Articles from Yergey & Yergey, P.A.
Practical guidance on Florida probate, estate planning, guardianship, and trust law — written by attorneys who practice it every day in Orange County and the surrounding circuits.
Estate Planning
The Florida Elective Share: Why a Second Marriage Can Override Your Will
You can disinherit almost anyone in Florida. You cannot easily disinherit a spouse. Section 732.2065 gives a surviving spouse thirty percent of the elective estate regardless of what your will provides — and in blended families, that is where carefully built plans come apart.
Estate Planning
Sending a Child to College? Three Legal Documents Every Florida Family Should Discuss
Once a student turns 18, parents may no longer have automatic authority to receive medical information or handle financial matters. Learn about three documents Florida families should discuss before college. Moving a child into a college dorm is a milestone filled with checklists. Families…
Estate Planning
Estate Tax Planning in Florida After the $15 Million Exclusion
A $15 million exclusion persuades a lot of people that estate tax planning is over. For families whose wealth is concentrated in a business, a medical practice, or Central Florida real estate that has appreciated for thirty years, it is not. Here is what still matters, and what the current rules actually say.
Estate Planning
Why Original Estate Planning Documents Should Not Be Carried Around Unnecessarily
When preparing for a hurricane, extended travel, a medical emergency, or even an ordinary appointment, it may seem sensible to place all of your important legal documents in a folder and take them with you. Having the right information available is important—but that does not necessarily mean…
Probate
Affidavit of Heirship in Florida: What It Actually Is, and What It Cannot Do
Search "affidavit of heirship" and you will find a great deal of confident writing that describes a Texas procedure and attaches a Florida label to it. Florida uses two very different instruments, and confusing them costs families months.
Estate Planning
What Is a Personal Representative, and Why Is Choosing One Important?
What Is a Personal Representative, and Why Is Choosing One Important? When creating an estate plan, deciding who should receive your property is only part of the process. You should also consider who will be responsible for carrying out your wishes after your death. In Florida, that person is…
Mediation
When Mediation Goes Wrong: Common Mistakes Families Make in Florida Probate and Trust Disputes
Mediation can be one of the most effective ways to resolve probate and trust disputes without the cost and stress of a full courtroom battle — but only when families go in prepared. Too often, well-meaning people walk into mediation sessions making assumptions that end up costing them time, money…
Probate
Can You Sell a House Before Probate Closes in Florida? What Orlando Families Should Know
Often, yes — a Florida personal representative can sell estate real property before the probate is fully closed. Here is how the power to sell works, when court authority is needed, and what happens to the money.
Estate Planning
Florida Estate Planning Questions Answered: What You Actually Need to Know
Most people have questions about estate planning long before they ever walk into an attorney's office — and that's completely normal. Whether you're wondering if a will is enough, what happens to your house when you're gone, or whether you even need a trust, these are exactly the kinds of…
Probate
Summary Administration in Florida: The Small-Estate Shortcut for Orange County Families
Not every Florida estate needs the full probate process. Summary administration is a faster, lighter path for smaller estates and older ones — here is how it works in Orange County.