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Florida Probate & Estate Law

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.

Probate

The Restaurant That Disappeared: A Florida Probate Horror Story for Business Owners

This is a fictionalized scenario — but it mirrors situations that play out in Central Florida every year. When a business owner dies without a plan, the business often dies with them.

Title card: "Five Documents Orlando Families Actually Need"

Estate Planning

Why a Florida Will Alone Is Rarely Enough: The Five Documents Most Orlando Families Actually Need

Many Orlando families assume that signing a will is enough. In most cases it is not, and the cost of missing the other documents shows up at the worst possible time.

Estate Planning

The Beneficiary Designation Problem That Sends Money to the Wrong Person — And How to Fix It

Most people spend months thinking about their will and never look at the beneficiary designation forms on their retirement accounts and life insurance. Those forms control far more money — and they override everything else.

Tax

The $15 Million Exemption Is Here — But That Doesn't Mean You Can Stop Planning

Congress made the $15 million estate tax exemption permanent last year, and a lot of people think that means estate planning just got optional. It didn't — and here's why.

Estate Planning

What Is a Durable Power of Attorney — and Why Yours Might Already Be Outdated

If you signed a power of attorney more than a few years ago — or printed one off the internet — there is a real chance it will not work when your family needs it. Here's what you need to know.

Probate

Three Siblings, One House, Zero Plan: A Florida Probate Horror Story

This is a fictionalized story — but it is based on the kinds of situations probate attorneys in Central Florida see every year. The names are made up. The chaos is real.

Title card: "Probate Enforcement Against Banks"

Probate

The Quiet Half of Florida's 2026 Probate Reform: New Enforcement Powers Against Banks and Stonewallers

Florida's 2026 probate reform (CS/HB 1337, chapter 2026-57) creates a new Florida statute — § 733.6125 — giving personal representatives the legal tools to push back against financial institutions that stonewall valid estate administration. Effective July 1, 2026.

Title card: "The Florida Marriage Asset Protection You Already Have (But Probably Just Lost By Accident)"

Estate Planning

The Florida Marriage Asset Protection You Already Have (But Probably Just Lost By Accident)

Florida gives married couples a creditor-protection tool that almost no other state provides. It is called tenancy by the entireties, and most people accidentally undo it without ever knowing they had it. Here is what it is, why it matters in Orlando, and the simple paperwork moves that quietly throw it away.

Title card: "The Personal Representative Who Stopped Returning Calls: A $90,000 Cautionary Tale from Casselberry"

Probate

The Personal Representative Who Stopped Returning Calls: A $90,000 Cautionary Tale from Casselberry

The brother who volunteered to handle Mom's probate seemed like the obvious choice. He was the oldest, he lived closest, and he said it would be easy. Fourteen months later, his sisters had not heard from him, the house had been quietly listed, and the estate account had a balance neither of them recognized. This is what happened next.

Title card: "Pour-Over Will \& Florida Trusts"

Estate Planning

The Pour-Over Will: The Quiet Safety Net Behind Every Florida Trust

A pour-over will has one job: catch any asset that didn't make it into your revocable trust during your lifetime and direct it there at death. Without one, those assets pass under different rules — often the wrong ones.