Bart Scovill, PLC - Sarasota Wills, Trusts & Probate Attorney

New Estate Planning Video: Myth, Mistake, or Truth: You Can’t Sign Estate Documents with Dementia

Bart@Scovills.com (Bart Scovill) — Wed, 27 May 2026 08:05:02 -0400

Myth, Mistake, or Truth: You Can’t Sign Estate Documents with Dementia

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New Estate Planning Video: Myth, Mistake, or Truth: You Don’t Need a Trust to Avoid Probate

Bart@Scovills.com (Bart Scovill) — Wed, 20 May 2026 09:04:34 -0400

Myth, Mistake, or Truth: You Don’t Need a Trust to Avoid Probate

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New Estate Planning Video: Myth, Mistake, or Truth: Your Life Insurance Is Taxed

Bart@Scovills.com (Bart Scovill) — Wed, 13 May 2026 08:04:58 -0400

Myth, Mistake, or Truth: Your Life Insurance Is Taxed

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New Estate Planning Video: Myth, Mistake, or Truth: Update Your Estate Plan for Every New Family Member?

Bart@Scovills.com (Bart Scovill) — Wed, 6 May 2026 08:04:52 -0400

Myth, Mistake, or Truth: Update Your Estate Plan for Every New Family Member?

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New Estate Planning Video: Myth, Mistake, or Truth: You Must Be 18 to Sign a Will

Bart@Scovills.com (Bart Scovill) — Wed, 29 Apr 2026 08:04:54 -0400

Myth, Mistake, or Truth: You Must Be 18 to Sign a Will

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New Estate Planning Video: Myth, Mistake, or Truth: No Property Can Be Distributed Until Probate Is Over

Bart@Scovills.com (Bart Scovill) — Wed, 22 Apr 2026 08:04:51 -0400

Myth, Mistake, or Truth: No Property Can Be Distributed Until Probate Is Over

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Bart@Scovills.com (Bart Scovill) — Mon, 20 Apr 2026 12:30:15 -0400

Firearms are often overlooked in estate planning, but they present unique legal and practical issues. Unlike bank accounts or real estate, firearms are regulated property, and improper handling can create serious legal problems for your family.

If you own firearms, a clear plan is not optional—it’s necessary.

Why Firearms Require Special Planning

Firearms are subject to both federal and state laws, and not everyone is legally allowed to possess them. That means your personal representative, trustee, or agent under a power of attorney must be careful about how they handle and transfer them.

The biggest risks are:

- Transferring firearms to someone who is legally prohibited

- Improper possession during administration

- Violating federal laws regarding certain regulated firearms

These issues can arise quickly if no plan is in place.

What Happens at Death

When you pass away, your firearms become part of your estate or trust—just like any other asset. But unlike other assets, your personal representative cannot simply hand them out.

Key Considerations:

1. Who Can Legally Receive Them

Firearms can only be transferred to someone who is legally allowed to possess them under federal and Florida law. That excludes certain individuals, such as convicted felons or those with disqualifying conditions.

2. Probate vs. Trust

- If your firearms are owned individually, they will pass through probate.

- If properly assigned to a revocable trust, your trustee can manage and distribute them without probate.

That said, even in a trust, the trustee must follow all applicable laws.

3. Federal Firearms (NFA Items)

Certain firearms—such as suppressors, short-barreled rifles, and machine guns—are regulated under the National Firearms Act (NFA).

These require:

- Registration with the federal government

- Approval before transfer (even at death)

Improper handling of these items can create serious federal liability.

What Happens During Incapacity

This is where most plans fall apart.

If you become incapacitated, someone needs legal authority to access and secure your firearms. Without proper planning:

- Your family may not have access

- Your firearms may be left unsecured

- No one may have clear authority to transfer or store them

Durable Power of Attorney

A properly drafted durable power of attorney should include specific authority to:

- Access and secure firearms

- Transfer or store them as necessary

- Work with licensed dealers if needed

Without this language, your agent may be hesitant—or unable—to act.

Trust Planning

Many firearm owners use a revocable trust (or a specialized firearm trust) to:

- Allow multiple responsible individuals to lawfully possess the firearms

- Provide clear instructions for management during incapacity

- Avoid gaps in legal possession

This is especially important for NFA-regulated items.

Practical Steps You Should Take Now

This is where good planning makes all the difference.

1. Create an Inventory

Maintain a private, up-to-date list of:

- Firearms owned

- Serial numbers

- Location of storage

- Any registration documents (especially for NFA items)

Do not put sensitive details directly into your will—keep them in a separate memorandum.

2. Choose the Right People

Make sure your:

- Personal representative

- Trustee

- Agent under power of attorney

…are willing and legally able to handle firearms.

3. Use Proper Legal Structures

Depending on your situation:

- A revocable trust may be sufficient

- A firearm-specific trust may be appropriate for more complex collections

4. Provide Clear Instructions

Your plan should address:

- Who receives the firearms

- What happens if a beneficiary cannot legally possess them

- Whether items should be sold, transferred, or retained

5. Work With a Licensed Dealer When Needed

In some cases, transfers should go through a Federal Firearms Licensee (FFL), especially if:

- The recipient lives in another state

- There is any uncertainty about legality

Common Mistakes to Avoid

These come up more often than they should:

- Leaving firearms to someone without confirming legal eligibility

- Failing to plan for incapacity

- Ignoring NFA requirements

- Assuming a will alone is enough

- Not telling anyone where firearms are located

Each of these can create real problems for your family.

Final Thoughts

Firearms are not just another asset—they require deliberate planning. The goal is simple: make things as easy and as lawful as possible for the people you trust.

If you have questions about how to properly incorporate firearms into your estate plan, it’s worth addressing now rather than leaving your family to sort it out later.

If you’d like help putting a plan in place, contact Bart Scovill, PLC through our website contact form to discuss your options.

Disclaimer: This article is for general informational purposes only and is not intended as legal advice. The information provided may not apply to your specific situation, particularly with respect to federal and state laws governing firearms. Reading this article does not create an attorney-client relationship with Bart Scovill, PLC. For advice regarding your individual circumstances, please contact our office through our website contact form. https://scovills.com/?p=3525

New Estate Planning Video: Myth, Mistake, or Truth: Hiring a Lawyer Is Expensive

Bart@Scovills.com (Bart Scovill) — Wed, 15 Apr 2026 08:04:50 -0400

Myth, Mistake, or Truth: Hiring a Lawyer Is Expensive

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Bart@Scovills.com (Bart Scovill) — Mon, 13 Apr 2026 12:30:24 -0400

When a homeowner dies, their homeowner’s insurance policy does not automatically transfer to the heirs. However, the property still needs insurance coverage during probate or trust administration. Failing to address the insurance promptly can expose the estate—and the personal representative or trustee—to serious risk.

Understanding how homeowner’s insurance works after death is an important part of administering an estate in Florida.

The Insurance Policy Does Not Automatically Continue

A homeowner’s insurance policy is a contract between the insurer and the named insured. When the insured dies, the policy does not automatically update to reflect the estate, trust, or new owner of the property.

Most policies will remain in force until their expiration date if premiums are paid. However, the insurer should be notified of the death so the policy can be properly updated.

If the insurance company is not informed, coverage disputes can arise later—especially if a claim occurs.

The Property Still Needs Immediate Coverage

Even though ownership of the property is in transition, the home still faces the same risks:

- Fire

- Storm damage

- Water damage

- Liability claims

- Vandalism or theft

In Florida, vacant homes can be especially vulnerable to damage. If the home becomes vacant for an extended period, many insurance policies restrict or reduce coverage unless the insurer is notified.

For this reason, one of the early steps in estate administration should be confirming that adequate insurance remains in place.

Who Is Responsible for Maintaining the Insurance?

The person responsible depends on how the property was owned.

If the Property Is in Probate

If the property was owned in the deceased person’s individual name, the personal representative of the estate is responsible for protecting the asset.

That responsibility includes ensuring that homeowner’s insurance remains active.

Insurance carriers will often allow the policy to be updated to reflect:

“The Estate of ”

The personal representative should contact the insurer and confirm:

- The policy remains active

- Coverage limits are adequate

- The insurer knows the property owner has died

- The estate is listed appropriately on the policy

If the Property Is in a Trust

If the property was owned by a revocable living trust, the trustee becomes responsible for maintaining insurance coverage.

In many cases the policy will need to be updated so the trust or trustee is listed as an insured party.

Insurance companies commonly handle this by listing the trust as an additional insured.

Special Issues With Vacant Homes

A home that becomes vacant after death may require special attention.

Many homeowner’s insurance policies limit coverage after a property has been vacant for 30 to 60 days. Once this happens, certain types of losses—such as vandalism or water damage—may no longer be covered.

If the home will remain empty during probate, the estate may need a vacant home insurance policy.

This is a common issue in Florida when:

- A surviving spouse moves to assisted living

- Heirs live out of state

- The property will be sold during probate

Failing to address this issue can leave the estate uninsured.

Mortgage Requirements

If the property has a mortgage, the lender will typically require that homeowner’s insurance remain in place.

If the policy lapses, the lender may purchase force-placed insurance, which is usually much more expensive and provides less coverage.

Maintaining the existing policy—or replacing it quickly—is important to avoid this situation.

Practical Steps to Take After a Homeowner Dies

If you are administering an estate that includes a home, consider taking these steps early:

- Locate the homeowner’s insurance policy

- Confirm the policy is still active

- Notify the insurance company of the death

- Update the named insured if necessary

- Confirm coverage if the home will be vacant

- Make sure premiums continue to be paid

These steps help protect the estate from unnecessary risk.

Conclusion

Homeowner’s insurance is often overlooked in the early stages of estate administration, but it is a critical issue. A lapse in coverage can expose the estate to substantial financial loss if something happens to the property.

If you have questions about administering an estate or protecting estate assets, contact Bart Scovill, PLC through the contact form at Scovills.com.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. https://scovills.com/?p=3521

New Estate Planning Video: Myth, Mistake, or Truth: Real Property Can Only Be Sold at the End of Probate

Bart@Scovills.com (Bart Scovill) — Wed, 8 Apr 2026 08:05:11 -0400

Myth, Mistake, or Truth: Real Property Can Only Be Sold at the End of Probate

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New Estate Planning Video: Myth, Mistake, or Truth: Your PR Must Be a Florida Resident

Bart@Scovills.com (Bart Scovill) — Wed, 1 Apr 2026 10:05:24 -0400

Myth, Mistake, or Truth: Your PR Must Be a Florida Resident

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New Estate Planning Video: Myth, Mistake, or Truth: I Should List All My Assets in My Will or Trust

Bart@Scovills.com (Bart Scovill) — Wed, 25 Mar 2026 08:04:43 -0400

Myth, Mistake, or Truth: I Should List All My Assets in My Will or Trust

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Bart@Scovills.com (Bart Scovill) — Mon, 16 Mar 2026 13:30:10 -0400

When someone says, “I’m just going to put my daughter on my bank account,” that statement can mean three very different things.

In Florida, a person can be added as a co-owner, an authorized signer, or a beneficiary (POD) — and each option carries very different legal consequences.

If you get this wrong, you can accidentally create creditor exposure, gift issues, family disputes, or even defeat your estate plan entirely. Let’s break it down clearly.

1. Co-Owner of the Account (Joint Owner)

When you add someone as a co-owner, you are giving them ownership rights to the account.

In Florida, most joint accounts are titled as joint tenants with rights of survivorship. That means:

- Both owners have access to all funds.

- Either owner can withdraw the entire balance.

- At death, the surviving owner automatically receives the account.

- The account avoids probate.

What Many People Don’t Realize

- The co-owner’s creditors may be able to reach the account.

- The funds may become part of the co-owner’s divorce proceedings.

- You may be making a present gift of part of the account.

- If the co-owner dies first, their creditors or heirs may complicate matters.

- This arrangement overrides your will.

This is not merely “helping with bills.” This is giving away ownership.

That may be appropriate in some situations — but it should be intentional.

2. Authorized Signer (Convenience Signer)

An authorized signer (sometimes called a convenience signer) is not an owner.

They can:

- Write checks

- Make deposits

- Assist with transactions

But they do not own the account.

Key Differences from a Co-Owner

- No survivorship rights.

- No ownership interest.

- Creditors of the signer generally cannot reach the funds.

- The account remains part of the owner’s estate at death.

This is often what people actually mean when they say they want someone “on” their account — someone to help manage finances during life.

However, this arrangement does not avoid probate.

If probate avoidance is your goal, this option alone won’t accomplish it.

3. Beneficiary (Payable-on-Death / POD)

A Payable-on-Death (POD) designation names someone to receive the account when you die.

During your lifetime:

- The beneficiary has no access.

- They have no ownership rights.

- They cannot interfere with the account.

At death:

- The funds pass directly to the named beneficiary.

- The account avoids probate.

Important Limitations

- It does not help with incapacity.

- It overrides what your will says.

- It may conflict with your trust planning if not coordinated properly.

A POD designation is simple — but simplicity can create unintended consequences if it is not aligned with the rest of your estate plan.

Comparing the Three Options

FeatureCo-OwnerAuthorized SignerPOD BeneficiaryHas ownership rights now?YesNoNoCan access funds during life?YesYesNoAvoids probate?YesNoYesSubject to their creditors?PotentiallyGenerally NoNo (during your life)Helps during incapacity?YesYesNo

These are very different tools — even though banks often treat them as minor paperwork changes.

The Bigger Issue: Intent

Most problems arise because:

- A parent wants help paying bills.

- A banker suggests adding a joint owner.

- The long-term legal consequences are never discussed.

In many cases, a properly drafted Durable Power of Attorney is a cleaner, safer solution during lifetime — without giving away ownership or creating creditor exposure.

The right answer depends on your goals:

- Avoid probate?

- Plan for incapacity?

- Protect from creditors?

- Maintain control?

There is no one-size-fits-all solution.

Final Thoughts

Putting someone “on” your bank account is not a small administrative decision. It is a legal decision with real consequences.

If you have questions about how your accounts are titled — or whether they are coordinated with your overall estate plan — contact Bart Scovill, PLC to review your options before making changes at the bank.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. https://scovills.com/?p=3467

Bart@Scovills.com (Bart Scovill) — Mon, 9 Mar 2026 13:30:41 -0400

Estate planning isn’t just about what happens after death. For many people, the most important planning happens during life, especially in the event of incapacity.

Most advice assumes there’s a spouse, adult child, or close friend ready to step in. But many Floridians don’t have that safety net. They may be single, widowed, estranged, child-free, or simply unwilling to place that level of responsibility on anyone they know.

When that’s the case, healthcare decision-making becomes the most difficult—and most dangerous—gap to leave unaddressed.

Why Healthcare Decisions Are the Hardest to Solve

Financial roles can be outsourced. Medical judgment cannot—at least not easily.

A healthcare surrogate must:

- Speak with doctors in real time

- Make judgment calls under stress

- Weigh quality of life against medical intervention

- Advocate when no one else is in the room

Without a named surrogate:

- Florida’s statutory priority list applies

- Distant or estranged relatives may gain control

- Or the court may become involved

Once court involvement begins, your voice fades quickly.

Strategy 1: Separate Medical Authority from Emotional Burden

One reason people struggle to name a healthcare surrogate is emotional weight.

The mistake is assuming the surrogate must care deeply about you to act responsibly. In reality, what matters more is whether they can:

- Follow instructions

- Communicate clearly

- Stay calm under pressure

- Resist outside influence

For some clients, a competent but emotionally neutral person—even if not especially close—performs better than someone overwhelmed by guilt or fear.

Strategy 2: Use Extreme Clarity to Replace Personal Knowledge

When personal familiarity is missing, written clarity becomes the substitute.

This means going beyond a checkbox living will.

Effective planning often includes:

- Detailed written explanations of treatment preferences

- Clear statements about pain management, cognition, and independence

- Guidance on when continued treatment no longer serves your goals

- Instructions about consultation with specialists or ethics committees

The goal is to remove guesswork so the surrogate is executing decisions—not inventing them.

Strategy 3: Name Primary and Backup Decision-Makers Early

Indecision often leads to procrastination, which leads to court involvement.

A better approach is:

- Name the best available option now

- Layer backups

- Accept that perfection is unrealistic

Healthcare documents can be updated. Guardianships are much harder to undo.

Choosing someone imperfect today is often safer than choosing no one at all.

Strategy 4: Consider Professional Decision-Makers—With Limits

Professional fiduciaries work well for finances. Healthcare is different.

Some professional guardians or agencies will serve as healthcare decision-makers, but this approach works only when paired with strong instructions and oversight.

Pros:

- Availability

- Experience with medical systems

- Willingness to make hard calls

Risks:

- Volume-driven decision-making

- Lack of personal advocacy

- Overreliance on institutional norms

When professionals are used, the documents must do more of the work.

Strategy 5: Use Oversight and Accountability Tools

When trust is limited, accountability matters.

Common safeguards include:

- Requiring consultation with a second physician

- Mandating periodic reporting

- Naming a monitor to receive updates

- Authorizing ethics committee review in disputes

These tools don’t replace a surrogate—but they reinforce responsible decision-making.

Strategy 6: Make a Guardian Choice

Before

the Court Does

Even the best documents can fail. When they do, guardianship becomes the fallback.

Florida allows you to:

- Nominate a guardian in advance

- Express preferences and disqualifications

- Provide guidance to the court

This doesn’t eliminate risk—but it keeps control in your hands instead of the court’s.

The Real Risk: Silence

The most dangerous estate plan for someone without close family is silence.

When no one is named:

- Decisions default to statutes

- Courts step in

- Costs rise

- Control disappears

Healthcare decisions don’t wait for perfect planning. They arrive suddenly and demand immediate answers.

Final Thoughts

If you don’t have an obvious person to make healthcare decisions, you’re not alone—and you’re not unprepared if you plan intentionally.

The solution isn’t finding the “right” person.

It’s building a system that works even when no one knows you well.

If you have questions about incapacity planning and healthcare decision-making in Florida, contact Bart Scovill, PLC to discuss lifetime-focused strategies designed for your situation.

Disclaimer:

This article is provided for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Bart Scovill, PLC. Estate planning laws and procedures vary by jurisdiction and individual circumstances. You should consult a qualified attorney regarding your specific situation before making any legal decisions. https://scovills.com/?p=3464

New Estate Planning Video: Myth, Mistake, or Truth: Adults Don’t Need a Guardian

Bart@Scovills.com (Bart Scovill) — Wed, 4 Mar 2026 08:04:33 -0500

Myth, Mistake, or Truth: Adults Don’t Need a Guardian

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Bart@Scovills.com (Bart Scovill) — Mon, 2 Mar 2026 12:30:30 -0500

When a loved one passes away, settling their affairs can feel overwhelming. The probate process in Florida has strict rules and deadlines, so having the right attorney can make a tremendous difference — both emotionally and financially. Here’s what to look for when choosing a probate attorney.

1. Look for Florida Probate Experience

Probate laws and court procedures vary from state to state. You’ll want an attorney who regularly handles Florida probate cases and understands local court practices, especially if property or homestead rights are involved.

Tip: Ask how many probate administrations the attorney handles in a typical year — and whether those are summary, formal, or ancillary estates.

2. Confirm They Handle Your Type of Case

Not every estate is the same. Some involve formal probate (court-supervised), while others qualify for summary administration or even disposition without administration.

Choose an attorney who explains which type applies to your situation and why — not one who gives a one-size-fits-all answer.

3. Evaluate Communication and Responsiveness

Probate can take months. You’ll want someone who:

- Returns calls or emails promptly

- Clearly explains what to expect next

- Keeps you updated on filings and deadlinesYou shouldn’t have to chase your attorney for information.

4. Understand the Fee Structure

In Florida, probate fees are often based on a percentage of the estate value under Florida Statute §733.6171, but many attorneys offer hourly or flat-fee options for smaller estates.

Ask for a written fee agreement that explains how costs are billed and what’s included.

5. Check for Personal Compatibility

This is often overlooked. Probate matters involve sensitive family dynamics and emotional decisions. Choose someone you feel comfortable with — an attorney who listens, answers questions directly, and shows empathy while staying objective.

6. Look for a Local Presence

Each Florida county has its own probate division and local procedural quirks. A Sarasota or Manatee County attorney, for example, will be familiar with local filing systems, judges, and clerks. That local familiarity can save time and stress.

7. Verify Credentials and Standing

You can confirm an attorney’s standing with the Florida Bar at www.floridabar.org. This will show whether the attorney is in good standing and whether there are any disciplinary actions.

8. Ask About Related Services

Probate often overlaps with other issues — such as trust administration, estate tax, or homestead transfers.

An attorney experienced in both probate and estate planning can help minimize future problems for surviving family members.

9. Get a Clear Roadmap

Before hiring, ask the attorney to outline the steps of your probate case and the expected timeline. A good attorney will explain:

- Which documents are needed

- What happens in court

- When distributions can occurThat transparency helps you feel confident in the process.

10. Trust Your Instincts

Finally, if an attorney rushes you, avoids clear answers, or seems too busy, trust your gut. Probate requires both technical knowledge and personal trust.

Conclusion

The right probate attorney will help you navigate Florida’s process efficiently, reduce conflict, and give you peace of mind that your loved one’s estate is handled properly.

If you have questions about selecting or starting a Florida probate, contact Bart Scovill, PLC, where our firm is dedicated to helping families through every step of the probate process with clear communication and local experience.

Disclaimer:

This article is for general informational purposes only and does not constitute legal advice. Every probate matter is different, and reading this content does not create an attorney-client relationship. If you need legal advice regarding a probate matter in Florida, you should consult with a qualified attorney about your specific situation. https://scovills.com/?p=3461

New Estate Planning Video: Myth, Mistake, or Truth: Everyone Should Have a Trust

Bart@Scovills.com (Bart Scovill) — Wed, 25 Feb 2026 08:05:04 -0500

Myth, Mistake, or Truth: Everyone Should Have a Trust

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Bart@Scovills.com (Bart Scovill) — Mon, 23 Feb 2026 12:30:14 -0500

Retirement accounts like IRAs and 401(k)s are often among the largest assets in an estate. But when it comes to estate planning, they operate under a very different set of rules compared to other types of property. Many Florida residents want to know whether it makes sense to name a trust as the beneficiary of a retirement account — and if so, how to do it correctly. Here's what you need to know.

Can a Retirement Account Be Held in a Trust?

During your lifetime, retirement accounts cannot be retitled into a trust. They must remain in your individual name to maintain their tax-deferred status. However, you can name a trust as the beneficiary of a retirement account, which allows the trust to receive the proceeds after your death and manage how those funds are distributed to your heirs.

Why Use a Trust for a Retirement Account?

Naming a trust as the beneficiary may be a good strategy when:

1. You Want Control Over How Funds Are Distributed

A trust allows you to set rules, such as:

- Delaying distributions until a beneficiary reaches a certain age

- Requiring that funds be used for education or medical needs

- Preventing an irresponsible heir from receiving a lump sum

2. Your Beneficiary Is a Minor, Has Special Needs, or Faces Creditor Issues

Trusts can be designed to provide lifelong protection for vulnerable beneficiaries. For example, a special needs trust may be appropriate for a disabled child, and a spendthrift clause can protect the account from creditors or divorce.

3. You Want to Preserve Some Tax Deferral

Although the rules have changed (see below), trusts can still help beneficiaries avoid immediate taxation, depending on how the trust is structured.

Understanding the 10-Year Rule (Post-SECURE Act)

Since the SECURE Act of 2019, most non-spouse beneficiaries of retirement accounts must withdraw the entire balance within 10 years of the account owner's death. This includes most trusts as beneficiaries.

However, exceptions apply for “eligible designated beneficiaries”, including:

- Surviving spouses

- Minor children (while they are minors)

- Disabled or chronically ill individuals

- Individuals less than 10 years younger than the decedent

For these beneficiaries, distributions may still be stretched over their life expectancy if the trust is set up properly.

Types of Trusts Commonly Used

Conduit Trust

- Acts as a pass-through: the required minimum distributions (RMDs) from the IRA are immediately passed to the beneficiary.

- Offers some protection while still qualifying for favorable tax treatment.

- Cannot retain IRA funds in the trust.

Accumulation Trust

- Can hold onto distributions, offering more control and protection.

- May result in higher taxes if income is retained by the trust.

- Needs to be carefully drafted to remain a “see-through trust” under IRS rules.

Risks of Naming a Trust as Beneficiary

- Tax Rates: Trusts reach the top federal income tax bracket much faster than individuals.

- Complexity: Trusts must meet specific IRS criteria to qualify as a “see-through” trust.

- Legal Drafting Requirements: A poorly drafted trust can trigger immediate taxation or unintended distributions.

Best Practices for Florida Residents

- Get Professional AdviceRetirement accounts are subject to special tax rules that change frequently. A trust must be drafted to comply with both federal tax law and Florida trust law.

- Use Precise Beneficiary DesignationsIt’s not enough to name “my trust” — the full legal name and date of the trust should be listed.

- Coordinate with Your Entire Estate PlanTrusts can be powerful tools, but they must be coordinated with your will, power of attorney, health care directives, and financial institutions.

Conclusion

Trusts can be an effective way to manage and protect retirement account distributions for your loved ones — but they must be used carefully. The decision to name a trust as a beneficiary should never be made without legal guidance. At Bart Scovill, PLC, we help Florida families design estate plans that are clear, protective, and tax-efficient.

If you’re unsure whether a trust should be the beneficiary of your retirement account, contact us today to schedule a consultation.

Disclaimer: This article is for general informational purposes only and does not constitute legal, financial, or tax advice. Reading this content does not create an attorney-client relationship with Bart Scovill, PLC. You should consult with a qualified professional regarding your specific situation before making any decisions related to estate planning or retirement accounts. https://scovills.com/?p=3410

New Estate Planning Video: Myth, Mistake, or Truth: My Trustee Needs Financial Skills

Bart@Scovills.com (Bart Scovill) — Wed, 18 Feb 2026 08:05:03 -0500

Myth, Mistake, or Truth: My Trustee Needs Financial Skills

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Bart@Scovills.com (Bart Scovill) — Mon, 16 Feb 2026 12:30:16 -0500

Attorneys, CPAs, and financial advisors spend their careers protecting the interests of others. Yet many professionals overlook the importance of protecting their own practices. A comprehensive estate plan should do more than manage personal assets—it should also ensure that clients are protected, staff are supported, and the professional’s legacy continues even in the event of incapacity or death.

Why Professional Practices Require Special Planning

Professional practices are governed by strict licensing and ethical rules. In Florida, only licensed professionals may own or operate certain types of firms, and those licenses cannot simply be transferred to a spouse or child. Without proper planning, a practice can be forced to close abruptly, leaving clients unserved and the estate without a way to realize the business’s value.

Key issues commonly include:

- Client obligations: Deadlines, filings, and fiduciary duties continue even after an owner’s death or incapacity.

- Confidentiality: Someone must be authorized to secure and manage client records.

- Compensation: Fees and commissions earned but not collected must be handled properly through the estate.

- Licensing restrictions: Only qualified professionals may manage or wind down the practice.

The Importance of a Successor or Closure Agreement

Every professional should have a written succession or closure plan.For attorneys, this often means designating an Inventory Attorney under Florida Bar Rule 1-3.8(e).For CPAs and financial advisors, it may involve a buy-sell agreement, continuity plan, or successor firm arrangement.

These agreements address essential questions:

- Who will contact and protect clients?

- Who has authority to pay staff and close accounts?

- How will the practice’s value be determined and transferred?

Without these answers, both the estate and clients may face unnecessary disruption and financial loss.

Coordinating the Practice with the Estate Plan

The estate plan and business continuity plan should work together. Steps to consider include:

- Durable Power of Attorney: Authorize a trusted colleague to manage business operations temporarily if needed.

- Revocable Trust: Assign ownership interests to a trust that can contract with a licensed successor or arrange a sale.

- Insurance and Valuation: Maintain funding mechanisms such as key-person or buy-sell coverage to preserve liquidity.

- Client Communication: Prepare a plan for notifying clients and transferring active matters or accounts.

Proper coordination ensures the practice’s financial and professional value is not lost in transition.

Encouraging Cross-Professional Planning

Attorneys, accountants, and financial advisors often share clients who rely on consistent professional guidance. By implementing their own continuity plans, professionals set an example of responsible planning while also protecting mutual clients from unnecessary stress and uncertainty.

Professionals who wish to integrate business succession into their estate plans can benefit from working with an attorney familiar with Florida’s ethical and legal requirements for professional entities.

Disclaimer:This article is provided for general informational purposes only and is not intended as legal, tax, or financial advice. Reading this content does not create an attorney-client relationship. Laws and professional licensing rules vary based on individual circumstances and may change over time. Attorneys, CPAs, financial advisors, and other professionals should consult with qualified legal counsel regarding their specific succession and estate planning needs.

Helpful Links

For Attorneys

- Florida Bar Inventory Attorney Program:https://www.floridabar.org/member/inventory-attorney-program/Explains the Bar’s rules and resources for appointing an inventory attorney under Rule 1-3.8(e).

- Florida Bar Rule 1-3.8(e): Inventory Attorneyshttps://www.floridabar.org/rules/rrtfb/(Scroll to Chapter 1, Rule 1-3.8(e) for the exact rule text.)

- The Law Practice Exchangehttps://www.thelawpracticeexchange.comMarketplace and advisory service for buying, selling, and transitioning law practices.

For CPAs

- Florida Institute of CPAs (FICPA): Practice Continuation & Succession Planninghttps://www.ficpa.org(Search “practice continuation” or “succession” within the site for FICPA’s model agreements and guidance.)

- AICPA: Business Continuation Planning for CPAshttps://us.aicpa.org(Provides national-level templates and checklists for firm continuity.)

For Financial Advisors

- FINRA: Business Continuity Planning Rule (FINRA Rule 4370)https://www.finra.org/rules-guidance/rulebooks/finra-rules/4370Outlines continuity requirements for financial professionals.

- CFP Board: Practice Transition Resourceshttps://www.cfp.net(Resources for certified financial planners managing continuity and client succession.)

General Practice Succession & Continuity

- SBA Business Succession Planning Guide (U.S. Small Business Administration)https://www.sba.gov/business-guide/manage-your-business/transition-plan

- Florida Department of Business & Professional Regulation (DBPR)https://www.myfloridalicense.com(For verifying and transferring professional licenses when ownership changes.) https://scovills.com/?p=3407

New Estate Planning Video: Myth, Mistake, or Truth: I Don’t Need a Living Will Because I Have a DNR

Bart@Scovills.com (Bart Scovill) — Wed, 11 Feb 2026 08:05:23 -0500

New video is live.

Watch on YouTube

Bart@Scovills.com (Bart Scovill) — Mon, 9 Feb 2026 12:30:35 -0500

When someone dies with an ex-spouse still named as the beneficiary on their life insurance policy, families are often shocked by what actually happens. Many assume divorce wipes out the ex-spouse’s rights automatically—but that isn’t always true. In fact, in some situations the ex-spouse still receives the full payout.

Here’s a clear explanation of how this works under Florida law, and what to expect when this situation appears during probate.

Private vs. Employer-Provided Policies: The Key Difference

Before anything else, you must determine what type of policy you’re dealing with. Everything hinges on this.

Private life insurance policies (non-ERISA)

Under Florida Statute § 732.703, if the policy owner divorces after naming their spouse as beneficiary, the law generally treats the ex-spouse as if they predeceased the insured.

Unless one of the following happened:

- The divorce judgment required the ex-spouse to remain beneficiary

- The parties signed an agreement to keep the ex-spouse as beneficiary

- The insured re-designated the ex-spouse after the divorce

If Florida’s statute applies, the insurance company pays the contingent beneficiary.If no contingent is named, the proceeds go to the estate.

Employer-provided or ERISA-governed policies

These follow federal law, not Florida law.And under federal law, the named beneficiary receives the payout—even if they are the ex-spouse.

This is one of the biggest surprises families run into.

Does the Divorce Judgment Mention Life Insurance?

Some marital settlement agreements require one spouse to:

- Maintain life insurance, and/or

- Keep the former spouse as the beneficiary

If the insured later changes the beneficiary, the policy may pay the person currently listed—but the ex-spouse can sue the estate to enforce the agreement. Courts can impose a constructive trust on the proceeds to honor the divorce judgment.

If the divorce judgment contains any language about life insurance, it must be reviewed carefully.

Timeline Matters: Before or After the Divorce

It’s important to determine:

- When the beneficiary designation was made

- Whether the insured updated the designation after the divorce

- Whether the insured remarried

- Whether any backup beneficiaries exist

A fresh designation naming the ex-spouse after the divorce overrides Florida’s revocation statute.

What If You Represent the Ex-Spouse?

Key question:

“Was the policy employer-provided?”

- If ERISA → The ex-spouse likely gets the proceeds.

- If private → The ex may be revoked unless the divorce judgment protects them.

If the divorce required the insured to maintain the ex as beneficiary, they may still have a claim even if not listed.

What If You Represent the New Spouse or Children?

Your first step is the same: determine whether the policy is private or ERISA.

- Private policy → Good chance the ex is voided.

- ERISA policy → The ex is probably still entitled.

- Backup beneficiaries become important if the ex is voided.

- If the proceeds fall into the estate, probate may become more complex.

Conclusion

When an ex-spouse is named as beneficiary on a life insurance policy, Florida law does not give a one-size-fits-all answer. The key questions are:

- Is the policy private or employer-provided?

- Does the divorce judgment address life insurance?

- Was the ex re-designated after the divorce?

If you have questions about a life insurance issue involving a former spouse, or need help navigating how this affects a probate administration, contact Bart Scovill, PLC. We help families throughout Florida understand their rights and obligations during these situations.

Disclaimer:This article is provided for general informational purposes only and is not intended as legal advice. Reading this article does not create an attorney-client relationship. Life insurance beneficiary issues can be highly fact-specific, particularly when divorce, federal law, or prior court orders are involved. You should consult with a qualified attorney regarding your specific situation before taking any action. https://scovills.com/?p=3404

Bart@Scovills.com (Bart Scovill) — Fri, 6 Feb 2026 19:07:23 -0500

Latest upload. https://youtu.be/Zty5gYrz_8g?si=LpZmhtXIkMabbGWD

Bart@Scovills.com (Bart Scovill) — Mon, 2 Feb 2026 12:30:17 -0500

When it comes to protecting your family and your future, choosing the right estate planning attorney is one of the most important decisions you’ll make. A well-designed estate plan can provide peace of mind, reduce taxes and expenses, and prevent disputes down the road — but only if it’s done correctly. Here’s what to look for when choosing an estate planning attorney in Florida.

1. Look for Experience in Florida Estate Planning

Estate planning laws vary from state to state, and Florida has some unique rules — especially regarding homestead property, elective share, and trust administration. Look for an attorney who focuses on Florida estate planning rather than one who merely offers it as a side service.Ask how long they’ve practiced in this area and whether they routinely prepare wills, trusts, and related documents for Florida residents.

2. Make Sure the Attorney Understands Your Goals

A good estate plan isn’t one-size-fits-all. Your attorney should take time to understand your family dynamics, financial situation, and long-term wishes.During your consultation, notice whether the attorney:

- Listens carefully before offering advice

- Explains options clearly, without legal jargon

- Tailors recommendations to your circumstances

If you feel rushed or confused, keep looking.

3. Ask About Their Process and Fees

Estate planning should be a collaborative and transparent process. Before hiring an attorney, ask about:

- The planning process: How many meetings are involved? Who drafts and reviews the documents?

- Flat fees vs. hourly rates: Many estate planning attorneys offer flat-fee packages that include common documents such as wills, trusts, and powers of attorney.

- Ongoing support: Does the attorney help update your plan after life changes or law updates?

4. Check Communication and Accessibility

You want an attorney who is responsive and approachable. Estate planning often involves sensitive family matters, and you should feel comfortable reaching out with questions.Check how the office handles communication — do they offer phone, email, or text options? Are calls returned promptly? A caring, organized office can make all the difference.

5. Read Reviews and Ask for Referrals

Online reviews and client testimonials can reveal a lot about an attorney’s professionalism and client service. You can also ask trusted friends, financial advisors, or other professionals for referrals.Look for consistent themes — such as clarity, patience, and attention to detail — that signal a trustworthy attorney.

6. Choose Someone You Feel Comfortable With

Estate planning is personal. You’ll be sharing information about your assets, family, and future wishes. The right attorney will make you feel at ease, respected, and confident that your plan reflects your intentions.

Conclusion

A well-chosen estate planning attorney can help you protect your loved ones and avoid unnecessary stress in the future.If you’re ready to start your plan or review an existing one, contact Bart Scovill, PLC for guidance tailored to your family’s needs. Our firm is focused on Florida wills, trusts, and probate and provides friendly, individualized service at fair rates.

Disclaimer:This article is for general informational purposes only and is not intended as legal advice. Reading this article does not create an attorney-client relationship. Estate planning laws vary based on individual circumstances, and you should consult with a qualified Florida attorney regarding your specific situation before taking any action. https://scovills.com/?p=3400

Bart@Scovills.com (Bart Scovill) — Wed, 28 Jan 2026 09:22:59 -0500

New Video Posted! https://youtu.be/2GBw8PLhhcc?si=VtyvQNhWEH9Qml7L