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When You Find Someone’s Will: Your Legal Obligations in Florida
At The Soto Law Office, we are often asked what to do when someone passes away and you discover their original Last Will and Testament. It can be an emotional and confusing time, and knowing your legal obligations is essential to avoid serious consequences. Let’s consider a fictitious example. A Florida Example Imagine Robert and Elena, a couple who lived together in Orlando for 20 years but never married. Robert owned their home in his name only, as he purchased it long befo


Florida Electronic Wills: Understanding the Role of a Qualified Custodian
Florida has been a leader in modernizing estate planning. With the adoption of Florida Statute §732.521–732.525, the state became one of the first in the country to recognize electronic wills. These laws provide Floridians with an alternative to the traditional pen-and-paper approach to estate planning. While electronic wills offer convenience and accessibility, they also come with unique requirements—particularly around who can safeguard them. One of the most important asp


Planning for the Unexpected in Florida: Why Backup Fiduciaries Matter
Life has a way of surprising us. Sometimes those surprises bring joy, like when a young athlete breaks through at the Olympics and wins gold against all odds. Other times, the unexpected is far less welcome - a sudden accident, illness, or other life-altering event. While we cannot predict every twist and turn, we can prepare. That preparation is the essence of estate planning. At The Soto Law Office, we often remind clients that a good estate plan is not just about making de


Is Your Revocable Living Trust Actually Doing Its Job?
At The Soto Law Office, we often meet clients who believe that having a Revocable Living Trust means their loved ones will never have to go through probate. While a trust can help avoid probate, it’s not automatic. The trust has to be properly funded to work as intended. A trust only governs assets titled in the name of the trust. If an asset isn’t retitled into the trust or doesn’t have a beneficiary designation, it may still have to go through probate under Florida Statute


Newly Married? Why Updating Your Estate Plan Should Be on the Checklist
Amid the excitement of planning a wedding—flowers, cake tastings, and honeymoon destinations—it’s easy to overlook estate planning. But once you’re married, reviewing and updating your estate plan is a key step toward protecting your new life together. While it might not be the most glamorous item on your checklist, updating your will and related documents is a smart, responsible move—and one that can prevent confusion, conflict, and legal challenges down the road. Why Estate


Can I Help My Parent With Their Will? What Florida Law Says About Estate Planning and Mental Capacity
When it comes to estate planning, we frequently hear from well-meaning adult children who want to help their aging parents “get their affairs in order.” While their intentions are usually rooted in love and concern, Florida law places clear boundaries around who can make these decisions and how the legal process should unfold. It’s important to understand that estate planning is not something one person can do on behalf of another, unless proper legal authority has been grant


What Happens to a Bank Account After Someone Passes Away? A Florida Law Firm Explains
After the death of a loved one, it's natural to want to help—by paying bills, depositing checks, or managing day-to-day finances. But...


When a Trust Misses the Mark: Why Purpose and Funding Must Align
A trust is a legal arrangement that allows a designated person, known as a trustee, to manage assets on behalf of beneficiaries. These...


Probate Misunderstandings: Why the Estate Attorney Doesn’t Represent the Heirs
When a loved one passes away and their estate enters probate, it’s common for emotions to run high and confusion to follow. One of the...


A Promise Undelivered: How Outdated Wills Can Leave Loved Ones Empty-Handed
A thoughtful estate plan can become a source of disappointment if it isn’t kept up to date. In Florida, the legal principle of ademption means that if a specific gift—like a treasured piano—is no longer owned at death, the intended recipient may get nothing. Here’s how to protect your legacy and prevent loved ones from opening an “empty box.”
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