The MTM Law Firm PLLC

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The MTM Law Firm PLLC focuses on Florida probate and estate planning, delivering strategic, compassionate guidance at cost-effective rates others often cannot match—so protecting your family and assets is accessible, practical, and within reach.

03/09/2026

Avoiding probate is important — but it is not the only objective of estate planning.

Overemphasis on probate avoidance can lead to mistakes like:

• Gifting property during life without considering capital gains

• Adding children to deeds, creating creditor exposure

• Overlooking tax basis planning

• Failing to coordinate with homestead restrictions

Probate is a process. It is not automatically a disaster.

In some cases, a streamlined probate may be more tax-efficient than aggressive lifetime transfers.

The better question is not “How do I avoid probate at all costs?”

The better question is, “What structure best protects my family, minimizes taxes, and preserves control?”
Strategy should drive structure — not fear.

Trusts are a great tool, to avoid probate but can be over engineered when not necessary

03/08/2026

LEGAL ZOOM AND ROCKET LEGAL

DO THEY WORK

Online templates promise simplicity.

But estate planning is highly fact-specific — especially in Florida, where homestead laws, elective share rights, and creditor protections are unique.

We routinely see issues such as:

• Improper ex*****on formalities (this can render a document unenforceable if it does not meet the technical requirements under statute)

• Self-proving affidavit errors (this means you need the witnesses to get involved to testify in court)

• Ambiguous distribution language (this can render a provision possibility void, relying on a petition for will construction being filed to determine the intent of a testator)

• Failure to address homestead restrictions (you could lose you protection from creditors and the homestead could be force sold by one)

• Conflicts between trust and beneficiary designations
Estate planning documents are rarely challenged while you are alive. ( it is very common to presume you know what you are getting, but a different outcome occurs through probate)

Probate is a stressful event that most people have not had to experience. It being an already difficult process, an estate planning document rife with issues can make the process even more difficult. Court intervention can test your emotions that are already high and insufficient documents can increase cost involved.

Precision matters.

Proper drafting today prevents litigation tomorrow.

03/07/2026

Many people hear the word “trust” and assume they all function the same.

They do not.

A revocable trust is primarily for probate avoidance and incapacity planning. You retain full control.

Because of that, the assets are still legally yours for creditor and Medicaid purposes.

An irrevocable trust is different.

You give up certain control — and that is precisely why it can provide benefits.

Common reasons someone may need an irrevocable trust:

• Asset protection from future creditors

• Medicaid planning (subject to the 5-year look-back period)

• Estate tax reduction for high-net-worth families

• Life insurance planning (ILIT) to keep proceeds outside the taxable estate

• Protecting assets for children from divorce or creditor exposure

• Special needs planning without jeopardizing benefits

An irrevocable trust is not for everyone. It requires careful timing, clarity of purpose, and a willingness to relinquish control.

But when used strategically, it can be one of the most powerful planning tools available.

03/06/2026

Florida law protects surviving spouses through the elective share statute.

Even if a will or trust leaves a spouse nothing, the spouse may claim 30% of the elective estate.

And the elective estate is broader than many assume.
It can include:

• Revocable trust assets

• Certain jointly owned property

• Beneficiary-designated assets

• Transfers made shortly before death

Attempting to disinherit a spouse without a valid prenuptial or postnuptial agreement often leads to litigation.

Estate planning for second marriages or blended families must be deliberate.

If you do not plan for the elective share, the statute will plan for you.

03/05/2026

A common misconception:

“I have a trust, so I avoid probate.”

Not necessarily.

A trust only controls assets that are properly titled in the name of the trust.

If real property, bank accounts, or brokerage accounts remain individually titled, they may still require probate administration.

Common issues we see:

• Deeds never transferred into the trust

• Newly purchased property left outside the trust

• Accounts opened after the trust was created

• Beneficiary designations inconsistent with trust provisions

A trust is a vehicle and and you have to put gas in the tank, that is what makes it operational.

Proper implementation matters as much as document drafting.

I have had to start probate for clients whose trust were never funded.

03/04/2026

Many families transfer real estate to children during life to “avoid probate.”

What they don’t realize is they may be creating a capital gains problem.

When property is inherited at death, the beneficiary generally receives a step-up in basis to the fair market value as of the date of death.

Example:

If a parent bought property for $100,000 and it is worth $500,000 at death:

• If the child inherited it, their tax basis becomes $500,000.

• If they sell it for $510,000, capital gains are minimal.

But if the parent deeds it to the child during life:

• The child receives the original $100,000 basis.

• A sale at $500,000 creates $400,000 in taxable gain.

That difference can mean tens of thousands in unnecessary taxes.

Estate planning is not just about avoiding probate — it’s about coordinating tax efficiency.

Sometimes the “simple fix” costs more than probate ever would.

03/03/2026

Many parents leave assets outright to adult children without restrictions.

While inherited assets are generally considered separate property, that protection can be lost through commingling.

Examples:

• Depositing inheritance into a joint marital account

• Using inherited funds to improve jointly owned real estate

• Transferring inherited assets into marital investments

Once commingled, tracing becomes difficult — and litigation becomes expensive.

A properly structured discretionary trust can:

• Shield from divorce claims

• Protect against creditor exposure

• Prevent poor financial decisions

• Preserve wealth for future generations

Estate planning is not simply distribution planning. It is asset preservation planning.

The difference is significant.

03/02/2026

Owning property in multiple states can significantly complicate estate administration.

If you own real property outside Florida, your estate may require:

• A Florida domiciliary probate (this may not be required the other way around)

• Separate ancillary probate proceedings in each additional state

Each state means:

• Separate court filings

• Separate statutory compliance

• Separate legal fees

• Separate delays

Many families only discover this after death.

Proper structuring — such as coordinated trust ownership or entity planning — can often eliminate ancillary administration entirely.

Estate planning must account for jurisdictional exposure, not just asset value.

03/01/2026

Parents often add one child to a bank account “just in case.”

But under Florida law, a joint account with rights of survivorship passes automatically to the surviving joint owner — in certain cases, regardless of what your will says.

That means:

• The surviving child may legally own 100% of the account

• Other children may receive nothing

• Litigation may follow over intent (an account of convenience of where the intent part comes in which leads to litigation)

If the parent intended the child to “just help pay bills,” survivorship language my not override that intent, depending on a number of factors.

Additionally:

• The joint owner’s creditors may have access

• Divorce exposure becomes possible

• Medicaid eligibility implications may arise

Convenience-based planning often creates permanent consequences or litigation.

Intent must be documented and structured properly — not assumed.

02/28/2026

Florida homestead protection is powerful — but it is also restrictive.

Unknown fact:

If you are survived by a spouse or minor child, you may not have the legal authority to devise your homestead freely.

Depending on the circumstances:

• The surviving spouse may receive a life estate

• The spouse may elect a ½ interest as tenant in common

• Minor children can restrict devise entirely

• Your will may be partially ineffective as to the homestead

This surprises many families.

Homestead is not just an exemption issue — it is a constitutional property right with forced heirship implications.

Improper planning can result in:

• Unintended life estates

• Partition actions between spouse and children

• Litigation over election rights

Homestead planning must be coordinated with trusts, titling, and marital strategy. It cannot be an afterthought. It can mess up everything if not done correctly and is a problem when moving from one stste to another and not having your estate planning document reviewed by a Florida attorney.

02/27/2026

Most people prepare a will. Fewer prepare a durable power of attorney. Almost no one prepares a Pre-Need Guardian Designation.

Under Florida law, you can formally designate who you want the court to appoint as your guardian if you ever become incapacitated.

Without this document, a guardianship court proceeding may determine:

• Who controls your finances

• Who makes medical decisions

• Where you live

• Who manages your property

Family members can — and often do — disagree. That disagreement becomes litigation.

A properly executed Pre-Need Guardian Designation carries significant statutory weight and is given strong preference by the court absent disqualification.

Estate planning is not just about transferring assets at death. It is about preserving autonomy while you are alive.

If incapacity occurs, you want clarity — not conflict.

This is of course different from what a durable power of attorney is meant to accomplish.

02/26/2026

Many Florida business owners focus on growth but neglect succession planning.

If a closely held business is the primary asset of the estate and the owner dies unexpectedly, the family may face:

• Probate delays

• Disputes among members or shareholders

• Valuation conflicts

• Lack of liquidity to pay expenses or taxes
Without a coordinated plan (buy-sell agreements, operating agreement provisions, or trust ownership strategy), surviving family members may be forced into litigation or fire-sale transactions.

Estate planning for business owners must address:

• Control transition

• Valuation mechanisms

• Liquidity planning

• Management continuity

If your estate plan does not integrate your business structure, it is incomplete. There way to give immediate access to successors without the need to go through probate.

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5121 South Lakeland Drive, Suite 2
Lakeland Highlands, FL
33813

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Tuesday 9am - 5pm
Wednesday 9am - 5pm
Thursday 9am - 5pm
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