Nelson C. Keshen, P.A.

How can you pass down a condo in Miami without added headaches?

2026-10-07T14:29:46Z

Condo living is part of the heartbeat of Miami. However, passing a condo to family can involve more than simply handing over the keys. Homeowners association (HOA) rules, unpaid assessments and Florida homestead laws can all affect what happens after an owner dies. Planning ahead can make the transfer smoother and help loved ones avoid unexpected problems.

How can HOA rules affect the transfer?

Before an heir can take ownership of a condo, the association may require approval if its governing documents give it that authority. If those documents also allow a fee for processing the approval, the association may charge up to $150 per applicant under Florida law. Therefore, owners should review the condo declaration and bylaws before making an estate plan. They should check whether the association requires approval for a transfer and what steps that process involves. They should also determine whether an authorized transfer fee may apply. Money owed to the association also matters. Under Florida condominium law, a new unit owner can share responsibility with the prior owner for unpaid assessments that became due before the transfer. Special assessments can also create a large financial burden. As a result, owners should keep records of regular dues, special assessments and any amounts still owed.

How can Florida law affect the plan?

A Miami condo may qualify as a Florida homestead if the owner uses it as a primary residence and meets the legal requirements. If so, special inheritance rules may affect who can receive the property. For example, Florida homestead law restricts how an owner can transfer homestead property at death when the owner has a surviving spouse or minor child. For this reason, owners should consider these restrictions before choosing how to pass down the condo. One option is a will, which lets an owner state who should receive the property after death. However, a will generally does not keep the condo out of probate. The court may still need to oversee the transfer to the named beneficiary. A Lady Bird deed, or enhanced life estate deed, can offer a different path. The owner keeps control of the condo during life and names a beneficiary to receive it at death. When properly prepared and legally appropriate, the deed can transfer the condo directly to that beneficiary without probate.

How can planning make the transfer easier?

Condo owners should review more than the name on the deed. They should also consider family circumstances, homestead restrictions, HOA requirements and unpaid assessments. An estate planning attorney may help an owner determine whether a will, Lady Bird deed or another option fits the situation. Careful legal guidance may also help prevent a transfer plan from conflicting with Florida homestead rules or the condo's governing documents.

Why an out-of-state will could trigger probate problems in Miami

2026-10-06T11:51:01Z

Thousands of people move to South Florida from New York and Chicago every year. Most assume their legal documents from back home still protect them. That assumption can lead to serious legal problems. Florida does recognize out-of-state wills, but conditions apply. The will must be properly executed under the originating state's laws and cannot be handwritten or oral.

What people commonly get wrong

Many people believe that a signed will is enough. Snowbirds or retirees who spend winters in South Florida but maintain a permanent home in another state often fall into this assumption. In Florida, that is rarely the complete picture. State residency rules, executor qualifications and property location all shape how probate unfolds. Overlooking even one of these details can unravel an otherwise solid estate plan.

Florida requirements for a valid will

Florida law outlines clear rules for executing a valid will. The testator must sign the document in front of two witnesses. All parties must sign together in the same setting. Some states allow more flexibility. As a result, a will that meets the standards of one state may fall short of Florida's requirements.

Out-of-state executors often cannot qualify

Beyond execution rules, Florida law also restricts who can serve as a personal representative. This is the person legally responsible for managing and settling the estate. The state allows residents and relatives of the deceased by blood, adoption or marriage to serve in this role. If an out-of-state will names someone outside these categories, the court will reject that appointment.

How ancillary probate creates complications

Florida property ownership adds yet another layer of complexity. When someone from another state passes away while owning real estate or assets in Florida, the estate must go through ancillary administration here. This is a separate legal proceeding that runs alongside the primary probate in the home state. Two simultaneous probate cases mean double the cost, more paperwork and significantly longer wait times for the family.

The hidden financial and emotional costs of probate

Probate complications do more than create delays. They put financial stress and emotional strain on the people your loved ones leave behind. Estate assets can remain frozen for months. Legal fees accumulate quickly, and the estate shrinks long before your family ever receives their inheritance.

Protecting your legacy with a Florida-compliant estate plan

Probate complications affect the people your loved ones leave behind the most. A will that does not meet Florida's standards can put your family's inheritance at risk. Ensuring your estate plan meets state requirements removes that burden from the people who matter most.

Is there a way to speed up the probate process in Florida?

2026-07-06T11:46:47Z

The grief of losing a loved one can increase when you think about Florida’s probate process. This usually takes a lengthy period, which can prevent you and your family from moving on. You may have the option to expedite the process, provided that you meet the state’s eligibility requirements.

How Florida’s summary administration works for families

A summary administration is the shorter and less expensive probate process. Unlike traditional probate, this can conclude within a few weeks. It is important to note that not all families in Florida qualify for summary administration. You may only apply for this if the decedent’s non-exempt probate estate value does not exceed $150,000 starting July 1, 2026. If a family member passed away before the effective date, you can only petition for summary administration if their estate value does not exceed $75,000.

Kinds of assets that go through probate

Not all belongings of your loved one count in probate. Common probate assets usually include:

Real estate property titled in the decedent’s name
Cars, motorcycles and boats
Artworks, cryptocurrencies, collectibles and jewelry
Business interests and physical cash
Bank or brokerage accounts with no designated beneficiaries

Calculating the sum of all these values will determine whether you can use summary administration. Exempt assets, such as the family home, two personal vehicles and accounts with designated beneficiaries, do not count toward the cap.

When the two-year rule exception applies

You can also apply for summary administration if the decedent has been deceased for more than two years. This means that estates that exceed the financial threshold can bypass the lengthy process. The reason why this rule exists is because of Florida’s statute of repose for creditors. They must file their claims within two years of the decedent’s death. If this window passes without creditor claims, the court can safely transfer the estate to the beneficiaries. However, you cannot proceed with a summary administration if the decedent’s will forbids it. The court respects any defined terms that command the estate to go through formal administration.

Proceeding with caution and proper guidance

Summary administration can save your family time and money, but only if your eligibility is calculated perfectly. Missing a single non-exempt asset can disrupt the entire process.

Eliminate the guesswork. Put decades of proven Florida probate experience in your corner. Contact [nap_names id="FIRM-NAME-1"], today to schedule a consultation and to secure the experienced guidance your family deserves.

Common estate planning mistakes you should avoid

2026-04-29T13:50:37Z

In Florida, even a well-drafted estate plan can fall short if it is not kept current or tailored to the state’s unique laws. Many people unintentionally create problems for their families by overlooking a few common issues that creep up repeatedly when developing an estate plan. Knowledge is power, and here are some of the most common mistakes that everybody should know about.

The top pitfalls in estate planning

1. Over-Reliance on Joint Ownership or POD Designations

Some individuals try to simplify planning by using joint ownership, payable-on-death or transfer-on-death designations. While these tools can be useful in certain situations, they can also cause unintended consequences if they are not part of a broader estate planning strategy. Adding a child or another person to an account or property may unintentionally disinherit other beneficiaries, expose assets to that person’s creditors or limit your control over an asset during your lifetime.

2. Ignoring Beneficiary Designations

Beneficiary designations should be explicitly addressed when estate planning, although not in foundational documents like a will or trust. Retirement accounts and life insurance policies pass according to the contract on file, not the instructions in a will or trust. If those designations are outdated, they can override the intentional structure of your broader estate plan.

3. Neglecting Incapacity Planning

Planning for incapacity is also necessary. Estate planning is not only about what happens after death. Without updated documents such as a durable power of attorney, health care surrogate designation and HIPAA authorization, loved ones may have difficulty managing finances or making medical decisions if you become unable to do so.

4. Overlooking Florida’s Unique Homestead Laws

Florida’s homestead and family protection rules also require special attention. The state provides unique protections for a primary residence, but it also imposes restrictions on how that property can be transferred, particularly when a spouse or minor children are involved. A plan that worked in another state may not comply with Florida law, potentially leading to unintended results or legal challenges.

5. Failing to Update After Major Life Changes

Once an estate plan has been created, know that failing to update an estate plan after a major life change can also be problematic. Marriage, divorce, the birth of a child, a death in the family or a move to Florida can all affect how assets should be distributed. Yet many people continue relying on documents that reflect an earlier stage of life. An outdated will or trust can lead to unintended beneficiaries, confusion and probate disputes. Avoiding these mistakes starts with regular review and thoughtful planning. Working with an experienced Florida estate planning legal team can help to better ensure that your documents reflect your current wishes, comply with state law and provide clear guidance for your family.

Inheritance traps that can impact blended families

2026-04-20T12:30:14Z

Starting a blended family can be an exciting change for parents and their children. Yet, issues inevitably arise when family dynamics shift. For example, there are major estate planning and inheritance issues to address when establishing a blended family in Florida. Specifically, there are inheritance traps that people may overlook if they don't specifically revise their estate plans to reflect their new family arrangement. What do parents who have recently remarried need to need to know to protect themselves, their loved ones and their legacies?

A simple will may not be sufficient

Relying on just a will or failing to create an estate plan is perhaps the most common blended family inheritance trap. People who live with and support their stepchildren may assume that they have automatic legal protection. However, stepchildren generally only have the right to inherit if an estate plan allocates assets to them as named beneficiaries or their stepparents legally adopt them. Intestate succession laws in Florida do not protect stepchildren in a blended family scenario. Additionally, a simple will may not hold up under scrutiny in probate court in the event of a dispute. Florida does not enforce no contest clauses, which means that anyone with an interest in the estate could potentially challenge the will in court without risking their inheritance.

The impact of spousal inheritance rights

Spouses have a legal right to inherit from one another's estates. Neither spouse can unilaterally disinherit the other by allocating all of their resources to other beneficiaries, even if those beneficiaries are their children from a prior relationship. Florida allows a surviving spouse to receive a minimum of 30% of the deceased individual’s estate, even if they are not included in a will.

Beneficiary designation issues are common

People with financial accounts and life insurance policies may file beneficiary designations with their insurance companies or financial institutions. Those internal documents dictate who actually receives life insurance proceeds or takes control of an account after the current owner's death. Outdated beneficiary designations can complicate probate proceedings, as they generally take priority over any language in a will intended to allocate those resources to specific beneficiaries.

What documents should people update?

Numerous documents require revision when an estate plan is impacted by the creation of a blended family. The documents that people may need to review with a skilled legal team include:

Wills
Trusts
Powers of attorney
Living wills
Healthcare surrogate designations

Updating all of these documents can help ensure that an estate plan extends appropriate protection to all members of a newly-established blended family. Working with a Florida estate planning attorney is critical for those with complex familial and financial circumstances. Proper guidance can make it easier to avoid common Florida inheritance traps when family circumstances change.