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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