The Law Office of Mary Beth Kelly, LLC

What happens when Florida residents die without wills

2026-05-25T16:38:04Z

Procrastination, or putting off unpleasant tasks, is part of human nature. Many people delay activities that they know are necessary, including estate planning, because they don’t enjoy them. Older adults who move to Florida for their retirement or young adults starting their families may tell themselves that they have plenty of time to draft wills and other estate planning documents. Unfortunately, quite a few people die before they ever establish valid estate plans. People who understand what might happen if they die without a will can see the importance of creating an estate plan as soon as possible instead of waiting for some future event to motivate them.

The law controls estate administration if there is no will

Florida has specific laws that apply when people die without wills. Intestate succession laws govern the distribution of property when someone dies without an estate plan. Current Florida statutes prioritize close family members of the deceased party. If a married person without children dies, their spouse may inherit everything they own. If a divorced or widowed parent dies, their children may inherit everything. Frequently, surviving spouses and children split an estate. In cases where someone dies with neither a spouse nor children, then their parents might inherit everything.

The problem with intestate succession

Relying on state law to govern the probate process is not an ideal arrangement. Many people have wishes that do not align with intestate succession rules. They may have a long-term romantic partner who isn't their spouse. They may have close friends, siblings or grandchildren whom they want to include in their planning. Intestate succession laws do not typically include extended family or non-familial relationships. Additionally, the people left behind when someone dies without a will are likely to fight over the estate. They may end up causing permanent damage to family dynamics if they disagree about the distribution of property or the wishes of the person who died. Finally, there are the delays and costs of probate proceedings to consider. An estate plan helps ensure that specific people inherit assets intended for them promptly and with minimal conflict. Sitting down to discuss estate planning with the lawyer can be beneficial for those with specific wishes about their personal legacies, valuable property or complicated family circumstances. Instead of gambling on the ability to plan in the future, taking control now may be the better option.

How to discuss estate planning with reluctant family members

2026-02-06T15:23:27Z

Estate planning can be a very upsetting topic for family members, especially because it means confronting your mortality. Despite this, estate planning plays an important role in ensuring that your family inherits assets such as your properties, financial accounts and personal belongings. It is important to reassure your family to let them know that estate planning has less to do with preparing for the inevitability of your passing and more to do with what you can do to protect one another.

Laying the groundwork

To be considerate of your family, setting the right tone in a safe, secure location is essential. Estate planning can be a private and sensitive affair, and your spouse, children or other relatives might be afraid, resistant or in denial of your mortality. It is important to make sure they are comfortable and ready for the discussion, and one of the best ways to do this is to make sure they are not alone. Family gatherings are one of the best times to discuss the future of your estate because you will likely be in one location. Similarly, you will be surrounded by family members who can comfort one another or help with planning how to honor your wishes.

Addressing the family

While estate planning is a means to distribute your assets, writing your will is an important step too – and one that your family might have an easier time helping with. You can also mention that writing a clear plan and outlining how you want your family to honor your wishes can prevent family disputes and potential legal issues. In Florida, passing away without a will, also known as intestate, means that inheritance will follow state laws outlined by Chapter 732 of the Florida Statutes. By writing a will, you can decide which of your family members receive assets. Otherwise, your assets pass to surviving members of your family via hierarchy:

If you have married, your spouse will inherit your entire estate – even if you have biological children together.
If you have married but have children from a previous relationship, your spouse inherits half of your estate and your children share the other half.
If you have children but no spouse, they inherit your entire estate.

However, if you do not have a spouse or children, your parents will inherit your entire estate. If you have no living parents, then your siblings will inherit your belongings, followed by members of your extended family. If you do not create an estate plan, state laws take priority over your family’s preferences. By creating an estate plan with your family, you can name your beneficiaries and deliberate amongst one another to determine where your assets will go.

When is it time to seek legal guidance?

Bear in mind that making an estate plan with your family has the potential to cause conflicts and disputes. To remedy this, many families in Florida hire neutral third-party entities such as attorneys who specialize in estate planning. This way, you and your relatives can receive the guidance and support from a legal expert, especially if they are familiar with the laws and limitations that come with managing assets. Attorneys can also explain the risks that come with being intestate or not having a valid estate plan. Making an estate plan with your family members can be extremely difficult, not to mention emotionally draining. Despite this, it can also be liberating. By preparing for the future, you can provide for your loved ones and enjoy some peace of mind knowing your family will honor your last wishes.

How to Protect Your Heirs from Creditors with Estate Planning

2025-12-02T07:51:16Z

You’ve worked hard your entire life to build a legacy for your loved ones. The last thing you want is for that inheritance to be at risk from creditors, lawsuits, or divorce. At [nap_names id="FIRM-NAME-1"], I understand how important it is to ensure your assets are passed on securely. Thoughtful estate planning can provide powerful protections for your beneficiaries, giving you peace of mind.

Using Trusts for Creditor Protection

One of the most effective tools for asset protection is a trust. Unlike a simple will, which distributes assets directly to heirs, a trust can hold and manage those assets on their behalf. This separation is key. When assets are held within a properly structured trust, they are often shielded from the beneficiaries' personal creditors.

Here’s how trusts can protect your heirs:

Asset separation: A trust keeps assets separate from your heirs’ personal property, reducing vulnerability to creditors.
Ongoing management: The trust manages and distributes assets according to your wishes, instead of providing a lump sum that could be at risk.
Legal protection: Properly drafted trusts, especially spendthrift or discretionary trusts, can help ensure that assets are kept out of reach from most creditors.

Two common types of trusts used for creditor protection are:

Spendthrift Trusts:

- Include provisions that restrict a beneficiary's ability to transfer their interest in the trust.
- Prevent creditors from accessing the trust's assets to satisfy a beneficiary’s debts.
- Offer peace of mind if you’re concerned about an heir’s financial habits or potential legal issues.

Discretionary Trusts:
- Give the trustee full authority over when and how funds are distributed to beneficiaries.
- Add another layer of protection by allowing trustees to consider circumstances before making distributions.

The Role of Life Insurance in Asset Protection

Life insurance can also be a strategic part of protecting your heirs. In Florida:

Protection of proceeds: Life insurance proceeds paid to a named beneficiary are generally protected from that beneficiary's creditors.
Financial security: This means your loved ones can receive the benefit you intended, even if they have outstanding debts.
Flexible planning tool: Including life insurance in your estate plan adds an extra layer of security for your beneficiaries’ futures.

Navigating the complexities of trusts and estate law requires careful consideration of your unique family situation and goals. I am here to guide you through the process with compassion and experience, ensuring the financial security you've built is preserved for generations to come.

Take the Next Step: Secure Your Family’s Future

Protect the future of your loved ones. Contact [nap_names id="FIRM-NAME-1"] today to discuss how I can help you create a comprehensive estate plan. Schedule a consultation through our contact form or call us at [nap_phone id="LOCAL-CT-NUMBER-1"].

How Guardianship Laws Protect Vulnerable Adults in Florida

2025-09-02T04:27:04Z

When a loved one can no longer make important decisions for themselves, the weight of responsibility can feel overwhelming. Florida's guardianship laws exist to create a protective legal framework that safeguards vulnerable adults while ensuring their dignity and rights remain intact.

Understanding Florida's Guardianship Framework

Florida Statute Chapter 744 establishes a comprehensive system designed to protect incapacitated adults who cannot manage their personal or financial affairs. The law recognizes that incapacity can result from various conditions, including dementia, traumatic brain injury, developmental disabilities, or mental illness.

The guardianship process begins when someone petitions the court, demonstrating that an adult lacks the capacity to make informed decisions about their health, safety, or finances. Florida courts take this responsibility seriously, requiring medical evaluations and appointing examining committees to ensure guardianship is truly necessary.

Built-in Protections for Vulnerable Adults

Florida's guardianship laws include several safeguards to prevent abuse and maintain the ward's autonomy whenever possible. The court appoints a guardian advocate for less restrictive situations, allowing individuals to retain certain rights while receiving needed assistance.

The law also mandates annual reporting, ensuring guardians remain accountable for their decisions. Courts can modify or remove guardians who fail to act in their ward's best interests, providing ongoing protection against potential exploitation.

Types of Guardianship in Florida

Florida recognizes both plenary (full) and limited guardianship. Limited guardianship allows courts to tailor protection to specific areas where help is needed, preserving as much independence as possible. This approach respects the fundamental principle that adults should retain maximum control over their lives.

When Professional Guidance Makes the Difference

Every situation is unique, and Florida's guardianship laws can seem complex when you're already dealing with emotional stress. That's why I approach each family with care and comfort first, ensuring you feel supported during these difficult conversations.

Ready to discuss your family's guardianship needs? Contact [nap_names id="FIRM-NAME-1"] today through our contact form or call [nap_phone id="LOCAL-CT-NUMBER-1"]. Let's work together to protect your loved one while honoring their dignity and rights.

Lake Mary Life highlights attorney Mary Beth Kelly’s dedication to family protection

2025-03-20T16:24:17Z

In Lake Mary, the importance of protecting family through legal planning is a topic close to many hearts. An article in Lake Mary Life recently highlighted the work of attorney Mary Beth Kelly, who combines her legal proficiency with personal experience to help families prepare for the future. The article explores her dedication to community involvement and the lessons she learned from her father's battle with Alzheimer's disease.

Mary Beth Kelly's community involvement

Mary Beth Kelly is a prominent Lake Mary figure known for her commitment to the community and “passion for family protection,” explains the article. The Law Office of Mary Beth Kelly plays a significant role in sponsoring the annual Grand Living Park at Lake Mary 5K Fun Run/Walk. This event, held on April 5, raises awareness and funds for the Alzheimer’s & Dementia Resource Center (ADRC). Supporting this cause is deeply important to Mary Beth, as she lost her father, Norman Lansverk, to Alzheimer's in 2013. Her involvement in the event reflects her dedication to supporting Alzheimer's research and helping families affected by the disease.

Personal experience and legal practice

Mary Beth's personal journey with her father's illness taught her the importance of having legal documents in place. Norman was diagnosed with Alzheimer’s in 2008, and Mary Beth managed his affairs through a power of attorney. This experience showed her the importance of preparing health care and financial directives in advance. Having a living will, power of attorney and other essential documents can help families make decisions more easily during difficult times. Mary Beth's legal practice focuses on helping others navigate these challenges. She understands the emotional and practical difficulties of caring for a loved one with a disease and aims to ease the burden on other families. Estate planning and power of attorney are not just legal terms; they are practical tools that can significantly improve your life and the lives of your loved ones. Mary Beth Kelly's story and dedication to the Lake Mary community highlight the importance of being prepared.

Ancillary probate in Florida: A guide for snowbirds

2024-04-25T11:48:34Z

The climate in the northern part of the United States can be painfully cold in the winter – which is why a lot of affluent retirees who have homes in the north also spend part of their year in the Sunshine State. If you’re among these “snowbirds” that always fly south for the winter, it’s important to understand what that may mean for your estate planning process and the (eventual) administration of your estate.

You may need to plan for ancillary probate

Probate is the legal process of administering an estate, which involves validating the deceased’ will, paying their final debts and distributing their remaining assets. An “ancillary probate” is basically a second probate process that comes into play when an individual owns property in a state other than their primary residence. Ancillary probate is required because each state has unique rules on what is required during the probate process and how that process has to proceed. As a certified snowbird, you likely have assets in this state that require an ancillary probate process. These can include:

Real estate: Real estate is one of the biggest reasons for ancillary probate. It’s not unusual for snowbirds to have a condo or a vacation property that they own for their use when they’re here.
Local accounts: Bank accounts, investment portfolios and other financial assets held in Florida may also need ancillary probate if they do not have beneficiary designations or co-owners.
Personal property: The furniture, household goods, jewelry and other personal items you leave behind in this state may also need to go through ancillary probate to ensure that these assets smoothly transfer to their new owners.
Vehicles: You may keep boats, cars, side-by-sides, motorcycles or other vehicles in this state, and those may also need to pass through probate.

There are ways to avoid ancillary probate – but doing so requires careful estate planning. The use of trusts, joint ownership and enhanced life estate deeds, for example, can help make it easier for your beneficiaries and heirs. Seeking legal guidance can help you to sort out your options effectively and in ways that are tailored to your unique circumstances.

3 estate planning tips for parents of children with special needs

2024-04-25T11:48:39Z

Parents who support children with special needs have a very different lifestyle than those with neurotypical or physically healthy children. The lifestyle the family maintains is different, as it is necessary to prioritize the unique needs of the child in everything from education to vacation planning. Estate planning is also very important for those with children who have special needs. Parents need to think about what could happen to their children after their passing or possible future incapacitation. The three tips below may benefit those putting together an estate plan that includes a child – whether an adult or a minor – with special needs.

Avoid direct bequests

One of the biggest mistakes people make when estate planning is to oversimplify the process. They use a will as their only testamentary document and leave certain assets directly to the child with special needs. A large inheritance can quickly cut someone with special needs off from crucial state benefits, like Medicaid coverage. It can also put them at risk of abuse from others. Setting resources aside in a special needs trust is often an ideal way to ensure an individual's comfort while protecting those resources for as long as possible.

Think carefully about guardians and trustees

Whether the child with special needs is still a minor or is now an adult, they will need direct daily support in most cases. Thorough estate plans can provide two separate forms of support for dependents with special needs. A parent can name a guardian to live with and care for the child in their will. They can also name a trustee to manage any financial resources set aside for the child. Choosing individuals who are ethical and responsible is as important as selecting someone who has a positive relationship with the beneficiary who has special needs.

Address the possibility of incapacitation

Parents don't just become unable to care for a loved one when they die. They may also have medical issues that interfere with their daily lives. Advanced age could lead to Alzheimer's disease, dementia or physical limitations that prevent someone from providing support for their child or even caring for themselves. Those who have children with special needs should plan for their possible future incapacitation. Powers of attorney and advance healthcare directives can provide guidance and take the pressure off of immediate family members. They can also help preserve resources that will ultimately pass to someone's estate and their beneficiary was special needs. Incapacity planning could include empowering the person who could serve as guardian to assist the dependent with special needs even before someone's death. No parent wants to leave their child without adequate support, and those who have children with special needs must prepare quite carefully. Engaging in thorough estate planning can help to protect a family member with special needs and give the parents caring for them greater peace of mind.

Benefits and mechanics of a special needs trust in Florida

2024-04-25T11:48:45Z

When it comes to ensuring the long-term financial security and well-being of individuals with disabilities or special needs, usually people who cannot take care of themselves on their own and need assistance from others on a day-to-day basis, special needs trusts play a crucial role.

What is a special needs trust?

A special needs trust (SNT) is a legally binding arrangement designed to protect assets for a disabled individual or an individual with special needs while maintaining their eligibility for government assistance programs like Supplemental Security Income and Medicaid. People can create these trusts for individuals who have physical or mental disabilities and may require additional financial support throughout their lives.

Benefits of special needs trusts

There are many benefits to creating a special needs trust. Among them:

Saving assets for a disabled person
Preserving the disabled person’s eligibility for public benefits
Enhancing the disabled person’s quality of life
Supplementing the disabled person’s financial needs
The disabled individual will have funds for various purposes, including medical expenses, education, housing and accommodations, transportation, recreational services and more.

Who manages special needs trusts?

When a person creates a special needs trust to protect a disabled person, they choose a trustee. The trustee is the person who will manage the trust fund and ensure they disburse the funds for the intended purposes.

Types of special needs trusts

There are three different special needs trusts. The differences between the three types are primarily in who funds and manages the trust. The three types of special needs trusts in Florida are:

First-party special needs trust
Third-party special needs trust
Pooled trust

In addition, Florida requires that the beneficiary of the special needs trust meet certain criteria, such as having a qualifying disability and being under the age of 65 at the time of funding. Special needs trusts are powerful and valuable estate planning tools for people who want to protect a disabled person someone who will need additional resources to care for themselves beyond what the government can provide.

Estate planning for pets

2024-04-25T11:48:49Z

Estate planning is a much-needed, highly proactive step to ensure that loved ones are cared for after you are gone. The ultimate goal is to secure the future you want for your loved ones, whether they are children, grandchildren, or family pets. While many may roll their eyes at those who account for the family dog, cat, or snake in wills and trusts, more and more people are taking steps to ensure that everyone with two legs, four legs, or no legs is included.

Furry beneficiaries

Countless pet enthusiasts consider their pets to be their kids, furry and otherwise. Requests include keeping the brood together and living out the rest of their lives. People who live alone with their animals can select a caregiver to move into the house so the “children” do not have to leave their longtime abode. Pets who survive their owners who are cared for by others will both need financial support. Living in a house requires maintenance and subsequent financial resources to maintain the property. The answer requires various factors regarding how much money is needed and whether it is a fixed amount or in a trust. That starts with the amount needed to care for a pet during their lifetime. Also, scenarios in the event of a severe illness suffered by the animal. The most important decision comes down to selecting the trustee to manage the money that supports your pets. The trustee is also the pet caregiver, or a professional trustee is hired to prevent any conflict of interest. Many will scoff at the notion of a pet benefitting from a will or trust. However, a longtime furry friend who provided enjoyment, mainly through difficult times, deserves to continue on with a new owner focused on their well-being.

Why you need an elder care attorney

2024-04-25T11:48:53Z

People who plan on spending their later years in Florida may require assistance from a qualified expert. The issues you face may become too much for a single person to handle. You may find yourself physically or mentally incapacitated by a long-term illness. If this occurs, you need someone to step in and represent your interests.

What can an elder law attorney do?

Elder law provides for a great deal of assistance in many vital areas. These laws are best applied with the aid that you can get from an elder care attorney. This can be the case when it comes to many crucially important areas, including:

Management of estates
Probate issues
Management of trusts
Creating trusts, wills, and other financial records
Estate planning issues
Appeals and claims for Social Security and Medicare
Elder abuse
Prevention of elder impoverishment should they enter a nursing home or other facility

Making a plan for long-term care

There are several issues to consider as you approach the end of your life. One of these will be securing the highest possible level of care. The members of your family may have different or conflicting ideas. An elder law attorney can step in to make crucial decisions in a completely fair and impartial manner. This will help you to create a plan that all can agree on. You will want to ensure that the person you give power of attorney to is qualified for the position. This is another area in which the counsel of an elder law attorney will be valuable. They can help you weigh all of the factors so that the one you invest with this power will be able to handle the job satisfactorily. There may also be lingering issues with Medicaid, Social Security, or veterans' benefits. An elder law attorney may be able to resolve these issues. This may help you to offset the cost of your medical care.