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The term conservatorship has become more commonly known after the infamous Britney Spear’s case, where Spears had a long and public court battle to get out of her conservatorship with her father, Jamie Spears. Britney Spears was just one of the 1.3 million people in the United States that are in legal conservatorships, according to the National Center for State Courts. When a judge determines that a person is impaired and unable to make responsible decisions in their personal and financial life due […]

How Do I Start The Probate Process In Florida? When a loved one passes away, with or without a will, probate is the process used in order to ensure a proper distribution of their assets takes place. Probate makes sure all debts and expenses are paid and that assets are distributed to the beneficiaries of the decedent (the person who passed away). A few examples of what probate assets may include are property, investments, bank accounts, life insurance, or other […]

Kim, Kanye, and Divorce By now, even if you are not following celebrity news, you have heard a thing or two about the Kanye West and Kim Kardashian divorce drama. Kim Kardashian filed for divorce from Kanye West in early 2021. Since then, there has been a multitude of issues stemming from these divorce proceedings. In the early stages, there was not too much news coming out of this, but as time has progressed, the Kim and Kanye divorce drama […]

Florida Probate and Debts Where you named the personal representative of an estate in Florida? Are you unsure of what this even means? Keep reading and we’ll be able to provide you with all the answers to your questions. Being named the personal representative of a Florida estate essentially means that you will oversee settling the decedent’s (person that has passed away) affairs. This usually happens under the probate court’s supervision in the county where your deceased loved one resided. […]

What Happens to My Retirement Plan When I Get Divorced❓ Planning for the future is important. Everyone has thought at least once about what they will do once they retire. Many people have a plan in place to save up for life after retirement. Whether it be through a 401(k), IRA, or another type of retirement account, most of the time these retirement accounts are divisible at the time of a divorce. Florida Statute 61.076, which handles the distribution of […]

Social media is one of the greatest forms of communication today. Whether one uses sites such as Facebook or Instagram, social media is becoming an increasingly common way to stay in touch and communicate with our friends, family, and even strangers. While this method is quick and effective to keep everyone in the loop of your life, if you are going through a divorce you may want to think twice before clicking “post.” Even if reality news is not necessarily […]

Life is not always predictable, and neither are child support payments. Child support payments are payments ordered by the court for the benefit of the child. The noncustodial parent will usually pay the custodial parent of the children a certain amount of money each month to provide for the needs of the children. Child Support is always an obligation, but what happens if your ability to pay changes? If you lose your job or go through another significant financial change, […]

  For most people, pets are family. Whether it be your dog, your cat, your hamster, or your exotic lizard- our pets are such an important part in our lives. But what happens with your beloved pet if you and your partner are going through a divorce? While it is hard to think of our furry (or sometimes scaly) friends as “property,” in Florida, that is how pets are classified. Unfortunately, pets are not treated like children in divorce proceedings […]

Ever hear people talking about their “trusts” and have no idea what they’re talking about? Well, a trust, simply put, is a legal vehicle that allows another party, a trustee, to distribute, hold, and/or control assets in a trust fund on behalf of a beneficiary. A trust helps give you options when it comes to managing your assets, whether you’re trying to protect your wealth and assets from taxes or pass it on to your children or loved ones after […]

World Down Syndrome Day: Special Needs and Guardianship March 21st is World Down Syndrome Day. On World Down Syndrome Day, “people with Down syndrome and those who live and work with them throughout the world organize and participate in activities and events to raise public awareness and create a single global voice advocating for the rights, inclusion and well-being of people with Down syndrome.” (https://www.ds-int.org/Listing/Category/world-down-syndrome-day) If your loved one has down syndrome, you may have heard of the term “legal […]

Usually the first step before a divorce is a separation in which during this time, spouses begin to live apart and start looking at the legal steps to filing for divorce. But did you know that “legal separation” is recognized in certain states? Some couples consider getting legally separated first rather than divorcing due to how permanent divorce is and the costs associated with it. Although many states recognize a form of legal separation, Florida has no laws specifically recognizing […]

Am I Entitled to Alimony? Following a divorce, a court may order the spouse with more financial resources to make payments to support his or her former spouse. In Florida, the courts have broad discretion in deciding when alimony is appropriate and how much alimony should be awarded. Alimony payments are not intended to be a punishment but rather are meant to bridge the gap between a spouse with higher financial prospects and a spouse with lower prospects who may […]

Who Will Inherit Bob Saget’s Fortune? 🤔 On January 9, 2022, Bob Saget unexpectedly passed away in his hotel room at the Ritz-Carlton in Orlando, Florida at the age of 65.  Most of the world knew him as “Danny Tanner” from the show Full House. At the time of his sudden passing, Saget was on a comedy tour. His last performance on the tour was in Ponte Vedra Beach, Florida just the day before he passed away. According to celebritynetworth.com, […]

Did you hear Tristan Thompson’s paternity test confirmed he fathered a third child? And it’s not with Khloe Kardashian! He released a statement on Instagram the first week of January, confirming he is the father of fitness model, Maralee Nichol’s newborn son and apologized for his actions and to those he hurt. The child was born in December 2021. Maralee Nichol filed a paternity lawsuit last year in Los Angeles against Thompson. During the court filings, several text messages were […]

Do I need a Prenup? It’s the holiday season! Meaning there will be multiple gatherings, plenty of family time, and of course engagements. If you recently got engaged then congratulations! Now it’s time to plan: location, attire, flowers, food and not to mention what comes after. Are you planning on buying a home, car, furniture, etc.? Are you geting a joint credit card? As you start to think about this next phase in your life, there is another important decision […]

Apple is a household name and a dominating brand in the world of technology. Almost everyone owns an iPhone, has an Apple ID and/or Apple iCloud account associated with their phones. With the increasing concerns of digital privacy, Apple has raised the bar on their policies meaning there will be more difficulties in the unfortunate event that the owner of that ID or account passes away. Heirs to a loved one’s estate may want access to photos, videos, and other […]

A loved one has recently passed away and you’ve decided to consult with an attorney. You want to know what your options are for probate aka “the estate process”. During this difficult time, attorneys will want to facilitate the process and one of the best options would be summary administration- the fastest and easiest form of probate. The attorney’s first question should be when did your family member die. If they passed away more than two years ago then your […]

Just to recap if you did not already know, a conservatorship is when a guardian is appointed by a Judge to essentially have control over an individual’s personal and financial life. Earlier this year, Britney Spears’ conservatorship broke the internet when the pop star revealed the degree to which her father had legal control over her life, including her having to ask permission to go on vacation, control her cell phone, and more. As we, and the rest of the […]

Where has the time GONE! We would like to thank you all for your endless support and for being a part of the FLPFLaw Family! ♥️ Here are some amazing milestones over the past 3 years! 🎉 🎉 2018: Launch of The Florida Probate & Family Law Firm On September 10, 2018, Samah Abukhodeir opened The Florida Probate & Family Law Firm (#FLPFL) located in Coral Gables, Florida. At that time, the firm was made up of Samah and her […]

When spouses think of divorce, it is often associated with a long courtroom battle. However, it is possible to resolve issues associated with a divorce without having to step into a courtroom. Couples can resolve their issues through negotiations and coming up with a mutual agreement for the terms of their divorce. Florida makes it possible for divorcing couples to stay out of the courtroom by offering a collaborative divorce. The collaborative divorce process allows spouses to come to a […]

If you are a parent of a minor child and are going through, or have already gone through, divorce proceedings, then you are likely familiar with child support payments. Florida family courts base child support payments on various factors, including the income of both parents and the child’s necessary expenses, such as costs for health insurance or school. However, the future is unpredictable, and sometimes unexpected circumstances lead to drastic personal financial changes. The family law courts in Florida understand […]

Divorce is stressful, even in the most amicable of situations. In the case of a non-amicable divorce, where you may find that your spouse starts engaging in deceitful behavior, like hiding assets that should be divided equally, Florida law has strict procedures and consequences that should eliminate some of that stress. In Florida, spouses going through divorce proceedings are required to complete a Family Law Financial Affidavit, which is meant to assure that both spouses are aware of each other’s […]

Florida law allows a stepparent to adopt his or her stepchild, to receive equal and full parental rights and responsibilities over the stepchild. It is not uncommon that a child’s stepparent fully acts as if he or she is the parent of the child being adopted, though cases vary.                Rights of Stepparents: Stepparents who haven’t legally adopted their minor stepchild possess no legal parental rights by simply being married to the child’s biological […]

When a person passes away, it is not uncommon for creditors to file claims against their estate. Typically, these claims will be filed by creditors who are attempting to collect a debt owed to them by the decedent. Oftentimes, you may not be aware that your loved one was indebted, and creditors may attempt to make claims against property or other assets in the estate. Fortunately, Florida’s  Probate laws include safeguards that are meant to protect your family from creditors […]

If you have been keeping up with the news, then you probably know that Jennifer Lopez and Alex Rodriguez have recently decided to call off their engagement. Naturally, the question becomes, who keeps the engagement ring? Luckily, this is not Jennifer’s first battle over an engagement ring. Jennifer Lopez has been engaged five times over the years and has reportedly kept her flashy rings from her past relationships. It has been reported that Alex and Jennifer’s split was amicable and […]

  It’s Earth Day! Join our law firm family in pledging to save the planet, one small action at a time.     We’re Pledging To:  Reduce our carbon footprint Eliminate plastic from our daily use Take bags to the grocery store Use natural cleaning products Carry reusable utensils Recycle and encourage others to and so much more!   Ready to take the #earthdaychallenge? Download a fun game to share with your friends here.

If you are keeping up with the news, you may be aware of pop-star Britney Spears’ ongoing legal battle over the control of her finances, career, and estate. For the past 13 years, Britney’s father, Jamie Spears, has served as her conservator. The arrangement arose following the pop-star’s struggle with mental health issues and substance abuse back in 2008. But what is a conservator, and what are the implications of this relationship? A California Conservatorship In Britney’s home state of […]

As lawyers, one of the most common misunderstandings we see is the assumption that by completing a Last Will and Testament, all of your assets and property will be distributed without court intervention should anything happen to you. Did you know that in the state of Florida, this is not necessarily true? So how do you go about making sure you’re covered? A TRUST.      So, What Exactly is a Trust? A living trust is a document created by you […]

Divorce is never easy. Emotions aside, the process can become even more complicated when couples are faced with the task of distributing property and assets. It is not uncommon for divorcing couples to disagree over who should keep what. Before wasting time with conflicts over how your property and assets should be divided during a divorce, it is important to understand some basics about Florida’s property distribution divorce laws.   Is Florida a Community Property State? — Short answer: no.  […]

Valentine’s Day has passed! Did you get engaged? Congratulations! Now it’s time to plan: location, attire, flowers, food and not to mention what comes after. Will you buy a house if you don’t already have one? Get a joint credit card or consolidate banks? As you start to think about this next phase in your life, there is another important decision you must consider: a prenup, or prenuptial agreement.  What is a Prenuptial Agreement?  A prenuptial agreement, commonly called a […]

Have you ever thought about what happens if suddenly, you become incapacitated? Incapable of managing your own health or financial affairs? Though we are often reluctant to think about these kinds of situations, mentally impairing events such as injuries or illnesses often come without warning or as a product of age.   Individuals who are unable to make these important decisions must rely on a guardian to act in their best interest. How so? Through a Designation of a Pre-Need Guardian.  […]

Conversations regarding estate planning can be uncomfortable and difficult most times. However, these conversations are important not just to protect the future of your assets, but the future of your loved ones and the legacy you plan to leave behind.  This year has taught everyone how unexpected life can be. COVID-19 cases are once again spiking, and medical experts are encouraging everyone to continue practicing social distancing as the holidays arrive. Given the unpredictable state of the world, now is […]

December is here which means stores are filled with holiday decorations and families are beginning to plan gatherings for the upcoming holidays. While some families may not have to plan ahead, parents who are amidst a child custody battle or who have already faced one should be attentive to what might happen in the next few weeks. If you have gone through a custody battle, or are currently in one, you may be familiar with a time-sharing schedule. Put simply, […]

Formal administration is Florida’s most common form of probate. When an estate does not qualify for summary administration, or some other alternative to probate administration, the estate must go through a process called formal administration. Formal administration requires close court supervision of the collection and distribution of the decedent’s estate.

A special needs trust is a trust which does not interfere with a disabled trust beneficiary’s eligibility for government benefits.

A guardian is someone who is appointed to make legal decisions for someone else, who is unable to make those decisions on their own. Guardianship may be sought for incapacitated adults or for minors. A minor guardianship creates a legal relationship between the guardian and the minor, where the guardian becomes responsible for making decisions regarding the minor’s person, property, or sometimes both.

As attorneys who practice in probate court, we know contesting a Last Will and Testament is a long process, which often involves disputes amongst beneficiaries/heirs to the estate and disputes regarding the terms of the Last Will and Testament. Although probate litigation may be overwhelming, it is not uncommon that the interested parties will be unhappy with some aspect of the Last Will and Testament’s terms and provisions. As previously discussed, dissatisfied parties may dispute the Last Will and Testament. […]

Guardianship refers to the legal process of obtaining the authority to make decisions for someone else. A guardian is appointed by the court and delegated the legal authority to act on behalf of someone’s person, property or both.

As family attorneys, we understand there are many layers to how COVID-19 will affect you and your family. One thing to remember is that your children are your #1 priority regardless of any issues you might have with your ex-spouse.

As we continue to do our part and stay safe at home, it’s important to ensure you are taking care of your mental health in addition to your physical health. For most of us, it’s been 6-7 weeks of practicing social distancing and staying at home because of COVID-19.

The Florida Probate & Family Law Firm has been identified and published in an article of the Best Family Lawyers in Miami.

Samah T. Abukhodeir, managing attorney of The Florida Probate & Family Law Firm wrote an article entitled, “Family Matters: Family Law Considerations in Estate Planning”

Samah T. Abukhodeir, managing attorney of The Florida Probate & Family Law Firm selected as a Fellow for the upcoming 2019-2021 Fellowship.

Samah T. Abukhodeir, managing attorney of The Florida Probate & Family Law Firm wrote an article entitled, “Probate and Trust Case Summaries”

Samah T. Abukhodeir has been selected to the 2019 Florida Rising Stars list, an honor reserved for those lawyers who exhibit excellence in practice.

Samah T. Abukhodeir, managing attorney of The Florida Probate & Family Law Firm wrote an article entitled, “Special Needs Requires Special Planning”

In life, when we love another person, we do our best to prioritize their interests over ours. We even think ahead and prepare everything to secure their life and welfare at times when we leave this world. Our human nature dictates that loving someone goes beyond this life and the law helps us to prepare for this issue.

A child is every parent’s highest priority. So, the possibility of not being there by their side as they grow is, although hard to fathom, a possibility with the occurrence of an unexpected life event. We must be ready for the worst and prepare for the possibility of these life events...

We all know how heart-breaking it is to see our loved ones pass away. It is even more heartbreaking to administer the assets and properties your loved ones left behind. This is why it is so important to choose the right Florida Probate Lawyer to help you with the process of probating and administering the deceased person’s last will and testament.

ActionLine is a publication of the Florida Bar Real Property, Probate & Trust Law Section of the Florida Bar and is published quarterly.

Samah T. Abukhodeir spoke on “AMA: Perspectives from Millennial Lawyers” at the 2018 American Bar Association Professional Success Summit