (or a specialized firearm trust) to:
- Allow multiple responsible individuals to lawfully possess the firearms
- Provide clear instructions for management during incapacity
- Avoid gaps in legal possession
This is especially important for NFA-regulated items.
Practical Steps You Should Take Now
This is where good planning makes all the difference.
1. Create an Inventory
Maintain a private, up-to-date list of:
- Firearms owned
- Serial numbers
- Location of storage
- Any registration documents (especially for NFA items)
Do not put sensitive details directly into your will—keep them in a separate memorandum.
2. Choose the Right People
Make sure your:
- Personal representative
- Trustee
- Agent under power of attorney
…are willing and legally able to handle firearms.
3. Use Proper Legal Structures
Depending on your situation:
- A revocable trust may be sufficient
- A firearm-specific trust may be appropriate for more complex collections
4. Provide Clear Instructions
Your plan should address:
- Who receives the firearms
- What happens if a beneficiary cannot legally possess them
- Whether items should be sold, transferred, or retained
5. Work With a Licensed Dealer When Needed
In some cases, transfers should go through a Federal Firearms Licensee (FFL), especially if:
- The recipient lives in another state
- There is any uncertainty about legality
Common Mistakes to Avoid
These come up more often than they should:
- Leaving firearms to someone without confirming legal eligibility
- Failing to plan for incapacity
- Ignoring NFA requirements
- Assuming a will alone is enough
- Not telling anyone where firearms are located
Each of these can create real problems for your family.
Final Thoughts
Firearms are not just another asset—they require deliberate planning. The goal is simple: make things as easy and as lawful as possible for the people you trust.
If you have questions about how to properly incorporate firearms into your estate plan, it’s worth addressing now rather than leaving your family to sort it out later.
If you’d like help putting a plan in place, contact Bart Scovill, PLC through our website contact form to discuss your options.
Disclaimer: This article is for general informational purposes only and is not intended as legal advice. The information provided may not apply to your specific situation, particularly with respect to federal and state laws governing firearms. Reading this article does not create an attorney-client relationship with Bart Scovill, PLC. For advice regarding your individual circumstances, please contact our office through our website contact form. https://scovills.com/?p=3525
Wednesday, April 15, 2026
Monday, April 13, 2026
When a homeowner dies, their homeowner’s insurance policy does not automatically transfer to the heirs. However, the property still needs insurance coverage during probate or trust administration. Failing to address the insurance promptly can expose the estate—and the personal representative or trustee—to serious risk.
Understanding how homeowner’s insurance works after death is an important part of administering an estate in Florida.
The Insurance Policy Does Not Automatically Continue
A homeowner’s insurance policy is a contract between the insurer and the named insured. When the insured dies, the policy does not automatically update to reflect the estate, trust, or new owner of the property.
Most policies will remain in force until their expiration date if premiums are paid. However, the insurer should be notified of the death so the policy can be properly updated.
If the insurance company is not informed, coverage disputes can arise later—especially if a claim occurs.
The Property Still Needs Immediate Coverage
Even though ownership of the property is in transition, the home still faces the same risks:
- Fire
- Storm damage
- Water damage
- Liability claims
- Vandalism or theft
In Florida, vacant homes can be especially vulnerable to damage. If the home becomes vacant for an extended period, many insurance policies restrict or reduce coverage unless the insurer is notified.
For this reason, one of the early steps in estate administration should be confirming that adequate insurance remains in place.
Who Is Responsible for Maintaining the Insurance?
The person responsible depends on how the property was owned.
If the Property Is in Probate
If the property was owned in the deceased person’s individual name, the personal representative of the estate is responsible for protecting the asset.
That responsibility includes ensuring that homeowner’s insurance remains active.
Insurance carriers will often allow the policy to be updated to reflect:
“The Estate of ”
The personal representative should contact the insurer and confirm:
- The policy remains active
- Coverage limits are adequate
- The insurer knows the property owner has died
- The estate is listed appropriately on the policy
If the Property Is in a Trust
If the property was owned by a revocable living trust, the trustee becomes responsible for maintaining insurance coverage.
In many cases the policy will need to be updated so the trust or trustee is listed as an insured party.
Insurance companies commonly handle this by listing the trust as an additional insured.
Special Issues With Vacant Homes
A home that becomes vacant after death may require special attention.
Many homeowner’s insurance policies limit coverage after a property has been vacant for 30 to 60 days. Once this happens, certain types of losses—such as vandalism or water damage—may no longer be covered.
If the home will remain empty during probate, the estate may need a vacant home insurance policy.
This is a common issue in Florida when:
- A surviving spouse moves to assisted living
- Heirs live out of state
- The property will be sold during probate
Failing to address this issue can leave the estate uninsured.
Mortgage Requirements
If the property has a mortgage, the lender will typically require that homeowner’s insurance remain in place.
If the policy lapses, the lender may purchase force-placed insurance, which is usually much more expensive and provides less coverage.
Maintaining the existing policy—or replacing it quickly—is important to avoid this situation.
Practical Steps to Take After a Homeowner Dies
If you are administering an estate that includes a home, consider taking these steps early:
- Locate the homeowner’s insurance policy
- Confirm the policy is still active
- Notify the insurance company of the death
- Update the named insured if necessary
- Confirm coverage if the home will be vacant
- Make sure premiums continue to be paid
These steps help protect the estate from unnecessary risk.
Conclusion
Homeowner’s insurance is often overlooked in the early stages of estate administration, but it is a critical issue. A lapse in coverage can expose the estate to substantial financial loss if something happens to the property.
If you have questions about administering an estate or protecting estate assets, contact Bart Scovill, PLC through the contact form at Scovills.com.
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. https://scovills.com/?p=3521
Wednesday, April 08, 2026
New Estate Planning Video: Myth, Mistake, or Truth: Real Property Can Only Be Sold at the End of Probate
Myth, Mistake, or Truth: Real Property Can Only Be Sold at the End of Probate
New video is live.
Wednesday, April 01, 2026
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