Commonly Asked Questions
Wills and Trusts
Can I change my will after it’s signed?
Yes, in Florida, you can change your will after it’s signed. The law allows you to amend or revoke a will at any time, as long as you are mentally competent and follow the proper legal procedures.
Do I need a trust if I already have a will?
No, however a trust can offer benefits that a will alone can't. Whether you need one depends on your estate’s complexity, your privacy preferences, and your goals for asset distribution and probate avoidance.
Will my spouse automatically inherit everything if I don’t make a will?
In Florida, your spouse may not automatically inherit everything if you die without a will, especially if you have children from a previous relationship.
Can a trust help avoid probate?
Assets properly transferred to a revocable trust generally may pass through the trust without probate. However, assets outside the trust and certain other issues may still require probate administration.
Is a handwritten will legally valid?
In Florida, handwritten will is only valid if it meets the same formal requirements as a typed will. The will must be signed by the testator and witnessed by two people, otherwise, it may not be legally recognized.
Can I name a non-family member as executor of my estate?
Yes, you can absolutely name a non-family member as the executor (also called the personal representative) of your estate. The law does not require the executor to be related to you by blood or marriage but there may be other requirements.
Real Estate
Can I transfer property to my children while I’m alive?
Yes, you can transfer property to your children while you're alive. Although there are several ways to do it, each will have different legal, tax, and estate planning implications.
Do I need a lawyer to draft a lease agreement?
No, you don’t need a lawyer to draft a lease agreement but having one can be very beneficial, especially in Florida where landlord-tenant laws are complex and highly technical.
Is a quitclaim deed enough to transfer ownership?
Yes, a quitclaim deed can transfer ownership of real property in Florida, but it only conveys whatever interest the grantor has. There are no guarantees about title quality or ownership rights. It’s legally valid, but not always sufficient depending on your goals.
Can a landlord evict a tenant without going to court?
No, a landlord in Florida cannot legally evict a tenant without going to court. Any eviction must follow a formal legal process and be authorized by a judge.
Does a deed need to be recorded to be valid?
No, a deed does not need to be recorded to be legally valid in Florida but recording it is essential to protect your rights against third parties.
Business Entities
Can I form an LLC by myself without partners?
Yes, you can absolutely form an LLC by yourself without any partners. This is called a Single-Member LLC (SMLLC), and it’s fully recognized in Florida.
Does forming an LLC protect my personal assets?
An LLC may limit an owner’s personal exposure to certain business liabilities when properly formed, operated, and maintained. It does not protect against every type of liability, including personal wrongdoing or personally guaranteed obligations.
Can a corporation have only one shareholder?
Yes, a corporation can have only one shareholder.
Is an operating agreement required for an LLC?
No, Florida does not legally require an LLC to have an operating agreement. Without it, your LLC will be governed by Florida statutes, which may not reflect your intentions, so they are strongly recommended.
Can I change my business entity type later?
While you can change the entity type later, it requires formal steps and may have legal, tax, and operational consequences. This process is often called a business entity conversion or reorganization.
Do I need a registered agent in Florida?
Yes, Florida law requires every LLC and corporation to have a registered agent.
Asset Protection
Will a trust protect my assets from creditors?
A trust can protect your assets from creditors but only if it’s the right type of trust and properly structured, as not all trusts offer asset protection.
Does Florida law protect my primary residence (homestead) from creditors?
Florida law provides significant protection for qualifying homestead property against many—but not all—creditor claims. The protection depends on the property and the owner’s circumstances.
Can retirement accounts be shielded from lawsuits?
Yes, many retirement accounts can be shielded from lawsuits with protection level depending on the type of account.
Is forming an LLC a way to protect you from liability?
An LLC creates a legal distinction between the entity and its owners and may limit personal exposure to certain company liabilities. The protection is subject to important exceptions and proper operation of the LLC.
Can life insurance proceeds be protected from creditors?
Yes, life insurance proceeds can be protected from creditors however, the level of protection depends on the policy structure, and how beneficiaries are designated.
Does a premarital agreement help protect assets?
Yes, a premarital agreement (also called a prenuptial agreement or prenup) can help protect your assets, especially those acquired before marriage, from division or claims in the event of divorce or death.