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Estate planning with blended families can prove challenging under the best of circumstances. But this  recent Market Watch  column raises a nightmare scenario that’s popping up far too often in the time of COIVD-19. A column reader explained that his father died without a will, leaving behind the reader, their sister, and stepmother. The stepmother lawyered up and told her late husband’s children that unless they signed over their rights to the estate, she would put everything through probate, including cherished family heirlooms. Unfortunately, this heartbreaking scenario plays out in blended families across the country every day. It’s easy to put off planning end of life issues. Death is something none of us want to think about, but planning can allow you to care for your family and distribute your estate in the way you choose. The Probate Estate When someone dies without a will in Florida, the law determines the probate estate distribution. Not all assets are part of the probate estate. Probate assets are those owned solely by the decedent or owned jointly with others with no automatic succession upon death. For example, bank accounts or property owned jointly with a right of survivorship are not part of the probate estate. Life insurance policies with a direct beneficiary and retirement accounts with beneficiaries are automatically transferred to the beneficiaries and are not part of the probate estate. In many cases, how a property is titled will determine whether the asset becomes part of the probate estate. Dying Intestate in Florida For property that is part of the probate estate, Florida law determines who will inherit the assets: Spouse only: If someone dies with only a spouse and no children, the spouse inherits the entire estate. Children only: If someone dies with children and no spouse, the children will equally split the estate. Spouse and children: If someone dies with a spouse and children shared with the spouse, the spouse inherits the entire estate. If the deceased has additional living children, the spouse inherits half the estate, and all of the descendants share the other half in equal parts. No spouse and no children: If someone dies with no children and no spouse, the decedent’s probate estate will pass to their living parents. If the parents are not living, then to the decedent’s siblings. No heirs: If someone dies with no children, spouse, parents, or siblings, Florida intestate laws pass the estate on to more remote heirs. There are exceptions for homestead and personal property, but dying without a will in Florida means that the law, rather than your wishes, will prevail after you die. Gain Peace of Mind With some advanced planning, you may be able to limit your probate assets or avoid probate entirely. You can also plan for your family and how you would distribute your assets. If you need to begin the estate planning process or need to revise your estate plan, we can help. At Veliz Katz Law, we work hard to support our clients with the legal services they need during these turbulent times.

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The COVID-19 pandemic has unquestionably changed life as we know it in Florida over the last six months. With more than  542,000 confirmed cases  of the novel coronavirus and more than 8,500 deaths in Florida, attorneys specializing in estate planning are seeing a surge in new business. The pandemic has many people thinking about the future and what might happen if they face a sudden illness or death. Florida Court Limitations On  March 11, 2020 , Chief Justice Charles T. Canady of the Supreme Court of Florida issued an administrative order to courts across the state to review their emergency procedures and develop policies to mitigate the spread of COVID-19 while keeping the courts open to the fullest extent possible. Later that month, the Supreme Court  went on to postpone  any court proceedings that weren’t emergencies. These limitations have also affected probate court proceedings. Florida courts will gradually return to in-person service, in phases developed by the  Workgroup on the Continuity of Court Operations and Proceedings. In the meantime, many courts are holding online or telephone hearings, and are still holding small, in-person meetings. In other words, the probate court’s necessary work is still proceeding, albeit more slowly and carefully than in the past. Legal Challenges During a Pandemic One of the biggest challenges for attorneys and their clients have been executing testamentary documents while still social distancing. Under Florida law, many document signings must have an in-person witness, including wills, trusts, and documents setting up health care surrogates and powers of attorney. While some recent Supreme Court orders have loosened some in-person notary requirements, they do not apply to testamentary documents. A 2019 law authorized online notarization of some transactional documents like deeds and closing documents. That law went into effect on January 1, 2020. Another part of the law authorized online notarization and witnessing of wills for non-vulnerable adults as of July 1, 2020. Unfortunately, Florida law doesn’t permit the judiciary or governor to suspend witness requirements for other testamentary documents. In 2017, the legislature passed a law permitting online wills, but Governor Rick Scott vetoed it. In 2018, a similar proposal failed to pass the legislature. While the 2019 law does allow online will witnessing, the law exempts vulnerable adults and still requires retention of online signing ceremonies for evidentiary purposes. Legal observers expect the Florida legislature to address the problem in a special session this summer, but attorneys have to get creative to meet client needs until then. Creative Solutions At Veliz Katz Law, we work to keep our clients safe while still providing necessary services. We offer online and phone consultations and socially distant testamentary document signing. If you need help revising or developing an estate plan, we can help during this turbulent time. At Veliz Katz Law, we develop creative solutions to ensure that our clients get the help and advice they need.

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An estimated  1.3 million people  in the United States are under guardianship in this country, with another person appointed to look after their finances and physical and emotional well-being. About 85% of those under guardianship are over the age of 65. While most guardians are conscientious, some take advantage of their vulnerable wards. New Florida Guardianship Law Now, a new law in Florida aims to tighten rules regarding guardianship and increase protections for wards. The bills, sponsored by Rep. Colleen Burton of Polk County and State Senate Majority Leader Kathleen Passidomo of Lee County require that: Courts consider potential disqualifications for guardians; Courts provide detailed reasons for why they should appoint a specific guardian, including the guardian’s relationship to the ward, whether the guardian is a professional guardian, and the other guardianship relationships currently in effect; Courts grant permission before guardians may sign “do not resuscitate” orders and note any preexisting directives in the initial guardianship plan; Guardians report detailed information to the court regarding payments received for services rendered to or on behalf of the ward; The annual guardianship plan for each ward must contain a list of preexisting orders not to resuscitate or any other advance directives; Guardians may not pay or receive payment in return for referring or engaging in a transaction for goods or services on behalf of a ward; Guardians may not have financial conflicts of interest with their ward, the presiding judge, the examining committee, the attorney for the ward, or any court employee involved in the guardianship process; Guardians may not petition the court for assignment to a case unless they are related to the person in care. See  §§ 744.312 , 334, 363, 367, 441, 446. Fla. Stat. (2020). The legislature aimed the  new rules  to increase accountability, reduce conflicts of interest for guardians, and prevent professional guardians from taking advantage of seniors and disabled individuals. Guardianship Abuse in Florida The legislature moved to enact the new measures in part due to recent investigative reports from  Spectrum News. The year-long investigation began with the death of Steven Stryker, a 74-year-old Brevard, Florida man who died at a Tampa hospital while in the care of a professional guardian,  Rebecca Fierle. Fierle, who served as guardian for more than 450 seniors in 13 counties, signed a “do not resuscitate” order for Stryker against his wishes and family wishes. Fierle is also under investigation for mishandling her wards’ assets and accepting payments from AdventHealth for more than $4 million without disclosing them to the court. But investigations involving guardians are  nothing new in the state  of Florida. In 2019, a group of adult children sued Florida’s governor and attorney general, alleging that court-appointed guardians are stealing their parents’ retirement funds, jewelry, real estate, social security payments, and other assets. Florida’s new guardian restrictions should help protect vulnerable, incapacitated residents. If you have questions about the guardianship process and how it works,  contact us. We can help you or a loved one through a stressful guardianship process.

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COVID-19 and the novel coronavirus have turned life as we know it upside down. With more than a  quarter of a million cases  in Florida and more than 16,000 in Orange County alone, this virus has many of us thinking about our mortality and long and short-term estate plans. If you are considering revising your estate plans, we’ll walk through some things you should consider during this trying time. When Should You Revise Your Estate Plans? Whenever you have a significant life change, it’s a good idea to revisit your estate plan. Significant life changes can include: Your marriage, separation, or divorce The adoption of a child, grandchild, or great-grandchild The death of your spouse or another close family member Your retirement or your spouse’s retirement Receiving a significant gift or an inheritance A substantial increase or decrease in the size of your assets Selling your home or vacation home Your illness or disability or the illness or disability of your spouse or a close family member. It’s also a good idea to review your estate plan whenever there are significant state or federal legislative changes related to income tax or the estate tax. Creating and Revising Your Estate Plan When you are reviewing your estate plan, it’s good to create any documents that may be missing from your overall plan. You can also update guardians for any minor or disabled children that you have. · Will or Living Trust: A will can give you control over what happens with your estate when you pass away. It’s your chance to declare your wishes for your assets and wealth officially. In the absence of a will, Florida law and the courts will determine how to distribute your assets. A living trust is another good estate planning option. While you are alive, you create the trust and pass your assets on to the trust. You can continue to use your assets as you wish during your lifetime, and then distribute them from the trust upon your death. The advantage of a living trust is that your assets in the trust can avoid probate after your death, which can be a lengthy and expensive process. Because of some unique aspects of Florida trusts and estates law, you should consult your attorney to see if you can include your home in your living trust. · Durable Power of Attorney A durable power of attorney grants someone you trust the ability to make decisions for you if you are mentally incapacitated. The person or organization you name in a financial power of attorney can continue to manage your financial affairs. At the same time, a medical power of attorney can allow someone to make medical decisions on your behalf. · Medical Directives A medical directive can encompass several documents, including a health care proxy, a power of attorney, a living will, and medical instructions. All of these documents can designate someone you trust to make medical decisions if you are incapacitated. A living will can provide instructions on when to provide or withdraw life support. In contrast, a broader medical directive can provide instructions for your care if you are less seriously ill but still unable to make decisions about your medical care. · Update Your Designated Beneficiaries When revising your estate plan, you should also ensure that the beneficiaries you’ve named on your retirement plan, life insurance policies, and other accounts are up to date. Gaining Peace of Mind While thinking about what could happen during a worldwide pandemic can be scary and stressful, you’ll have peace of mind knowing that you’ve addressed what could happen and made your wishes known for yourself, your assets, and the people you love. If you need help creating or revising an estate plan during this stressful time, we can help.  Contact us. At Veliz Katz Law, our first concern is helping our clients get the support and legal services they need.

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Protests have rocked Central Florida and the Orlando area night after night since May 28, 2020. Thousands have gathered to show outrage over the death of George Floyd, a black man who died pinned under the knee of a Minneapolis police officer, clashes between Orlando police. While the vast majority of protestors are peaceful, the Orlando authorities report that vandalism and looting are happening after dark. Police officers and sheriff’s deputies are out in full force, working shift after shift. If you are an Orlando area resident, you may be concerned about how the protests may affect family and court services. Police Services Law enforcement resources are stretched right now, particularly in the evening, when a small number of protestors may engage in vandalism and looting. Police are also trying to protect property in the area. If you need to help from the police, you may face slightly longer response times. Courthouse Access Several of the protests in Orlando have culminated at the courthouse. If you need to access services at the courthouse, you may want to call to ensure that all roads are open, and all services are available. If you have a hearing or court appearance scheduled, be sure to call to ensure the court hasn’t needed to delay or reschedule. If you need emergency court services, be sure to consult with your attorney. They can work with the court to ensure that you get the services or hearing you need promptly. Custody Determinations Many of us also want to get out there on the streets, offering support and solidarity to peaceful protestors. If you are in the middle of a custody dispute or determination, consider how this might affect your case. In Central Florida, most judges will take the time to learn as much as possible about each party involved in a custody case. As a result, an arrest, even if it’s unrelated to your children’s care, can affect the family court’s decision. While most protestors are peaceful, police have arrested many in the evenings after curfew. While many of those arrested were engaged in looting or vandalizing, some weren’t. If you want to participate in protests, do so safely, leave before curfew, and go at the first hint that any protestors may engage in looting, vandalism, or throwing things at the police. Talk to Your Children Aside from legal issues, the turmoil in our country right now affects so many families. Sometimes children can feel anxious about what they don’t understand, particularly if they hear things that adults say. Take time to talk to your children about any of their concerns right now. The  Child Mind Institute  has many resources for talking to your children about racism, anxiety about the pandemic, and divorce. If you are concerned that the Orlando-area protests will affect your family court proceeding, be sure to consult your attorney. If you need help navigating this stressful time, we’re here to help.  Contact us. At Veliz Katz Law, our primary concern is helping you get the support and the legal services you need.

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The last two and a half months have been a stressful time period for all of us. As the COVID-19 pandemic has spread across the country, we’ve all had to readjust our day-to-day living by practicing social distancing, staying at home as much as possible, and wearing masks when we are out and about. But some families have had to deal with an added stress—battles over child custody—at a time when Florida courthouses have been closed to in-person appearances. There have been several Florida stories regarding child custody battles that caught the media’s attention and went national. They involve parents, either divorced or no longer together, who have argued that their custody agreements must be temporarily suspended because the other parent works in a medical field or is a first-responder and, as such, presents a higher risk of contracting COVID-19. Concerns Over Coronavirus Exposure In the  first story from here in Orlando , a mother asked a judge to temporarily suspend sharing custody of her two-year-old son with his father because the father and his fiancee are first-responders. The boy’s father is a firefighter and his fiancee is an emergency room nurse. The boy’s mother does not fault the father and his fiancee for the nature of their work, but she is worried that they might be exposed to coronavirus and then spread it to her son and ultimately her. More often than not these days, unmarried couples in Florida can find themselves battling it out over how to share custody of the children they had together. While it’s not clear from the above story if the mother and father of the boy were ever married, Florida gives mothers preferential status until paternity is established. The  next story  comes from Deerfield Beach, Florida. A dermatologist and his ex-wife are arguing custody rights after the mother decided to stop sharing custody of their son after she saw pictures on the doctor’s social media showing the son sitting in his father’s office. She is arguing that the father put their son at risk by exposing him to a place where “anybody” with coronavirus could be. The parents had a custody agreement that was signed by the courts in 2017, but the dermatologist is arguing the mother is using COVID-19 as an excuse to withhold their son from him. His office has been deemed an essential business, and he is only seeing patients with emergency skin issues. He says he has taken all necessary precautions to protect himself and their son from any exposure to coronavirus. Central Florida Child Custody Attorneys Ideally, it is never a good idea to alter or change your child custody plan without going through the proper court procedures. But we are living in unprecedented times, and there have been unseen repercussions that are now having to be dealt with. If your former spouse or partner decided to upend your  custody agreement  during the coronavirus pandemic, you need an attorney who can examine all the facts of the case and help you determine a path forward. Veliz Katz Law is here to assist you. We offer free and confidential consultations to determine if we are the best fit for you and your legal issue.  Contact us  so we can get started assisting you with your child custody needs.

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Many Floridians have suddenly found themselves without their jobs as a result of the novel coronavirus and the economic shutdown. At the time of this writing, the unemployment rate is at 4.3 percent, with over 1.6 million people applying for unemployment claims with the state government since mid-March. Unfortunately, many of those claims have not yet been processed or paid. If you are divorced, you may have been ordered by the court to either pay alimony or child support  as part of your divorce agreement. If those payments were calculated when you were employed, but now you find yourself without a job, you may be wondering how to cope when you have no income. The first thing you should consider is to contact an experienced family law attorney  who will be able to counsel you on the resources available to you. Alimony When a judge was determining what type and how much alimony was to be granted to your ex-spouse, they looked at several things such as The sources of income for both of you Both of your earning potentials Child responsibility (if applicable) Length of the marriage Whether you were ordered to pay a temporary, bridge-the-gap, or durational alimony, if you are now unemployed, the worst thing you can do is stop making the payments without explaining what has happened. If you are on speaking terms with your ex-partner, you should let them know that you lost your job. If you think your job loss is going to last longer than the coronavirus pandemic, you might have to seek a court-ordered modification of alimony, but it is important to note here that bridge-the-gap alimony plans cannot be modified. Child Support Similarly, if you owe your ex-partner monthly child support, losing your job is considered to be a major life change. If you can show documentation that you lost your job but you are actively looking for another, you could qualify to have the child support order modified. Again, you should take into consideration whether your unemployment is temporary or going to last beyond when the economy reopens. In any case, the worst thing you can do is ignore the problem. Your child support is one of the most important financial obligations you have, so you need to contact an attorney as soon as possible to help you figure out what you can do. Simply not paying child support without any explanation will mean you are in violation of your child support order. Florida Family Law Experts The family law attorneys in Orlando at Veliz Katz Law understand that these are unprecedented times, and the economic fallout of COVID-19 calls for extraordinary measures. If you have lost your job here in Orlando and are worried about finances, we offer free initial consultations. We have been serving Central Florida families for over 25 years, and we can help you. We are available to discuss your circumstances either by phone or teleconference so you don’t have to come into our office, contact us.

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The coronavirus has put us all on edge in Florida, in this country, and throughout the world. From business closures to state closures to the daily rise in infection numbers and deaths, it’s scary out there. Many people are thinking about life generally and mortality specifically. Then, they think of their loved ones and what happens to their loved ones if something happens to them. There is a lot of fear out there, and this fear is causing some people to rush into a will or other tools to  create a makeshift estate plan. At Veliz Katz Law, we are here to tell you that rushing an estate plan in Florida can lead to more problems than you could have ever anticipated. Here, we tell you why rushing into an estate plan out of fear is a bad idea. We also tell you that, despite the national health crisis on our hands, you can still have a smart, probate-proof estate plan created and executed but do so in a measured and calm manner so mistakes aren’t made. What Happens when You Rush Into an Estate Plan out Of Fear in Florida? When you rush into estate planning out of fear, the first thing to consider is this: you may be vulnerable to undue influence. That’s the first mistake because you may listen to someone whose interests are his own only and fail to consider the interests of others you love. That’s a bad starting point for any estate plan because it lays the foundation for disputes and challenges among loved ones after your death. Further, you may make bad decisions generally—whether the bad decisions flow from undue influence or from the fear itself, it doesn’t matter because bad decisions lead to poor planning, like: not identifying all your assets and leaving things out; not allocating property and assets in the right percentages according to your preferences not protecting your  homestead  properly so that you protect it from creditors, save on taxes, and distribute it accurately upon your death not using the right tools for your  estate plan ,  e.g. , a trust can be more advantageous in some respects than a will, it all depends on your assets, heirs, and goals. Then, after you create a rushed estate plan, even if it is a simple last will and testament, the fear you felt may recede once things settle now. But by that time, you forget about your estate plan or plan to review it again one day but that day never comes. If it is poorly drafted, then it won’t do what you want it to do, like save you on taxes or help loved ones avoid the costs (in time and money) of  probate. How to Remain Calm & Still Plan an Estate in The Middle of A National Crisis We are in the middle of a nation-wide health crisis, but you can take a minute, especially if you are not sick, to consider an estate plan. To do so, you need to have a clear head. It is times like these, yes, that remind us we can become incapacitated and are not immortal. An estate plan is not simply a last will and testament but includes things like a  living will , where you can identify things like withholding or withdrawing life-prolonging procedures when you have a terminal or end-stage condition or are in a persistent vegetative state. An estate plan allows you to appoint health care surrogates and powers-of-attorney, too, as well as wills and trusts to secure a future for your loved ones or, in the least, prevent them the hassle of probate. If life events have made you uncannily aware of your own mortality and anxious to ensure you leave what’s yours to your loved ones,  contact us. We can ease your fears and help you make informed decisions for your future and the future of your heirs.

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It’s hard enough co-parenting without a national emergency, but now we are in the midst of one. The COVID-19 crisis is affecting all areas of life, not least of which includes  parenting time  and co-parenting. Here is a brief discussion of how this crisis could incidentally impact co-parent and tips on how parents can work together in a time of uncertainty. How Is the Coronavirus Affecting Parenting Time in Florida? Parenting time is something we cherish. When it’s our time to have the kids, we rejoice. When it’s time for the other parent to have the child, we can have various emotions: relief to get some things done and sadness because you’ll miss the days when laughter and shouting don’t fill the home. The coronavirus can upset this cycle of give-and-take, which can have an impact on the time spent with the child and an impact on emotions already unsettled. The primary means that COVID-19 affects parenting time is if one of the family members acquires the illness. He or she may have to self-quarantine or may have to be hospitalized. If it’s a parent who has become sick, then he or she may want to limit or stop altogether in-person contact with the child so as to avoid the child getting sick or carrying the virus and causing others to get sick. This will no doubt eat into your parenting time. Another way that parenting time can be affected is if vulnerable persons are living in the house. For example, you may not want your child around grandparents, especially if your child hangs out a lot outside the home – whether that’s school, school-related activities, or other reasons. The important thing to remember is this COVID-19 crisis will pass. So even if you are not spending as much time with a child now, you can make up for it later – after the risks have come and gone. How Can Parents Effectively Co-Parent During the Covid-19 Emergency? Children sense things. Even when parents haven’t talked to them directly about the crisis – they hear things, they feel it in the air, and they can see it. Children are fully experiencing this COVID-19 crisis and may not know how to process or respond to it. If you are co-parenting it is more important than ever that you work together and assume a unified front. Here are some tips to do this. Accept that you may have to interact more with your ex more than usual – this is obviously more important if you are not on good terms with your ex. Be flexible more now than ever. Don’t fight over who has  custody  when or if a day was missed here or there. Talk to each other. Know who is coming in and out of each other’s homes and what the risk of exposure to the coronavirus is. Be willing to give or take a day or a week or more to safeguard your child’s health and security. Allow others to help out. This is particularly true with an ex-partner’s spouse or partner or with grandparents, aunts, uncles, etc. Though an ex’s family members or intimate partners can be a source of bitterness, now is the time to put that behind you and move on. You may find that the crisis hits close to home and that you are in need of all the help you can get. Be willing to take on more than usual. Schools are closed. Work schedules have been altered. Financial situations are changing as the crisis evolves. Family members may get sick. You need to be willing to work together and take on more responsibility if that’s what’s required. Your ex may have more time of his or her hands and can watch the child while you try to get some work done at home. Make use of each other; help each other. Talk to each other. That’s really what co-parenting is about. Talking to make sure you are there for your child and making it the best possible situation for your child given the circumstances. Keep in mind that it is truly in the child’s best interest to work together during this time. If you can do these things during a crisis, then who knows, maybe after the crisis is gone, you can continue to co-parent in a more meaningful and respectful way. In the meantime, we at Veliz Katz Law wish you kindness, safety, and good health during this time. Always feel free to  contact us  if you have any questions about co-parenting in the greater Orlando FL metro area.

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The number of unwed mothers giving birth to children in Florida has steadily increased since the 1970s. According to  Florida Vital Statistics , In general, the percent of live births to unwed Florida mothers had been steadily increasing, representing 15.0 percent of all births in 1970, 22.9 percent in 1980, 31.7 percent in 1990, 38.2 percent in 2000, and 46.9 percent in 2017. For white mothers, 41.9 percent of live births was to an unwed woman, while for nonwhite mothers this percentage was 59.2 percent. Babies born to unwed parents are almost half of all live births in Florida. The presumption is: when a baby is born from a married mother, the spouse is the other parent. Their parental rights are understood at birth, and these rights include: the right to physical custody , meaning the child lives with them unless there is a legal intervention due to something like child abuse; the right to legal custody, meaning the parents have the most control over decisions made about their child’s health, education, and religion; the right to pass property to a child, meaning the child may have an inheritance; and the right to receive property from the child, meaning in the event the child dies while with property, the parents inherit that property. But do unwed parents have the same rights in Florida? Here’s what you should know. What Are the Parental Rights of An Unwed Parent in Florida? Parents have rights to their child whether or not they were married to each other at the time the child was born in Florida. These rights are the same as those above. The thing about not being married, however, is that these rights may sometimes have to be fought for. There can be many scenarios that could cause a father or mother of a child to fight for parental rights. For example, the alleged father may argue he is not the father and may shirk his responsibilities as a father as well as ignore his rights to the child; or the mother may argue the person who believes he is the father is actually not the father, and the mother can legally keep the child away from the alleged father until there is a court order stating otherwise. When either of these or another scenario occurs, the alleged father, the mother, or the State of Florida can take the matter to court to determine paternity. Once it is established who the father is, the father will have a right to be in the child’s life, meaning the rights listed above (unless the father is abusive or otherwise potentially dangerous to the child). The right to physical custody, however, will be limited. The mother and father will split  parental time  with the child. Depending on the facts and circumstances, the mother may or may not be the primary custodian. Once paternity is determined, too, it is important to note that the father will have rights as well as responsibilities. For example, even in the father doesn’t want to be in the child’s life, the father may still have to pay  child support. What Should You Do in Florida if You Need to Establish Paternity for Parental Rights? Times have changed and parents do not always marry today before a child is born. Even though you are not married, though, you still have rights to the child. In some instances, you may have to have paternity determined. If you are going to court in Orlando to establish paternity – whether you are the mother or the alleged father – a child custody attorney in Orlando, FL can guide you through the process and make sure paperwork is filed timely and nothing slips through the cracks.