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What Happens If I die Without a Will? How Can an Attorney Help? Have you ever wondered what would happen if you were to pass away without a will in place? It's a common question that many people have, yet often put off addressing. In this blog post, we will explore the consequences of dying without a will and how an attorney can help you navigate the estate planning process. At Veliz Katz Law, we assist Florida residents with their estate planning needs. The Consequences of Dying Without a Will If you die without a will, your assets will be distributed according to the laws of intestacy in the state of Florida. This means that the court will decide who receives your property, regardless of your wishes. This can lead to disputes among family members and loved ones, as well as potential delays in distributing your assets. By having a will in place, you can ensure that your property is distributed according to your desires and avoid unnecessary probate proceedings. How an Attorney Can Help An experienced estate planning attorney can guide you through the process of creating a comprehensive will that reflects your wishes and protects your assets. They can help you identify key decisions such as choosing beneficiaries, selecting an executor, and outlining specific bequests. Additionally, an attorney can assist with other important estate planning documents such as trusts, powers of attorney, and healthcare directives. By working with an attorney, you can have peace of mind knowing that your affairs are in order and your loved ones are taken care of. Special Considerations for Florida Residents Florida has unique laws when it comes to estate planning and probate proceedings. For example, Florida is one of only a few states that recognizes elective share rights for surviving spouses, which allows them to claim a portion of their deceased spouse's estate even if they are not included in the will. An attorney who is familiar with Florida's laws can help you navigate these complexities and ensure that your estate plan is compliant with state regulations. Why Choose Veliz Katz Law? At Veliz Katz Law, our team of experienced attorneys understands the importance of proper estate planning for Florida residents. We take the time to listen to our clients' goals and concerns and provide personalized solutions tailored to their specific needs. Whether you need assistance drafting a simple will or creating a comprehensive estate plan, we are here to help every step of the way. In conclusion, it is essential for Florida residents to have a will in place to protect their assets and ensure their wishes are carried out after they pass away. By working with an experienced estate planning attorney like those at Veliz Katz Law, you can rest assured knowing that your affairs are in order and your loved ones are taken care of. Don't wait until it's too late – contact us today to schedule a consultation and start planning for the future.

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Understanding Child Support in Florida Child support can be a complex and sensitive topic for many families. Understanding how the court determines child support amounts, when payments should stop, and how an attorney can help navigate these matters is crucial for parents facing these challenges. At Veliz Katz Law, we are dedicated to assisting the Central Florida community with their child support needs. In this blog post, we will explore the process of determining child support payments, address when payments should cease, and discuss the benefits of working with an attorney in these situations. How is Child Support Determined? When it comes to determining child support amounts in Central Florida, several factors are taken into consideration by the court. These factors typically include each parent's income, the number of children involved, childcare expenses, health insurance costs, and any special needs of the children. The court will also consider the amount of time each parent spends with the child and may adjust payments accordingly. It is essential to provide accurate financial information during this process to ensure a fair determination of child support obligations. When do Child Support Payments Cease? As for when child support payments should stop, it usually depends on state laws and individual circumstances. In Florida, child support typically continues until the child reaches the age of 18 or graduates from high school if they are still attending. However, if a child has special needs or disabilities that require ongoing care past the age of 18, child support may continue beyond that point. It is essential to consult with an attorney to understand your specific situation and ensure compliance with all legal requirements. How Can An Attorney Help? Working with an experienced attorney can be incredibly beneficial when dealing with child support matters. An attorney can help navigate complex legal processes, ensure that your rights are protected throughout proceedings, and advocate for fair outcomes on your behalf. Whether you are seeking to establish or modify a child support agreement, having legal representation can make a significant difference in achieving a positive resolution. At Veliz Katz Law, our team is dedicated to providing compassionate and knowledgeable assistance to families facing child support issues in Central Florida. We understand the importance of ensuring that children receive adequate financial support while also protecting our clients' rights and interests. By working with us, you can rest assured that your case will be handled professionally and effectively. Navigating child support matters can be challenging without proper guidance and resources. By understanding how courts determine child support amounts, knowing when payments should cease, and enlisting the help of an experienced attorney like those at Veliz Katz Law, you can better navigate this process and achieve a favorable outcome for your family. Do not hesitate to reach out for assistance with your child support needs - we are here to help you every step of the way.

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The Importance of Estate Planning Estate planning is a crucial aspect of financial planning that often gets overlooked by many individuals. However, failing to have an estate plan in place can lead to a variety of complications for your loved ones after you pass away. Understanding the implications of not having an estate plan and the role of probate court is essential. At Veliz Katz Law, we are dedicated to helping the Central Florida public navigate through estate planning matters and ensure their wishes are carried out accordingly. What happens if you have no estate plan? Without an estate plan in place, your assets and belongings will be distributed according to state laws rather than your own preferences. This means that your loved ones may not receive what you had intended for them, leading to potential disputes and conflicts among family members. Additionally, without clear instructions on how you want your affairs handled after your passing, the probate process can become lengthy and expensive for your beneficiaries. What is Probate? Probate court is a legal process that oversees the distribution of a deceased person's assets and ensures that their debts are paid off. If you do not have an estate plan in place, your assets will go through probate court before being distributed to your beneficiaries. This can result in delays in asset distribution, added expenses due to court fees and attorney costs, and lack of privacy as probate proceedings are public record. How can an attorney help with estate planning matters? An experienced estate planning attorney can help you create a comprehensive estate plan tailored to your specific needs and wishes. They can assist you in drafting essential documents such as wills, trusts, powers of attorney, and healthcare directives. By working with an attorney, you can ensure that your assets are protected, minimize tax liabilities for your beneficiaries, avoid probate court if possible, and provide for the future financial security of your loved ones. At Veliz Katz Law, we understand the importance of proper estate planning for our Central Florida community. Our team is dedicated to providing personalized guidance and support throughout the estate planning process. Whether you need assistance with creating a will or trust, updating existing documents, or navigating probate court proceedings after a loved one's passing, we are here to help. In conclusion, having an estate plan in place is essential for protecting your assets and ensuring that your wishes are carried out after you pass away. Understanding the implications of not having an estate plan and the role of probate court is crucial for residents in Central Florida. By working with an experienced attorney at Veliz Katz Law, you can rest assured knowing that your loved ones will be taken care of according to your wishes. Don't wait until it's too late – contact us today to start creating a comprehensive estate plan that meets all of your needs.

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Financially Preparing for Divorce in Central Florida Going through a divorce can be a challenging and emotional time in anyone's life. In addition to the emotional toll, it can also have a significant impact on your finances. That's why it's crucial to be financially prepared when going through a divorce. At Veliz Katz Law, we understand the complexities of contested divorce matters and are here to assist the Central Florida public with navigating this difficult process. One of the first steps in financially preparing for divorce is gathering all necessary documents. This includes financial statements, tax returns, bank statements, mortgage documents, and any other relevant financial records. Having these documents readily available can help streamline the divorce process and ensure that all assets and debts are properly accounted for. In addition to gathering documents, it's important to consider your financial situation before filing for divorce. Take stock of your assets, liabilities, income, and expenses. Consider how you will support yourself financially during and after the divorce proceedings. It may also be helpful to consult with a financial advisor to create a budget and plan for your future financial stability. Another important consideration before filing for divorce is whether or not you need legal representation. An experienced attorney can help you navigate the legal complexities of divorce, protect your rights, and advocate on your behalf during negotiations or court proceedings. At Veliz Katz Law, our team has extensive knowledge and experience in contested divorce matters and can provide you with the guidance and support you need during this challenging time. When going through a divorce, it's essential to prioritize your financial well-being. This includes being transparent about your finances with your attorney and working together to achieve a fair settlement that protects your interests. By being proactive in gathering documents, understanding your financial situation, seeking legal counsel, and prioritizing your financial stability, you can better prepare yourself for the challenges of divorce. Going through a divorce is never easy, but being financially prepared can help alleviate some of the stress and uncertainty that comes with it. By gathering necessary documents, considering your financial situation, seeking legal representation, and prioritizing your financial well-being, you can navigate the complexities of divorce with confidence. If you are in Central Florida and facing contested divorce matters, Veliz Katz Law is here to assist you every step of the way. Contact us today for expert legal guidance tailored to your unique circumstances.

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Understanding How to Pass on Your Crypto and NFT Wealth In today’s digital age, our wealth isn’t just limited to physical assets like money or property. Many of us have valuable digital assets like cryptocurrency and Non-Fungible Tokens (NFTs), which can hold significant value. But what happens to these digital treasures when we’re no longer around? Just like you’d make arrangements for your house or savings, it’s essential to consider how to include digital assets in Florida wills. Whether you’re a long-time crypto investor or just starting to learn about digital collectibles, understanding the importance of incorporating these assets into your estate plan is crucial. Quick Summary: Cryptocurrency is digital money that works using a technology called blockchain, while NFTs are unique digital items. Both can hold significant value in today’s digital age. A will is a legal document that outlines how you want your assets to be distributed after you pass away. Just like physical assets, it’s crucial to include cryptocurrencies and NFTs in your will to ensure they’re managed and distributed according to your wishes after you pass away. Integrating digital assets in a will involves making a list of your digital assets, choosing an executor, specifying distribution wishes, providing access information, seeking legal advice, and regularly updating your will to reflect changes in your digital assets. What is Cryptocurrency? Cryptocurrency is a kind of digital or virtual money . You can’t hold it in your hand like physical money. It works using a technology called blockchain, which is like a digital ledger or record book. Some popular cryptocurrencies include: Bitcoin (BTC) Ethereum (ETH) Tether (USDT) BNB (BNB) USD Coin (USDC) Solana (SOL) Dogecoin (DOGE) Binance (BUSD) Terra (LUNA) XRP (XRP) But unlike regular money that’s controlled by governments or banks, cryptocurrency is decentralized. This means no one person or institution controls it. Instead, it operates on a decentralized network of computers. This makes transactions more secure and transparent. Understanding the basics of cryptocurrency is essential for anyone considering investing in or using digital currencies. What is a Non-Fungible Token? Non-fungible tokens (NFTs) are like digital certificates of ownership for unique items. Unlike regular cryptocurrencies, which are interchangeable and have the same value, each NFT represents something one-of-a-kind. Each NFT is unique and can’t be replicated, making it special and valuable to its owner. People use cryptocurrency to purchase NFTs in online marketplaces called NFT platforms. NFTs can represent all sorts of digital assets, such as the following: Digital artwork Video clips Social media posts Memes Gaming tokens Digital real estate What is a Will? A will is a legal document that says what you want to happen to your assets after you pass away. Your assets can be anything you own, like money, a house, a car, or even digital things like cryptocurrency or digital art. A will is like a letter to make sure your wishes are followed when you’re not here anymore.  Having a will is important because it lets you decide who gets your hard-earned assets when you’re gone. Without a will, the law decides who gets what. Your entire estate is distributed according to the laws of intestate succession. Why Should I Include Cryptocurrency and NFTs in My Will? In our modern world, money isn’t just paper bills or coins anymore. Many of us also have digital money, like cryptocurrency, and unique digital items, like NFTs. When we talk about what happens to our assets after we pass away, it’s essential to think about these digital things too. Here’s why including them in your will is a smart move: Making Sure Your Wishes Are Honored Your will is like a set of instructions for what happens to your assets when you’re not here anymore. By including your cryptocurrency and NFTs in your will, you can make sure they go to the people you want them to go to. For instance, if your beneficiaries are unaware of your Bitcoin, they might never even know of its existence if it’s not mentioned in your will. To avoid this issue, clearly describe your cryptocurrency in your will. Avoiding Confusion If you don’t say anything about your digital assets in your will, it can lead to confusion and arguments among your family members. Adding digital assets to your will helps avoid these problems by making it clear who gets what . Protecting Your Digital Assets Cryptocurrency and NFTs can be valuable, and you want to make sure they’re taken care of after you’re gone. By including them in your will, you can say exactly how you want them to be handled and who should get them. Preventing Loss or Mismanagement Without instructions in your will, your digital assets could get lost or handled the wrong way. Including them in your last will and testament ensures that someone you trust knows how to handle them properly, so they don’t get lost or end up in the wrong hands. How an Estate Planning Attorney Helps with Cryptocurrency and NFTs in Your Will Leaving cryptocurrency and NFTs to your loved ones after your death requires more planning than traditional assets. With a little work now, you can simplify the estate planning process for your beneficiaries and ensure that they inherit your digital assets. By listing them in your will, you make sure they go to the right people and avoid confusion or disputes among your loved ones.  Consulting with our Maitland FL estate planning lawyer at Veliz Katz Law who understands digital assets can help you navigate the process and ensure your will accurately reflects your intentions. We know all about laws and rules related to estates and digital assets. We can help you understand the value of your cryptocurrency and NFTs and how they should be handled after you’re gone. Our estate planning law firm can provide you with the legal support you need to include cryptocurrency and NFTs in your Florida will. With our help, you can have peace of mind knowing that your digital assets will be taken care of according to your wishes. If you’re ready to start planning your estate, contact us today to schedule a free consultation.

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Creating Harmony in Complexity Through Estate Planning Estate planning for blended families goes beyond the traditional scope, requiring thoughtful consideration of the multifaceted bonds that connect parents, stepparents, and children. A well-crafted estate plan becomes a crucial tool for fostering harmony and ensuring that the interests of all family members are properly protected. Our Florida estate planning lawyers aim to provide insights and practical advice to help you navigate the unique challenges that blended families often face. Quick Summary: From safeguarding the interests of each family member to navigating the complexities of asset distribution and guardianship, this article will give you an overview of the vital considerations that define the estate planning journey for blended families. Unique Challenges of Blended Families: Estate planning for blended families requires careful consideration of the complex bonds between parents, stepparents, and children, going beyond traditional planning scopes. Crucial Tool for Harmony: A well-crafted estate plan becomes a crucial tool for fostering harmony, protecting all family members’ interests, and ensuring fair asset distribution. Protecting Your Spouse and Stepchildren: Estate planning is vital for protecting your spouse and stepchildren, preventing challenges and contests that may arise without a valid will or trust. Clarity in Asset Distribution: Establishing precise guidelines through a will or trust minimizes misunderstandings and disputes in blended families, ensuring assets are distributed according to your wishes. Addressing Potential Family Conflicts: A well-crafted estate plan minimizes potential conflicts in emotionally charged situations, clearly articulating intentions and roles in the distribution process. Guardianship Considerations: Establishing guardianship arrangements for minor children in blended families is crucial, providing clear instructions for their care in case of incapacity or passing. Necessary Parts of an Estate Plan for Blended Families: Last Will and Testament, Revocable Living Trust , Healthcare Directives, Beneficiary Designations, Guardianship Designations, Powers of Attorney, and Prenuptial Agreements are essential components. Prenuptial Agreements for Blended Families: Prenuptial agreements are crucial for asset protection, inheritance planning, debt management, spousal support, and addressing potential family conflicts in blended families. Postnuptial Agreements for Changing Dynamics: Postnuptial agreements offer a legal framework for adapting financial arrangements to changing family dynamics in blended families. At Veliz Katz Law, we understand the unique challenges faced by blended families, and we are committed to providing comprehensive estate planning services that cater to the specific needs of your dynamic family structure. Contact us now to schedule a free consultation and let us help you create an estate plan that reflects your values, protects your assets, and secures a legacy that will benefit generations to come. What is a Blended Family? A blended family is formed when one or both partners in a marriage or relationship have children from previous unions. In these families, individuals come together to create a new family structure that includes stepparents, stepchildren, and sometimes children from the current union. This dynamic adds layers of complexity to family relationships and necessitates unique considerations in various aspects of life, including parenting and finances. Blended families may face unique legal and financial considerations, particularly when it comes to estate planning. Ensuring fair and equitable distribution of assets among both biological and stepchildren is a common concern. Whether you are a parent, stepparent, or a child in a blended family, recognizing and appreciating the diverse contributions of each family member is key to fostering a strong, united, and loving family environment. Why Estate Plans are Important for Blended Families in Florida? Estate planning is a vital aspect of financial and familial security, which is emphasized in the context of blended families in Florida. The diverse relationships and potential complexities require careful consideration and strategic planning to ensure the well-being of all family members. Here’s why estate plans are especially critical for blended families in Florida: Protecting Your Spouse and Stepchildren Blended families are especially vulnerable to estate challenges and contests, making estate planning a matter of practical necessity. Without a valid will or trust, your assets may be distributed according to state laws, potentially leaving your spouse or stepchildren with less than you intended. Florida’s intestacy laws may not align with your preferences for asset distribution.  A comprehensive estate plan could help you: Protect your biological children from uncertainty Provide for your spouse Account for your stepchildren, who may not be afforded any inheritance rights under Florida state law Clarity in Asset Distribution In blended families, determining how assets will be distributed among biological and stepchildren can be challenging. Without a clear estate plan, the risk of misunderstandings and disputes can be heightened.  In this situation, establishing precise guidelines through a will or trust helps ensure that your assets are distributed according to your wishes, providing clarity and minimizing the potential for family conflicts. Addressing Potential Family Conflicts Blended families often come with unique challenges and potential for conflicts, especially in emotionally charged situations like the distribution of assets. A well-crafted estate plan can serve as a tool to minimize disputes by clearly articulating your intentions and ensuring that everyone understands their role in the distribution process. Guardianship Considerations For blended families with minor children, establishing guardianship arrangements is crucial. If something were to happen to you and your spouse, having a clear designation of who will care for your children ensures their well-being and provides peace of mind. Without explicit instructions, the court may have to make decisions that may not align with your family’s best interests. What are the Necessary Parts of an Estate Plan for Blended Families? Estate planning for blended families in Florida involves special considerations due to the unique relationships and complexities. The components of a blended family’s estate plan are similar to most estate plans. Here are the necessary parts of an estate plan tailored for blended families: Last Will and Testament A well-drafted will is a foundational element of any estate plan. In the context of blended families, a will allows you to clearly define how your assets will be distributed among biological and stepchildren. It also provides an opportunity to name guardians for minor children, ensuring their care is entrusted to individuals you trust. Revocable Living Trust Establishing a revocable living trust can be particularly beneficial for blended families. This legal document enables you to transfer assets into a trust, providing a streamlined way to distribute your estate outside of the probate process. Trusts can include specific provisions for stepchildren, ensuring they are included in the inheritance plan. Healthcare Directives A healthcare directive allows the designated person to make healthcare decisions for you if you are incapacitated. In a blended family, it’s important to note that a non-biological step-parent may not have the authority to seek medical care for a stepchild unless the child has been adopted. It remains vital to discuss the legality of this issue with our Maitland estate planning lawyer. Beneficiary Designations It is advisable to ensure that your beneficiary designations on accounts like life insurance policies, retirement accounts, and investment accounts accurately reflect your wishes. This step is crucial, as these designations often supersede instructions in a will. It is important to identify the beneficiaries, considering both biological and stepchildren. Guardianship Designations Clearly specify guardianship arrangements for minor children in the event of your incapacity or passing. This is especially important in blended families where step-parents may play a significant role in a child’s life. Open communication with all involved parties is crucial to ensuring that everyone is comfortable with the designated guardians. Powers of Attorney Establishing powers of attorney is essential for blended families. A financial power of attorney designates someone to manage your financial affairs if you become incapacitated, while a healthcare power of attorney appoints someone to make medical decisions on your behalf. These documents are vital for ensuring that individuals you trust will act on your behalf. Prenuptial Agreements A prenuptial agreement is a legal contract entered into by a couple before marriage. While often associated with asset protection in case of divorce, it can also serve as a valuable tool for addressing unique financial considerations in blended families. Discussing the possibility of a prenuptial agreement early in the planning process allows both partners to express their concerns, expectations, and long-term goals. When crafting a prenuptial agreement, it would be wise to consult with our Maitland estate planning attorney to ensure that your interests are adequately represented, and the agreement is fair and enforceable. Here are some of the key considerations for blended families: Asset Protection: A prenuptial agreement can be used to clearly define a separate and marital property to protect the assets brought into the marriage in the event of the death of one of the spouses, particularly those intended for children from previous relationships. Inheritance Planning: Address how assets will be distributed upon the death of one spouse, ensuring that each spouse’s children receive the intended inheritance. Debt Management: Outline how pre-existing debts will be handled, protecting each spouse from the other’s financial obligations. Spousal Support: Articulate expectations regarding spousal support or alimony, including whether it will be waived, modified, or how it will be calculated in the event of divorce. Postnuptial Agreements If for whatever reason a prenuptial agreement is not feasible in your particular situation, it is not too late to get together with your spouse and create a legally binding document that ensures that both spouse and children will be properly cared for.  A postnuptial agreement is a legal contract entered into by a couple after marriage, outlining the financial terms and conditions that will apply in the event of divorce or death. Since family dynamics in blended families may change over time, a postnuptial agreement allows couples to adapt financial arrangements to align with the evolving needs of the family. Secure Your Blended Family’s Future – Our Maitland Estate Planning Lawyers Now! Estate planning is a proactive and thoughtful approach to protecting the well-being of your blended family. It provides a legal framework that aligns with your values and ensures that your wishes are honored, fostering financial security and family harmony. Consulting with our Maitland FL estate planning attorneys at Veliz Katz Law can help you navigate the complexities specific to blended families and create a comprehensive plan tailored to your unique circumstances. Our estate planning law firm has extensive experience in creating comprehensive estate plans for blended families in Florida. We take time to understand your family dynamics, financial situation, and your specific goals and concerns. This allows us to tailor the estate plan to align with your unique circumstances. We also consider not only your spouse but also addressing the needs of your biological and stepchildren, ensuring a fair and transparent process. Your family’s journey is unique, and so should be its plan for a secure and harmonious future. Ensure that your legacy becomes a source of strength and stability for generations to come. Contact us today to schedule a free consultation and take the first step toward securing a comprehensive and tailored estate plan for your blended family’s future.

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When it comes to probate, there are a lot of misconceptions floating around. Probate can be a confusing and overwhelming process, so it’s no wonder that there are so many myths about it. Whether you are creating an estate plan or were appointed to serve as the personal representative of someone else’s estate, you need to understand how the probate process works. Our  probate attorneys  at Veliz Katz Law can clear up some of the most common misconceptions about probate to ensure that you can separate fact from fiction. From their office in Maitland, Florida, David W. Veliz and Norberto S. Katz serve clients throughout Central Florida, including Winter Park, Maitland, Orlando and Kissimmee. Top Eight Misconceptions About Probate Let’s dispel some of the most common misconceptions about probate: If I leave behind a will, my estate won’t go through probate . This is one of the most common misconceptions about probate. Many people believe that if they have a will in place, their estate will automatically bypass probate court. However, this is not always the case. Even if you have a will, your estate may still need to go through probate if the value of your assets exceeds a certain amount. Probate means that the state gets all my assets . Another common misconception about probate is that the state will automatically take all of your assets once you die. This is simply not true. Probate is the legal process of distributing your assets after you die. Probate does not automatically mean that the state will take all of your assets, even if you die without a will in place. If you do not leave behind a will, your assets will be distributed to heirs according to your state’s laws of intestate succession. It is not possible to avoid or minimize probate . The reality is that there are ways to avoid or minimize probate. For example, you can use a revocable living trust to transfer property outside of probate. You can also set up beneficiary designations on your accounts, and they will pass directly to your named beneficiaries without going through probate. There are other methods, such as gifting assets during life and transferring real estate ownership in joint tenancy with the right of survivorship.  Estate planning attorneys  can help you identify which strategies might be best for your individual situation. The probate process will take years to finalize . Many people believe the probate process is always long and drawn out, but this is usually not the case. The majority of probate cases are resolved within six to twelve months. In some cases, the process may take longer if there is a dispute over the estate or if the estate is complex. However, in most cases, the process does not take years to finalize. All of your assets must go through probate when you pass away . That isn’t necessarily true. Some types of assets are exempt from the probate process entirely because they don’t need court involvement for transfer upon death (e.g., retirement accounts with designated beneficiaries). Assets held in joint tenancy with the right of survivorship automatically pass to the surviving owner(s) without going through probate as well. Estate taxes will eat up all the inheritance I leave for my family . Yes, when someone dies, their estate could be subject to estate taxes under federal law. However, most estates are too small to be subject to federal estate taxes. According to the Internal Revenue Service (IRS), federal estate tax applies if the deceased individual’s assets are worth $12.92 million or more. Probate is a routine and simple process . Probate is not always quick and easy. It depends on the complexity of the estate and whether there are any disputes among beneficiaries or creditors. The more complicated an estate, the longer the process may take. It’s important to note that some states have simplified procedures for small estates, but even then, it’s still necessary to prepare documents, go to court hearings (in some states), pay fees and taxes, transfer property titles, etc., which all take time and effort. I don’t need an attorney to go through the probate process . It’s true that you are not required to have an attorney to go through the probate process. However, it’s highly recommended that you hire an attorney. An experienced probate attorney can help you navigate the legal complexities of probate and ensure that everything is done correctly and in a timely manner. Probate can be a confusing and overwhelming process, but it’s essential to separate fact from fiction when it comes to this legal process. Ultimately, talking with an experienced attorney who specializes in estate planning law will help determine what steps need to be taken in order for heirs or beneficiaries to receive their inheritances quickly and efficiently upon one’s passing away. Veliz Katz Law Can Help With careful planning, much of the confusion surrounding probate can be avoided altogether – leaving more time for family members and friends to grieve without having to worry about legal complexities involving one’s final wishes after his/her death. Learn more about the probate process during a free consultation with our attorneys at Veliz Katz Law. Contact our office today for a free case review.

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Contrary to what most people believe, pre-nuptial agreements are not solely for wealthy, high-net-worth individuals. Prenuptial agreements are highly useful legal documents for people from all walks of life. Therefore, knowing how they work and their benefits for Florida residents is important. At Veliz Katz Law, Attorneys Veliz and Katz are prepared to guide you through the process of drafting and finalizing a prenuptial agreement in Orlando, Florida, and neighboring areas (throughout Central Florida, including Kissimmee, Winter Park, and Maitland).  Reach out today for guidance. What Is a Pre-Nuptial Agreement in Florida? A pre-nuptial agreement or prenup is a legal document in which spouses agree on the terms and conditions of specific aspects of their marriage. Prenups generally focus on financial and legal terms though a number of other things may be included. Overall, folks use prenups to protect assets acquired before a marriage. Prenups can also manage assets acquired during the marriage, specifically determining what can happen to these assets in case of death or divorce. Please note that a marital agreement is not  only  intended for wealthy individuals. Any person, regardless of their net worth, can use a marital agreement to protect their assets and income and avoid taking on their spouse’s liabilities. What Does a Pre-Nuptial Agreement Cover? Here is a look at what a pre-nuptial agreement covers in Florida: Identification of the marital property.  This situation includes determining which assets belong to the marital property and which ones were acquired before the marriage. Separation of the marital property.  This aspect covers determining which assets are part of the marital property and which ones can be considered non-marital property. For instance, purchasing a family home (even if it is registered to only one of the spouses) is considered marital property. In contrast, an inheritance or gift would not constitute non-marital property. Determining and allocating liabilities.  Like assets, debts can also be separated and allocated based on individual circumstances. For example, a mortgage on a family home would be a marital liability. However, individual credit card debts can be separated to avoid affecting the other spouse’s financial record. Spousal support.  Spousal support or  alimony  is a common inclusion in a pre-nuptial agreement. The prenup can stipulate specific conditions regarding alimony in case of divorce. Children from a previous marriage. A prenup may consider special provisions regarding inheritances to children from a previous marriage. These provisions may also exclude children from previous marriages from receiving any share of property. Family property . A prenup can specifically determine the family property that must remain within one of the spouse’s family. For example, a prenup can state that family heirlooms must remain within the family following separation or divorce. Please note that some items  cannot  be included in a prenup. Child custody.  Child custody agreements cannot be included in a prenup. Child custody matters must be resolved with the court’s consent. Child support.  Similarly, a prenup cannot include child support payments. The court must ultimately assign this figure following a divorce filing. Routine or daily life.  Prenups should not include routine aspects such as who does which household chores. These types of agreements are not enforceable and can lead a marital agreement to seem less serious. Nevertheless, it is possible to regulate these activities in a separate, private agreement. On the whole, please remember that prenups are meant to protect assets in case of separation or divorce. Therefore, it is important to ensure these aspects are reflected throughout the document. Who Should Get a Pre-Nuptial Agreement? In short, anyone who wishes to protect their assets should get a prenup. While some people may feel that a prenup is not romantic and implies that the relationship will end in divorce, it is always best to play it safe. Also, a prenup allows both spouses to feel more comfortable and secure about their financial position, as well as open the communication for the couple, particularly when entering a second or third marriage. Why Is a Pre-Nuptial Agreement Important in Florida? Here are three compelling reasons why a pre-nuptial agreement is important in Florida: A prenup helps set clear boundaries.  This approach makes settling disputes much easier in the long run, especially when looking to determine “who owns what.” Getting a prenup allows the spouses to discuss what is important to each other . In doing so, the spouses can take proactive steps to protect the assets that truly matter to them. A marital agreement helps protect the spouses should anything change in the future.  By having a prenup, the spouses can take the guesswork out of dealing with any unforeseen situations. Enforceability of a Pre-Nuptial Agreement Above all, a solid prenup should be enforceable. In other words, the agreements and conditions must be clear and easy for a court to uphold. Vague provisions may cause the court to request amendments or dismiss the filing. Talking to a professional  family law attorney will help determine which aspects are enforceable, making the prenup as good as it can be. Getting the Right Legal Counsel in Florida The  attorneys at Veliz Katz Law  work with their clients to protect what truly matters to them. They strive to give clients the best legal advice possible in Orlando, Florida, and neighboring areas in Central Florida. Call today to speak with a professional Family Law Attorney in Orlando. Your actions now can save you thousands of headaches and costs down the road.

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According to 2020 National Census data, 47.2% of children are born to unwed mothers in the state of Florida. This can make it complicated when trying to decide child custody when you’ve never been married to the other parent. There are a number of issues unwed parents may face when splitting up or navigating their co-parenting roles, and it’s essential you understand how state laws will affect how child support or parenting time is determined. If you’re concerned about your rights as a parent in a situation like this, reach out to Veliz Katz Law to speak with a  family law attorney. Located in Orlando, Florida, David W. Veliz and his team can represent clients throughout Central Florida, including Kissimmee, Winter Park, and Maitland. Custody of Child Born to an Unwed Mother Each state sets their own laws on the legal status of a child born to an unwed mother. In Florida, the mother is considered the natural guardian of a child born out of wedlock and is automatically granted sole custody. This is true even if   the father is named on the birth certificate. This right of custody also means that the mother gets to decide whether or not the father will have visitation rights with the child. If the mother decides not   to grant these rights, only a court order can override this. While this may seem unfair to a father who wants to play a meaningful role in their child’s life, it’s important that you never violate state law. The best way to go about establishing paternity or seeking shared custody of a child born to an unwed mother is to work with a local child custody lawyer. Establishing Paternity Often, one of the first things you should do when seeking visitation or custody rights for your child is establishing paternity. If you’re married to the mother when the child is born, paternity is automatically assumed; however, when you’re unwed, you’ll have to take additional steps, and this can be done in one of a few ways. You and the mother may agree on paternity, in which case you can sign a “voluntary acknowledgment of paternity” in the hospital at the time of the birth. If you have not done this, either the mother or father can file a petition to the court to establish paternity, or this can be done with the aid of legal representation or the Florida Department of Child Support Services. If paternity is established, you can then pursue your parental rights for custody and visitation. Additionally, you’ll be legally responsible for providing child support if it’s deemed necessary by the courts. At the federal level, parents are also protected by the Uniform Parentage Act (UPA) which sets common standards such as testing and going through the court system to establish paternity. Issues Unwed Parents May Face If you’re in a relationship with a co-parent but are unwed, there are several issues you’ll need to decide concerning your child. One of these will be determining what school your child will attend and where it will be located. This may be decided based on what parent the child spends more time with, but you may choose to enroll them in a school that lies in the non-custodial parent’s district. You’ll also have to choose a last name for the child, whether this belongs to the mother or the father. One potentially impactful decision that has to be made is what parent will claim the child as dependent on their taxes since you won’t be filing jointly as a married couple. Claiming a dependent on your federal taxes can mean a significant tax break for one parent. In some cases, this may mean that both parents switch off from year to year to evenly distribute this benefit. If one parent marries another partner, there will also be issues to contend with about the stepparent’s role in the child’s life. In some situations, the new stepparent may wish to actually adopt their spouse’s child, which means the non-custodial parent relinquishes all rights to the child. Importantly, this kind of adoption almost always has to be consented to by both parents and only in extreme cases would a judge allow for stepparent adoption without the approval of both parents. This would generally mean that one parent has been abusive, neglectful, or absent from the child’s life. Veliz Katz Law: Skilled & Compassionate Counsel Raising children is never easy even under the best circumstances, but it can be made even more difficult if you were never legally married to the other parent. Because these issues can be so contentious and consequential, you need to have a skilled attorney working on your side to establish and ensure parental rights. If you’re in the Orlando, Florida area, call Veliz Katz Law today to schedule an appointment.

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Going through a divorce is hard enough on its own, but having to make difficult decisions about who children should live with makes it even harder. According to the Centers for Disease Control and Prevention (CDC), the divorce rate in Florida is considerably above the national average with 3 per 1,000 population compared with only 2.3 nationwide. This means even more families are having to tackle these difficult issues. If you’re going through a divorce with children—especially if they’re older—you may be asking yourself, “Can a child determine which parent they want to live with?” The answer is not always so clear-cut, and the best way to truly understand what factors are at play is by working with an experienced family law attorney who can evaluate the specifics of your situation. If you’re in the Orlando, Florida, area or anywhere throughout Central Florida, including Kissimmee, Winter Park, and Maitland, reach out to the legal team at Veliz Katz Law for any questions you have about divorce or child custody determination. Child Custody in Florida When a married couple with children divorces in Florida, they must decide how to split custody. This is broken down into two categories: parenting time and parental responsibility. Parenting time refers to the actual days and time period the child will spend with each parent, and although it’s ideal that each parent gets an equal amount of time, this can be split up however the couple or judge sees fit. One factor that could affect parenting time is where each parent lives and how this relates to the child’s educational needs. If the parents live far away from one another, it may make it hard to achieve 50/50 parenting time if it means a long drive to and from home or school. The second category of custody is called parental responsibility, and this refers to who will make major decisions on behalf of the child, such as educational, medical, religious, or legal issues. This responsibility can be shared (joint custody) or assigned to just one parent (sole custody). Importantly, even if one parent is awarded sole custody in terms of decision-making, the two parents can still split parenting time equally. Alternatively, it’s possible for one parent to have more physical time with their child but for both parents to have a joint say in major decisions. How Is Custody Determined in Florida? Ideally, custody and parenting time determination is decided by the couple. When the couple is able to reach a decision, it will be passed along to a judge who will have to approve it. If the couple cannot decide, then they must use mediation or have a judge decide. In all scenarios, the best interests of the child are the number one priority, and whenever possible, it’s preferable for the child to have regular and frequent contact with each parent. Some people falsely believe that the mother is given preference in such matters, but the truth is both parents are treated equally unless there’s a clear indication that the child would be in danger with one parent. When deciding custody matters, a judge will look at several factors, including how old the child is, the educational and health needs of the child, the ability of each parent to provide a stable home, the willingness of each parent to foster and support a relationship with the other, where each parent’s home is physically located, and in some cases, the preferences of the child. However, in this last case, there are a number of considerations to be made, and one of the most common questions divorcing parents ask is, “At what age can a child choose which parent to live with?” Child’s Preference In some instances, a judge will take into account the child’s preferences when deciding custody and visitation rights, and the major factor in this is the child’s level of maturity. Although this is somewhat predicated on how old they are, there is no official age a child must be before they can offer their opinion. Instead, a judge will look holistically at the family and the child to gauge their intelligence and their understanding of the outcomes of their decision. The judge will also ensure that the child has enough experience with each parent so they’re making an informed decision and not simply rebelling against one or the other. In some cases, a judge will allow a child to testify in court. In other cases, they’ll appoint a mental health professional to interview the child privately and then testify on their behalf as to their preferences.However, even though a judge may listen to the child and consider their preferences, this will not be the only deciding factor. In general, the older and more mature a child is, the more likely a judge will be to give their preferences weight. Turn to Veliz Katz Law If you’re going through a divorce with children and want to speak with an experienced child custody lawyer , schedule a consultation today with Veliz Katz Law in Orlando, Florida.