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Florida courts have the best interests of children in mind when reviewing and approving parenting plans. But what if your circumstances change and you need to modify a parenting plan? Are you eligible to request changes to the plan? The short answer is “ Yes.” No parenting plan is set in stone, and Florida courts recognize that the parents’ circumstances may change over time and that children’s needs also change as they age. While it is possible to change a parenting plan, doing so can be a complex process. That is why you need legal advice and guidance from an experienced attorney to help you with the modification process. The knowledgeable and results-driven attorneys at Veliz Katz Law assist individuals with family law modification issues in Orlando, Florida, and throughout Central Florida. David W. Veliz, a  family law attorney  with over 25 years of legal experience, knows what it takes to modify a parenting plan and protect the best interests of the children. From their office in Orlando, Florida, the attorneys at Veliz Katz Law also serve clients in Maitland, Kissimmee, Winter Park, and neighboring areas. Can Parenting Plans Be Modified? According to a 2022 research article by Demographic Research, shared physical custody is increasing in the United States. However, a parenting plan established after a divorce or separation may no longer work as children get older or the parents’ circumstances change. While it is possible to modify a parenting plan, you must make sure that you are eligible to request a modification. You need to understand child custody modification eligibility requirements in Florida before filing a motion to modify the existing plan. When requesting changes to a parenting plan, the parent who files the motion must describe how the circumstances have substantially changed since the date the plan was entered or last modified. The petitioner must also explain how the proposed modifications would be good for the child (children). The court will review your arguments to determine if there are grounds to approve changes to your parenting plan. Common Reasons to Change a Parenting Plan There can be many different reasons to request changes to a parenting plan. Some of the most common reasons to modify a parenting plan include: Relocation . In the context of modifying a parenting plan, relocation occurs when one or both parents move to another city, state, or country. If the move complicates the existing child custody and visitation arrangements, the parents will likely request a modification of the parenting plan. The child is in danger . As mentioned earlier, Florida courts focus on the best interests of the children when establishing or modifying parenting plans. Thus, the endangerment of the child is arguably the most compelling reason to change a parenting plan. However, there must be convincing evidence to demonstrate that not changing the plan could endanger the child. Failure/refusal to follow the terms of the plan . If one of the parties fails or refuses to follow the terms written in the parenting plan, it could be grounds for requesting a modification. However, the petitioner must show evidence proving the violation has occurred and that the violation constitutes a substantial change of circumstances. Changes in the child’s needs . As children grow up, their needs are likely to change. Thus, what worked years ago when the parenting plan was initially established may no longer work because the child’s needs have changed. Each case is unique, which is why it may be difficult to determine if your circumstances make you eligible to change a parenting plan. You can get a consultation from a skilled family law attorney to evaluate your situation and understand your options for making a modification. The Process of Modifying a Parenting Plan Now that you know what makes you eligible to change a parenting plan in Florida, let’s discuss the process of modifying the plan. If you wish to change a parenting plan, the first step is to submit a written petition to the court that entered the existing parenting plan. When filing the petition, you must also submit the following documentation: A proposed parenting plan that, in your opinion, would be in the child’s best interests; and, A written explanation of why you seek to change a parenting plan and why the proposed modification is justified. However, when modifying a parenting plan, your own testimony and statements may not be sufficient to convince the court that a modification is necessary, especially if the other parent objects to the proposed changes. For this reason, you need to build a strong case that supports your arguments and proves that modifying a parenting plan would be in the best interests of the child. Statements from credible witnesses are some of the most valuable pieces of evidence in child custody modification cases. Personalized Advocacy: Veliz Katz Law With decades of combined legal experience, family law attorneys David W. Veliz and Norberto S. Katz help clients across Central Florida modify their parenting plans and other court orders. Veliz Katz Law provides unparalleled and personalized advocacy and helps clients confront the legal issues of seeking family law modifications.  Contact Veliz Katz Law  to schedule a case review and discuss your case.

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If you have reason to believe that a loved one’s will should be contested, you may wonder about the process of challenging a will in Florida. Not everyone can contest a will, and there must be valid grounds for challenging the document. The  probate attorneys  at Veliz Katz Law help clients with contesting wills. If you are considering challenging a will, contact David W. Veliz to discuss your specific situation and find out your options for contesting a will. With an office in Orlando, Florida, Veliz Katz Law provides estate planning services to clients throughout Central Florida, including Maitland, Winter Park, and Kissimmee. Reasons a Will Can Be Challenged You cannot challenge a will simply because you do not agree with what has been written in the document. There must be valid grounds for contesting a will in Florida. If any of the following circumstances exists, a person with legal standing may have grounds to file a petition asking the probate court to throw out a will: Lack of testamentary capacity . Under Florida law, a will must be executed by an adult person who has mental capacity. In other words, if the testator was not of sound mind and judgment to understand the consequences of their actions when drafting a will, the document may be challenged on the grounds of the testator’s lack of testamentary capacity. Undue influence or duress . Another common reason for challenging a will is if there is evidence to prove that someone put pressure on the testator to coerce or manipulate them into disregarding their own wishes and following the influencer’s instructions for their own personal gain. Fraud . If there is evidence to prove that the testator was deceived into executing or modifying their will, parties with legal standing may have grounds to challenge the will. Forgery . The validity of a will can be challenged if it was fraudulently signed by someone other than the testator. Revocation . You can challenge a will if you can prove that the document had been revoked by the testator prior to their death. Improper execution . Florida law requires a will to be signed by the testator and two competent adult witnesses. A will can be challenged on the grounds of improper execution if it was not properly executed, witnessed, or signed. If you believe that you have grounds to contest a will, consider speaking with an  experienced probate attorney  to assist you in determining whether you have legal standing to initiate the proceedings immediately. Who Can Contest a Will in Florida? Under Florida law, you must have legal standing to be able to contest a will. Anyone who falls into the category of an “interested person” may have legal standing to challenge a will in Florida. An interested person is any person who has a reasonable expectation that they will be affected by the estate administration. In will-contest cases, interested persons may include the testator’s heirs, beneficiaries, and creditors. Before considering your petition, the probate court will determine whether you have legal standing to challenge the will. Time Limit to Contest a Will In addition to determining whether you have legal standing and grounds to contest the will, you must also be aware of the time limitations for filing a petition. In other words, you must bring a petition to challenge a will within a certain time frame. Otherwise, you will be barred from contesting a will. Under Florida law, you only have three months – 90 days – to contest a will. The clock starts ticking on the date you are served with a notice of administration. Because there is limited time to challenge a will and the process is complex, you may need the assistance of a skilled attorney to navigate the will contest process more effectively. The Process of Contesting a Will A will contest is not a separate lawsuit. If you wish to challenge a will, you will need to initiate an adversary proceeding within the existing probate case. In order to contest a will in Florida, you need to file a petition with the probate court. In the petition, you need to explain why the probate court should throw out the will. Keep in mind that you have limited time to contest a will in Florida. If you believe that there are grounds to challenge a will, you must file a petition with the probate court within 90 days after receiving the notice of administration. However, challenging someone’s will can be a costly endeavor. A typical will contest case can cost anywhere from $10,000 to $50,000, according to Consumer Reports. That is why you need to weigh the pros and cons of challenging a will before you get the ball rolling. Get Trusted Legal Action Today David W. Veliz is a probate attorney who helps clients understand whether they have grounds to challenge a will and, if so, how to begin the process. Get legal advice today to discuss your reasons for wanting to contest a will. Veliz Katz Law handles will contest cases in Orlando and throughout Central Florida. Schedule a case evaluation today to learn about your options.

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If you have children and you’ve gone through a divorce, you may have a child support arrangement already in place. This kind of support is typically paid by the non-custodial parent to the custodial parent to help with the expenses of raising a child. Just because an order is in place, though, doesn’t necessarily mean it accurately reflects what each parent is able to provide  or  that the judgment is being followed. According to a report put out by the U.S. Census Bureau, the average custodial parent is owed around $5,519 per year in child support, but only actually receives $3,431. If you’ve encountered an issue with your child support and would like to pursue a modification, reach out to an experienced  family law attorney today. Veliz Katz Law is located in Orlando, Florida, but can help those throughout Central Florida, including Kissimmee, Winter Park, and Maitland. Reasons to Modify a Child Support Arrangement A child support arrangement should always meet the needs of the child and accurately reflect the financial means that each parent brings to the table along with their necessary life expenses. Because of this, one common reason you may seek a child support modification is when there’s been a change in the financial situation of one parent. This could mean one parent was promoted to a new job that pays a higher salary; or, conversely, they may have taken on a job that pays less. Another reason you may need to modify a support order is if there’s been a change in custody since the original order was filed. For example, if one parent had full custody of the child to begin with, but now custody is split evenly, the child support awarded to the first parent would need to change to reflect the reduced amount of time the child is spending with them. Other significant life changes could include one parent becoming disabled, one parent having another child with a new partner, the health or educational needs of the child changing, or either parent remarrying. These are all reasons the support calculation could change, although each request will be individually evaluated by a judge. Additionally, if one parent isn’t upholding their obligations to pay or feels they’re paying too much, these issues could be brought to court. Florida Guidelines for Modifying Child Support Florida law allows for modification of support orders under a few circumstances. In general, either parent can request a modification if there’s been a “substantial change in circumstances,” or if the existing order has been in place for at least three years. If the change in circumstances amounts to at least a $50 or 15% difference (whichever is greater) in the current order, then it is deemed “substantial.” Because many of these requests are made due to an increase or decrease in income, both parents will typically have to provide documentation to the court that confirms their total income and expenses. Unfortunately, some parents will intentionally remain unemployed or underemployed as a way to skirt their child support obligations, but this is a dangerous tactic. If a judge believes you’re falsely representing your employment capacity, they can impute your income. This means they’ll assign a dollar amount of what you  should  be earning based on your work history and education and then calculate payments based on this amount. How Remarriage Affects Support Many divorced parents want to know about remarriage and child support, and how one may affect the other. Getting remarried doesn’t necessarily mean your child support obligations will change, but a court may consider the new spouse’s income in some cases. If the new spouse has a considerably larger income than the parent receiving the support, a judge can include this new income source in their calculations which could mean a reduction in monthly payments. In these cases, since the new spouse would be contributing more toward the household expenses, the parent would theoretically have more money freed up to provide for their child. It’s also worth noting that if the paying parent remarries, a judge will not increase the amount the parent pays, even if the new spouse has a larger income. Additionally, if the remarried couple go on to have another child, this will likely not drastically affect the amount that’s paid or received by either parent—but this matter should be discussed with your  child support attorney. Seek Experienced Legal Guidance Co-parenting after a divorce is never easy, but with court orders in place that outline custody and child support requirements, it can make the process a little easier. However, because your lives will inevitably change as will the needs of your children, it will occasionally be necessary to seek a modification of these orders to better reflect the means of each parent. If you’d like to speak to a child support lawyer in Orlando, Florida, call David W. Veliz at Veliz Katz Law to set up a consultation.

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It is common for marriages to fail. Even couples with the best intentions discover they cannot live together. In fact, Florida has the third-highest rate of divorce in the United States at 13%. Although some couples will immediately pursue a dissolution of the marriage, others may simply begin living in separate households with separate lives. If you have been considering ending your marriage or if your spouse has, how do you decide what path to pursue? There is no single answer to this question because every marriage is different. Instead, you need to explore your options and choose what makes sense for you and your children. Family law attorney David W. Veliz can help. David W. Veliz has been guiding clients through family law legal issues in Orlando and throughout Central Florida, including Kissimmee, Winter Park, and Maitland, for more than 25 years. If you need to understand the differences between divorce and separation, here are a few things you should know. What Is Divorce in Florida? Divorce in Florida is the legal process by which a couple dissolves a marriage. At the end of the process, they are no longer married and are free to pursue not only separate lives but to remarry as well. Florida is a no-fault divorce state which means the grounds for divorce is that the marriage is “irretrievably broken.” Adultery or other marriage misbehavior is not grounds for divorce; however, they may be considered in the court’s deliberations regarding child custody or alimony. Florida law provides for simplified or traditional dissolution of marriage. You may qualify for simplified dissolution if you share no minor children, you agree to the division of marital property and debts, neither of you are seeking alimony, and both of you agree to this expedited process in which you give up your right to a trial or appeal. In a traditional divorce, the spouse filing for dissolution is the petitioner and the other, the respondent. The respondent is served with the divorce petition and has a certain amount of time to file an answer to the petition. If both spouses can agree to marital property and debt agreements, child custody, and child support agreements, and to alimony if a spouse is seeking it, the process will take less time. If any of these issues are contested, there will be a trial, and the judge will render decisions. Naturally, a trial could take more time. What Is Legal Separation in Florida? In many states, couples can file for a legal separation instead of divorce. The process allows the court to enter orders regarding property division, child custody, child support, and spousal support. The couple will live as though divorced; however, they are still legally married and unable to marry someone else. Florida law does not provide for legal separations, only dissolutions. Although couples can forge their own agreements regarding the aforementioned issues and can live separately, they are not court orders and therefore cannot be enforced. Florida couples can separate, but there is no “legal” process accessible to do so. Divorce vs. Legal Separation in Florida As you can see, the difference between divorce and legal separation primarily involves the legal status of the marriage. On the one hand, you begin living separate lives with either path, and both have advantages and disadvantages. For example, if you do not believe in divorce, object to it on religious grounds, or worry about the stigma of being divorced, a separation may be a good option. On the other hand, those important issues such as child custody and support, divisions of assets and debts, and spousal support can only have legal authority in divorce. In fact, if you separate and then decide later to divorce, none of what you may have agreed to in separation may be approved by the court in a dissolution. Moreover, everything you do while separated is still considered marital in the eyes of the law. For example, the debt one spouse incurs is still the responsibility of the other spouse. Property acquired by one spouse while separated may still be contested by the other spouse in a divorce. If one spouse stops making child support payments to the custodial spouse as agreed, there is no legal recourse to make them pay without going to court. Separation may be suitable for some couples some of the time, but only with divorce is the law behind the terms of decoupling. Skilled & Compassionate Counsel in Orlando, Florida In 25 years of practice as a family law attorney, David W. Veliz has seen it all. He brings that experience and compassion for his clients to bear in every case. He is committed to providing all the information, insight, and guidance he can so they can make the best decision. If you need a divorce attorney in Orlando or throughout Central Florida, contact Veliz Katz Law now to schedule a case consultation.

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Few things cause as much pain and despair as being served divorce papers by your spouse. The good news—and bad news—is that you aren’t going through it alone, as thousands of your fellow Floridians are experiencing the same thing. According to the U.S. Census Bureau, the divorce rate has gone down by two points over the last 10 years in Florida, but it still remains higher than the national average. If you’re just beginning the divorce process, you’ve likely got a number of questions and concerns that you need answered. Chief among them is probably, “Will I have to go to court if my spouse files for divorce?” Unfortunately, there’s not a definite answer to this, and the divorce process will look different for every couple. If you’d like to speak with an  experienced divorce attorney  in Florida, reach out to Veliz Katz Law today to discuss your options. From his offices in Orlando, Florida, David W. Veliz can help clients throughout central Florida including Kissimmee, Winter Park, and Maitland. Deciding Type of Divorce If you and your spouse can still communicate with one another and agree on some basics, you can typically avoid going to court. However, this isn’t always the case. In general, divorces can be divided into one of three categories: contested, uncontested, and collaborative. Contested : When the two spouses cannot come to an agreement on the terms of the divorce, it’s considered contested. This often happens when one spouse files for divorce, serves the other papers, and the receiving spouse disagrees with the terms laid out. This usually, but not always, requires going to court. In some cases, the receiving spouse can work with their lawyer to negotiate and come to an agreement outside of the courtroom. Uncontested : In an uncontested divorce, both spouses agree on all the issues and it’s unlikely their case will go to court. This is more common with shorter marriages, marriages with very few joint assets, and marriages where the couple does not have children. However, it is possible to have an uncontested divorce if you both agree on child custody, asset division, and alimony. Collaborative : Somewhere between a contested and uncontested divorce lies a collaborative divorce. This is a legal process that seeks to reduce court fees by having both spouses work together with the aid of their attorneys or a mediator to negotiate and come to agreements about their divorce. This method can save time and money, but both spouses must be willing to work together. Typically, those who go through a collaborative divorce can avoid going to court. The Florida Divorce Process Depending on your circumstances this process may look slightly different, but in general, you can expect the following when going through a divorce (called a “dissolution of marriage”) in Florida. You may be able to qualify for a “simplified dissolution of marriage” if you have no joint children, agree on your division of assets, and no one will be seeking alimony. For all others, you may need to pursue a “regular dissolution of marriage.” The first step is to file a petition with the court. This can be done by either spouse in the county where the couple lives, or where one spouse currently lives. Whoever receives the petition then has 20 days to respond. If the respondent agrees to all the terms laid out, it will be an uncontested divorce—but they are also able to file a counter-petition contesting any part of it or denying a claim made by their spouse. Both spouses will then typically need to file additional paperwork and provide documentation to the court such as tax returns, W-2s, and bank statements which will be shared with both parties. Most counties will then make the couple go through mediation to see if a negotiation can be reached outside the courtroom. If it cannot, then your case may go to trial. How Long the Divorce Process Takes The entire divorce process can happen in one month for a simplified dissolution, but complex cases can take upwards of a year or two. Even in the shortest cases, there is still a mandatory 20-day waiting period after filing before a judge will approve your divorce. This all depends on the specifics of your case and how quickly you can come to an agreement with your spouse on assets, child custody and support, alimony, and more. Working with a  family law attorney  can help speed up the process. Legal Guidance You Can Trust Divorces are hard, but you don’t have to go through them alone. You need someone with experience and compassion to guide you through this difficult time. If you’re in the Orlando, Florida area and are concerned that your divorce might end up in court, Veliz Katz Law can help. Call today to schedule a one-on-one consultation with Orlando divorce attorney.

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According to the World Population Review, 13 percent of Florida residents are divorced, not far behind the highest rate of 14 percent found in Maine. Florida is also a premier destination for people relocating to escape the social and economic consequences of the pandemic and for those fleeing economic conditions in their native countries. With such a large influx of new residents, it’s perhaps not surprising that divorce may follow in the footsteps of their arrivals. While Florida is a no-fault divorce state, meaning the only grounds needed are that the marriage is “irretrievably broken,” people considering divorce or already filing papers often have misunderstandings that complicate the process and lead to even further stress and bouts of conflicting emotions. If you’re considering divorce or have been served papers in or around Orlando, Florida, contact the family law attorneys at Veliz Katz Law. Divorce is a difficult, stressful experience, and they will protect your rights while dealing with your situation in a personalized, compassionate way. Veliz Katz Law also proudly serves clients throughout Central Florida, including Kissimmee, Winter Park, and Maitland. Common Divorce Misconceptions in Florida Florida has done away with fault in marriage, so all it takes to begin what is legally termed a “dissolution of marriage” is for one spouse to file court documents stating the marriage is “irretrievably broken.” The other spouse will then be served papers alerting him or her to the action. Depending on how that person reacts, the dissolution can proceed in a fairly straightforward manner or it can get tied up in back-and-forth disagreements. That being said, let’s look at some common misconceptions about divorce in Florida. It’s possible for the other spouse to deny the divorce after being served papers. The spouse being served the divorce papers can indeed challenge matters, which will likely result in statements being provided to the family law court or even in oral arguments, but the court can still grant a dissolution of marriage if only one party files and the other spouse disagrees. The only grounds needed are that the marriage is broken according to the filing spouse. (The only other legal ground in Florida is the mental incapacity of one spouse.) Though Florida is a no-fault state, fault can be taken into consideration when it comes to the division of assets, alimony, child custody, and parenting time (visitation rights). Florida law aims for an equitable distribution of assets upon dissolution of marriage, and adultery could be considered under the category of “any other relevant factor.” If the affair squandered any of the married couple’s assets, that also could be considered. The mother is always awarded primary custody of the children. First off, you should consider that you and your spouse can work out a divorce settlement on your own to be submitted to the court for approval. The agreement can include issues of custody, parenting time, child and/or spousal support, as well as the division of assets. When it comes to the children and issues of custody, the court will consider whether your agreement is in the “best interests” of the children and whether it is fair and not one-sided. If instead of agreeing among yourselves, you choose to contest everything in court, that will not only prolong the divorce proceedings but also run up legal costs. If the court must decide custody and visitation issues, the primary standard is what is in the child’s or children’s best interests. To determine best interests, the court will examine several factors, including the parents’ physical and mental health, the relationship of the child or children to each parent, the children’s emotional and other needs, and their ties to the neighborhood and community in which they are growing up. Our assets will be split 50/50. Again, in an uncontested divorce, the spouses can decide the issue of who gets what among themselves. So long that it is not one-sided or unfair to one of the spouses, the court will likely give its okay. Remember, however, that Florida is not a community property state. Though assets acquired during the marriage become the joint property of both spouses (including debts, by the way), Florida family law is based on an equitable distribution of assets rather than a straight 50/50 split. Several factors will weigh in on a court’s decision on equitable distribution, including the economic prospects of each spouse, the length of the marriage, the sacrifices and/or contributions of one spouse toward the other spouse or the children, and the desirability of maintaining the family home for the upbringing of the children. The children will get to choose who they live with. The preference of the child for which parent should have custody is a factor a judge will consider during a divorce proceeding. Florida law, however, does not specify an age at which the child’s wishes should be honored. It is generally assumed that the older the child, the more his or her preference should be listened to, but there is no guarantee the preference will be granted. The court always considers a number of factors. Let Veliz Katz Law Help You Divorce is always a difficult time for all parties involved: parents, children, grandparents, and other close relatives. Sometimes, it’s hard just to get past the initial stage of blaming everything on the other spouse, so it’s never a good idea to look upon divorce as a do-it-yourself proposition. You will definitely need solid legal counseling and advice on every issue from property division to custody and parenting time. After all, once the dissolution of marriage is granted, whatever was agreed upon – or decreed by the court – is going to have long-lasting impacts on everyone involved. You owe it to yourself and everyone involved to forge the best agreement possible going forward. The Orlando family law attorneys at Veliz Katz Law stand ready to help you navigate the divorce process and make decisions that won’t come back to haunt you. If you’re in the Orlando, Florida, area or anywhere throughout Central Florida, contact them immediately if you’re considering divorce, have just begun the process, or have been served papers by your spouse. Veliz Katz Law will guide you every step of the way and provide the legal counsel and advice you need to make sound decisions.

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When you think of a guardian and ward, the highly unusual relationship between the fictional Little Orphan Annie and Daddy Warbucks may spring to mind. But guardianships are far more frequent and more mundane than you might think. Guardianship can also apply to adults who are no longer capable of managing their affairs. Florida law allows for both voluntary and involuntary guardianship. A voluntary guardianship might happen if someone if fully competent mentally, but cannot manage their affairs, and voluntarily petitions the court for a guardian of their choice. On this page, we’ll discuss the details of guardianship in Florida, including the process of petitioning the court, who may serve as a guardian, the incapacity evaluation, and a guardian’s duties and accountability. What is Guardianship? A  guardianship  is a legal proceeding in which a court appoints a guardian to oversee and exercise the legal rights of an incapacitated person. Under Florida law, someone is incapacitated if a court finds by clear and convincing evidence that they can’t care for their own needs. If someone can’t make decisions about their health, wellbeing, or property, or if they are a minor, a court can appoint a guardian. A guardian is an individual or institution, like a bank trust department or nonprofit corporation, appointed by the court to care for the incapacitated person, or ward, as well as the ward’s assets. How Does Guardianship Work? Any adult can file a petition with the court in Florida to determine if another person is incapacitated, setting forth the facts upon which they believe that someone is incapacitated. 1. Capacity Evaluation The court will then appoint a committee of three members. Two members are usually physicians, and the third is someone who can form an expert opinion by skill, knowledge, training, or education. One of the three members must have experience with the type of incapacity alleged in the court filing. The incapacitated person will generally undergo a physical exam, a mental health exam, and a functional assessment. Each person on the committee will then submit a report to the court. 2. Court Determination of Capacity The court will also appoint an attorney to represent the allegedly incapacitated person, although they may substitute their attorney. If a majority of the committee members determine that the individual is fully capable of caring for their own needs, the court must dismiss the petition. If the examining committee members determine that the individual is incapable of exercising certain rights, the court will set a hearing to determine whether the individual is wholly or partially incapacitated. If the court finds the individual incapacitated in any way, the court will appoint a guardian. If there are less restrictive alternatives to guardianship that can address the individual’s incapacity, the court will consider those options and create a limited guardianship. The court will appoint a guardian with plenary powers if it is necessary to appoint a guardian to exercise all legal rights and powers for a ward. 3. Guardian’s Duties A guardian can perform those specific duties determined by the court. Duties may include inventorying the ward’s property, investing it wisely, and using it for the ward’s support. A guardian may also be in charge of a ward’s personal care, mental health care, and medical care. The guardian must file detailed annual financial reports as well as a yearly plan for the ward’s care, including a physician’s report. The guardian is held accountable for the care of the ward and the ward’s assets. A guardian typically must furnish a bond and be represented by an “attorney of record.” If the guardian fails to perform their duties adequately or fails to file the necessary reports, the court may remove the guardian. What Rights Can a Court Remove in the Incapacity Hearing? It’s important to remember that there are certain rights a court cannot remove during an incapacity hearing. These rights include: Representation by counsel Access to the court Receiving a proper education Remaining free from abuse, neglect, or exploitation Remaining as independent as possible Receiving necessary services, treatment, and rehabilitation To be treated with dignity and respect Rights that a court may appoint to a guardian include: To sue and defend a lawsuit To decide living arrangements Contract execution To marry or divorce To apply for government services Parental rights Travel Voting Medical and mental health treatment Employment Who May Serve as Guardian? Any adult resident of Florida, whether related to the ward or not, may serve as a guardian. Certain relatives of the ward who are not Florida residents may also serve as guardian. However, convicted felons or those incapable of performing a guardian’s duties may not serve as guardian. A court may appoint a nonprofit corporation or a professional or public guardian as a guardian. But a bank trust department may only serve as guardian of the ward’s assets. If the ward declared a guardian in writing before becoming incapacitated, the court will appoint that person as guardian if they are qualified, unless the court determines it isn’t in the ward’s best interests. The court may refuse to appoint a particular guardian if it would create a conflict of interest. Guardianship for Minors In Florida, and most states, no one under the age of 18 is legally capable of making their own decisions or executing contracts. Parents typically make these decisions for their children. If a child’s parents die or are incapacitated, the court may appoint a guardian. If a child receives more than $15,000 in a lawsuit or inheritance, the court must also  appoint a guardian. See § 744.387(2) Fla. Stat. (2019). Guardianship Legal Advice If you need to file a court petition for guardianship, or if you would like to set up a future guardianship for yourself or your loved ones, we can guide you through the process. If you are beginning your estate planning, we can help you as well. The trusts and estates attorneys at Veliz Katz Law have more than 60 years of experience helping clients in Central Florida administer their loved ones’ estates and guardianship.  Contact us  to schedule your free consultation.

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The passing of a loved one can be difficult for everyone close to them. Cherishing their life and providing comfort to one another should be the focus during this time. The last thing anyone needs to be concerned with is hammering out the details of assets or papers left behind. How can we make it easier on our loved ones? We can establish a will. Wills in Orlando A last will and testament is a legally binding publication that documents the assets, liabilities, and responsibilities of an individual that, in the event of their passing, allows these items to be settled or transferred into the possession of someone else. Normally, an individual is named to oversee that the provisions made in this document are carried out or secured. This individual is named the “executor”. The responsibilities of an executor vary. Regularly, this individual will be responsible for dividing assets as instructed in the will. These assets include but are not limited to property, money, investments, and safe deposit boxes and their contents. Sometimes, liabilities or debts also need to be settled. This can be done by liquidating any potential assets for a cash value amounting to the determined debt. Any taxes would also be settled by the executor. Any property needing to be maintained would also be done so by the executor unless possession is taken by someone else through sale or dictated by the will. In the event an executor does not wish to take this position, arrangements can be made for an alternative choice to take on the responsibility. If alternative choices are not listed by the maker of the will, the court can choose to appoint an executor for them. A will is also used in the event that a spouse or children are left behind and provisions need to be made for them. Oftentimes, financially, a spouse will still need support if their partner becomes deceased. Other times, child care becomes a concern and alternative guardians can be named in a will. Not creating a will leaves a lot of decisions up to a court of law and does not allow the individual in question any decision in the distribution of their assets or, possibly, guardianship of their children. Although wills can be created without the aid of a lawyer, the legal advice of an attorney can prove invaluable in the creation of a will. Without a lawyer, any provisions made in the document could not be clarified or explained. Missing pieces or determination of loopholes could be left up to interpretation by the court of law or the executor. If you are interested in creating a will, contact the  Orlando estate planning attorneys  of Veliz Katz Law for a consultation.

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Administering a loved one’s estate in Florida can be convoluted and anxiety-inducing. That’s because Florida probate law is complicated. Florida law requires personal representatives, also known as executors, file forms, inventory estates, and provide notices to heirs. Ensuring that you follow the proper procedures of Florida probate law can be stressful. In this blog post, we’ll walk you through the basics of being a personal representative in Florida. Who Can Serve as Executor? In Florida, there are legal requirements a personal representative, also known as an executor, must meet. The statutory requirements are pretty straightforward. You must be: 18 years of age or older, physically and mentally capable of performing the duties of an executor, a Florida resident, unless you are a non-resident related to the testator by marriage, blood, or adoption, and never convicted of a felony. In some cases, a  bank or trust company  can serve as the personal representative if incorporated under Florida law and qualified to exercise fiduciary powers in Florida. Even if someone meets the technical requirements to be a personal representative, you should also consider the practical duties of an executor before making your decision. Duties of an Executor The executor is responsible for accounting for, maintaining, and distributing all the assets of an estate. First, you’ll need to determine if the estate needs to go through probate, depending on the size and complexity of the estate. Some common transfers don’t require probate, such as: transferring real estate and assets is owned in joint tenancy to the surviving joint tenant, for instance, when spouses own a home together or have joint bank accounts; transferring bank account or securities that are “payable on death” to beneficiaries; moving funds in IRAs and retirement accounts to surviving heirs; transferring property to a surviving spouse; transferring assets held in trust to beneficiaries. If an estate only holds assets listed above, you can probably avoid probate altogether. This is called a “disposition without administration.” If the estate is worth less than $75,000, you may be able to use “summary administration.” If the estate doesn’t qualify for the two more straightforward means of administration, it may need to go through formal probate. Other duties of an executor  may include: giving notice to all interested parties; taking inventory and possession of all the estate’s assets; finding and providing notice to any creditors; publishing a legal notice for unknown creditors; assessing the value of the assets; maintaining and managing the estate’s assets, including investing, caretaking, and selling assets to pay creditors, beneficiaries, or taxes; filing an inventory with the court; filing estate tax returns; paying creditors; distributing assets to beneficiaries; reporting the distribution of assets to the court; and closing out the estate. A personal representative should notify all family members or interested parties of the proceedings. How Do I Become an Executor of An Estate? The process of becoming the personal representative of an estate in Florida will vary depending on whether or not the estate must pass through probate. 1. No Probate If the estate doesn’t need to go through probate and qualifies for disposition without administration or a summary administration, the court won’t appoint an executor or personal administrator. Instead, the person named in the will as executor will file a Petition for Summary Administration listing the assets, their value, and who will inherit the assets. The court will issue an order releasing the property to the rightful heirs. 2. Probate If the estate must go through probate, the executor named in the will, or any interested party, can ask the court to name them as the personal representative. The court will issue Letters of Administration authorizing the personal representative to settle the estate. Executor’s Compensation The estate generally compensates the personal representative for their time. The compensation is usually set one of several ways: as outlined in the will; as set forth in a contract between the executor and the decedent; as determined between the executor and the beneficiaries; as determined to  be reasonable by Florida law ; as specified by the judge. Challengers Executors Face Being the personal representative of an estate is a big, and somewhat complicated, responsibility. Still, there are some mistakes and challenges that personal representatives commonly face. 1. Failing to Identify and Secure Assets of the Estate One of your first duties as a personal representative is to find and secure all of the estate’s assets. If you miss something, that could be a financial loss to the estate and the beneficiaries. Even if the will directs a specific recipient for an asset, the personal representative must still collect and hold on to that asset until the proper distribution time. 2. Improperly Paying Claims Against the Estate As a personal representative, you can’t just pay claims and bills in any order. Under Florida law, there is a statutory order of precedence. If you pay claims out of order and the estate doesn’t have enough funds to cover all creditors, you could be personally liable. 3. Ignoring the Beneficiaries It can be stressful to keep in communication with the beneficiaries of the estate. They may have questions you can’t yet answer. But as a personal representative, you should keep the beneficiaries notified throughout the probate process. Should I Hire an Attorney? You may need to work with an estate attorney to administer and finalize the estate in cases of a more significant estate. An attorney can help you with the procedural requirements, ensure you understand all of your required duties, and assist with estate tax filings. An estates attorney can also help you: advise you of all legal deadlines and necessary filings; prepare any necessary legal documents; advise on the proper form for inventories and other court-required filings; assist you in locating experts to value estate property and assets; advise you on any required estate tax filings; file required documents with the court; and make court appearances for the estate. If you are the executor of an estate and need guidance throughout the process, give us a call. If you are beginning your estate planning, we can help you as well. The probate and trusts and estates attorneys at Veliz Katz Law have more than 60 years of experience helping clients in Central Florida administer their loved ones’ estates.  Contact us  to schedule your free consultation.

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When a couple splits up, they initially believe that they can get out of the marriage relatively painlessly. Their plans are simple—they’ll move out, legally separate, agree on everything, and file for divorce. Because they have very few things to argue over, particularly if there are no children involved, they’re sure that they can handle things amicably without any help, legal or otherwise. However, these ex-partners quickly realize that ending a marriage is never easy as it seems, even if you are on good terms. Complications can arise from some of the most surprising places, and if you don’t have the right attorney on your side to help you navigate those troubled waters, you can find yourself sinking  quickly. To that end, if you are heading toward divorce, here are some surprising factors that can complicate a Florida divorce that you probably haven’t considered. There Is No Such Thing as Legal Separation in Florida Florida is 1 of only 6 states that does not recognize legal separation. Therefore, a couples’ only recourse for dealing with asset separate and other issues before divorce is taking advantage of statutes that permit them to agree or litigate issues like  spousal support and  child custody. However, it’s important to note that the decisions made in those agreements or proceedings are not binding in the divorce. This means the court can reexamine and modify those agreements once formal divorce papers have been filed. Dating While Separated Florida is a  no-fault divorce state. Therefore, either party can seek a divorce without proof of any wrongdoing by the other party. This includes infidelity during the marriage or dating while separated. Though not illegal, dating during a separation can certainly add complications to an on-going proceeding, particularly because Florida law does not define the point where legal separation begins. If you start to date, your ex might feel hurt or angry because you’ve moved on before they did or have concerns about your new partner interacting with your children. Moreover, your ex can begin to express those feeling by making more demands for assets and pushing for limited child visitation time. Pets It’s not surprising that a divorcing couple needs to decide what happens with a pet once they separate. What is surprising is the intensity of the disagreements over the “custody” of these animals. Because Florida law deems pets personal property, they are subject to equitable distribution like all other marital assets such as houses or cars. Therefore, the court will not award visitation time or enforce any pet custody arrangement. If ex-spouses want to continue sharing responsibility for a pet, they have to agree on the terms of their shared “custody” or figure out some other way to equitable split a pet. Appliances and Tools Even though appliances and tools such as microwave ovens, lawnmowers, food processors, and Kitchen Aid stand-mixers seem like relatively inexpensive items that a couple should be able to divide or sell easily, that’s not always the case. Fights over these types of items happen more frequently than most couples think and are often the result of an unexpectedly emotional reaction to the object by one or both parties. If the appliance came into the marriage by way of a gift to one spouse, that party might be able to claim it is property separate from the marital estate. However, if the court deems the item marital property, the court will order an equitable division of those items, no matter their sentimental value. If you are experiencing unexpected complications in your divorce, Veliz Katz Law can help,  contact us. We work hard to support our clients with the legal services they need to untangle any divorce issue, no matter how messy or complicated.