Ryan M. Mynard, Attorney at Law, P.A. Ryan M. Mynard, Attorney at Law, P.A.2026-08-31T10:10:33Zhttps://www.crestviewlawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1504795/2025/11/cropped-Ryan_site_icon-32x32.pngOn Behalf of Ryan M. Mynard, Attorney at Law, P.A.<![CDATA[What if you cannot find the original will in Florida?]]>https://www.crestviewlawfirm.com/?p=511512026-08-31T10:10:33Z2026-08-31T10:10:33ZWhen a loved one passes away, finding their will should bring a measure of calm. So it feels unsettling when the family searches and comes up empty. In Florida, a missing original does not end the matter, and the court may still honor your loved one's wishes. Knowing what the law allows can turn an anxious moment into a clear set of next steps. It helps to start where most families do, with a careful search.
Searching for the original will
Before anything else, look where people commonly keep important papers: a home safe, a safe-deposit box or files kept with a financial advisor or the attorney who drafted the document. Florida law also asks whoever holds a will to deposit it with the clerk of the circuit court within 10 days of learning of the death, so the clerk's office in your loved one's county is worth a call. Finding the original clears the path forward.
Using a copy when the original is missing
Sometimes the search turns up a photocopy, a scanned file or a signed duplicate instead of the original. A copy can still matter. Florida courts may treat a reliable copy as evidence of what the will actually said, though a copy alone does not guarantee the court will admit it. Judges look closely at how trustworthy the copy is and whether it reflects the final, signed version.
Addressing the presumption that the will was revoked
Here is where many families feel stuck. When your loved one last kept the original and no one can find it, Florida law generally presumes the testator destroyed it on purpose to revoke it. You can overcome that presumption, but the burden falls on whoever wants the will admitted. Testimony about the testator's intentions or proof that your loved one stored the will elsewhere can help rebut it.
Proving the contents of a lost will
Even after clearing that presumption, you still have to show what the will said. Florida sets a specific evidentiary bar for a lost will: the law requires two disinterested witnesses to prove the content, or one witness when a correct copy exists. A disinterested witness gains nothing under the will, which keeps the proof credible.
Asking the probate court to establish the will
To move ahead, an interested person, often a beneficiary or the named personal representative, petitions the court to establish the lost will and admit it. This request usually becomes part of formal probate administration, the court-supervised process for settling an estate. Notice generally must reach anyone who would inherit if the court set the will aside, giving them a chance to respond.
Preparing for probate if the will cannot be proved
If the court cannot establish the will, Florida's intestacy laws step in and decide who inherits based on family relationships, which may differ from what your loved one intended. That result is not the only outcome, and it is far from certain at the start.The most useful step is to gather every version of the will you can find, note who last saw the original and where, then speak with a Florida probate attorney early. Acting sooner protects your loved one's wishes and your own peace of mind during a hard season.]]>On Behalf of Ryan M. Mynard, Attorney at Law, P.A.<![CDATA[What assets should not be in a revocable trust?]]>https://www.crestviewlawfirm.com/?p=511502026-08-17T13:49:29Z2026-08-17T13:49:29ZTax-deferred retirement funds
An IRA, 401(k) or 403(b) generally should not be retitled to your trust during your lifetime. Removing funds to transfer them could create taxable income and, in some cases, an additional tax on an early distribution. Instead, you can name individuals or, when appropriate, a carefully drafted trust as beneficiaries.
Medical savings accounts
Federal tax rules may require an individual to own a health savings account. As a result, your revocable trust cannot own the HSA while you are alive. You may name a beneficiary, but the recipient’s identity often determines how federal tax law treats the balance after your death.
Homestead requiring close review
Your primary residence is not automatically excluded. Nonetheless, its deed and trust language must preserve the rights tied to the property. In Florida, state law generally limits how a homestead passes if you leave a spouse or minor child behind. Poor drafting could conflict with those restrictions or jeopardize certain homestead protections.
Entireties property
Married couples often own certain assets as tenants by the entirety, which can shield them from a creditor of only one spouse. Moving jointly held property into one spouse’s separate trust could end that protection. An attorney may evaluate whether a joint trust or another ownership structure may preserve the couple’s intended treatment.
Personal vehicles
Retitling a car is possible, but it can add insurance, lender or registration complications. Florida also generally allows simplified transfers in some estates, so trust ownership may offer little practical benefit.
Why careful funding can protect your larger plan
An effective plan often places each possession where it works best instead of forcing everything under one document. Beneficiary designations, marital ownership and tailored deed language can work alongside the trust while reducing unintended costs.
An estate-planning attorney may review account agreements, family circumstances and transfer documents before you change any title. That legal guidance can align the structure with your wishes and reduce the risk that a well-intended choice creates difficulties for those you care about.]]>On Behalf of Ryan M. Mynard, Attorney at Law, P.A.<![CDATA[What to look for in a personal representative in Florida]]>https://www.crestviewlawfirm.com/?p=511472026-07-27T13:54:30Z2026-07-27T13:54:30ZLegal requirements in Florida
Florida has eligibility requirements for personal representatives. The state prohibits certain people from taking on duties related to estate management. Your choice cannot manage your estate if they don't meet all of the criteria below.
They are 18 years of age or older
Their criminal record is free of any felony convictions
They are of sound mind and body, able to carry out duties of the estate
Florida residents who meet these rules can serve. However, people living out of state must be a "close relative" to qualify. Only these specific relatives can serve from out of state:
Spouse
Parent
Child (biological or legally adopted)
Sibling
Niece/Nephew
Aunt/Uncle
Direct ancestors or descendants (such as grandparents or grandchildren)
A spouse of someone qualified as the above
Certain companies can also serve as a “corporate” personal representative. This may be a good choice for complex estates or when there is major family conflict. Authorized trust companies can act as a representative on your behalf.
Ideal traits
The personal representative role often involves handling complex legal matters and financial duties. You should look for specific traits when choosing your candidate. Here are some qualities you will want in your representative:
Financial literacy: Your representative will handle money matters related to your estate. A representative who has an understanding of matters such as taxes, debts and accounts can reliably handle your assets.
Willing and available: As estate management can frequently be a time-consuming endeavor, availability should be a top priority. A personal representative needs to be willing and able to sort out estate matters.
Diplomacy and communication: Someone who can resolve complex legal matters or family disputes is likely to be a good representative for you.
Estate planning is a multi-year, almost lifelong commitment. There are many factors to consider when selecting a representative that best matches your needs. Fortunately, legal assistance can help you streamline estate planning and management of your future.]]>On Behalf of Ryan M. Mynard, Attorney at Law, P.A.<![CDATA[3 estate planning must-haves in Florida]]>https://www.crestviewlawfirm.com/?p=511442026-07-20T11:35:25Z2026-07-20T11:35:25ZWill
A last will and testament is the foundation of an estate plan. It allows you to decide how you want your assets to be inherited by your loved ones upon your passing and appoint a personal representative to manage your estate.
A will also let parents with minor children to name a guardian for them if the parents can no longer provide care or pass away. This is one of the most vital reasons to have a valid will in place, since it allows parents to express their preferences rather than leaving such a critical decision to the court.
Durable power of attorney
A durable power of attorney (DPOA) lets you name someone you trust to handle your financial and legal matters if you become incapacitated or incapable of managing your own affairs in the future.
In Florida, POAs must meet specific legal requirements to be valid. For instance, a DPOA can give your “agent” the authority to pay your bills, manage your bank accounts and handle your real estate transactions. Without it, your family may have to seek court intervention to assist you.
Healthcare surrogate designation and living will
Medical planning is just as important as financial planning. In Florida, a healthcare surrogate designation names a person authorized to make healthcare decisions for you if you are unable to communicate your wishes. A living will lets you state your preferences about life-prolonging treatment in end-of-life situations.
Together, these documents can ensure that your medical wishes are known and that a trusted person can communicate your directives with your doctors and family members. They can also reduce uncertainty and conflict during challenging times.
Protecting what matters most
Estate planning is not just for the wealthy or older adults. Having these legal documents in place early can give you peace of mind and help protect the people you care about the most. Whether you are just getting started with estate planning or reviewing an existing plan, collaborating with a lawyer can ensure your documents comply with state law requirements and align with your needs and long-term goals.]]>On Behalf of Ryan M. Mynard, Attorney at Law, P.A.<![CDATA[Can you have more than one power of attorney in Florida?]]>https://www.crestviewlawfirm.com/?p=511452026-07-20T11:39:30Z2026-07-20T11:30:48Z might assume that you can appoint only one person to manage your affairs through a power of attorney. Florida law, however, may give you more flexibility. Depending on how you draft the document, you could name more than one person to serve in different roles or at different times. Choosing the right approach may help your estate plan reflect your family relationships, financial needs and long term goals.
A thoughtful plan could also reduce confusion if someone needs to act on your behalf during an illness, injury or another unexpected event.
How can more than one agent serve under a power of attorney?
Florida law may allow you to appoint more than one agent in several ways. Under the Florida Power of Attorney Act, you may name successor agents who can step in if your first choice cannot serve. You may also appoint co agents if your power of attorney clearly authorizes that arrangement.Depending on your circumstances, you might choose to:
Appoint co agents to make financial decisions together.
Give different agents authority over separate responsibilities, such as managing business interests or handling personal finances.
Name one or more successor agents who may step in if your primary agent resigns, becomes unavailable or cannot continue serving.
Each option may offer advantages when your document clearly defines each person's role and authority.
What are the benefits and challenges of naming co agents?
Naming co agents may provide additional support and oversight. More than one trusted person could share responsibilities, offer different perspectives and help oversee important financial decisions.At the same time, co agents may face practical challenges. Disagreements could delay decisions if both agents must approve the same transaction. Family dynamics or different decision making styles may also make coordination more difficult.Carefully choosing people who communicate well and work together effectively may help reduce these concerns while keeping your affairs organized.
How can you create a plan that fits your needs?
Your power of attorney should reflect your current circumstances instead of relying on assumptions about what may work for someone else. As your family, finances or personal priorities change, your estate plan may also benefit from regular reviews.Clear language may help reduce confusion when your document:
Defines each agent's authority.
Explains when a successor agent may take over.
Describes any limits on an agent's powers.
These details could give your chosen agents clearer direction while helping them carry out your wishes with greater confidence.
Keep your wishes at the center of your plan
A power of attorney may do more than name someone to act on your behalf. It could also create a framework that reflects your relationships, financial situation and long term goals. Reviewing your estate planning documents from time to time may help ensure your chosen agents, their responsibilities and your overall plan continue to reflect your wishes while remaining consistent with current Florida law.]]>On Behalf of Ryan M. Mynard, Attorney at Law, P.A.<![CDATA[3 obstacles that make it hard to discuss your will with family]]>https://www.crestviewlawfirm.com/?p=511432026-06-29T11:00:27Z2026-06-29T11:00:27ZFearing conflict with loved ones
Many people avoid talking about their will because they fear family conflict. You may worry that your decisions about your assets will upset someone. For example, you may leave different amounts to your children or give a meaningful item to one person instead of another.
Discussing your belongings and their intended recipients with loved ones can stir strong emotions. Your family members may feel hurt or question your decisions, and the fear of conflict may prevent you from having these conversations. However, staying silent can create even more misunderstandings later. Talking about your plans helps your family understand your wishes.
Experiencing discomfort with your mortality
Talking about your will often means acknowledging your own mortality, which can be uncomfortable. Discussing your plans also asks your family to face that reality. Because of this, many people avoid talking about death or making detailed plans about a future without them.
Your family may feel uncomfortable too. Your spouse or children may not want to imagine life without you. Talking about your will may make them think about your death, so they may quickly change the subject. As a result, many families may put off the conversation.
Feeling uncertain about "the right time"
Even if you know discussing your will with family members is important, you may not know when or how to start the conversation. There rarely feels like a perfect time. Should you bring it up during a holiday gathering, schedule a family meeting or talk to each person one-on-one?
Questions about timing and details can make you delay the conversation. You may wonder how much to share or whether your plans are final. If you expect to make changes later, you may decide to wait. Unfortunately, that decision can lead to even more delays.
Open communication can provide your family with guidance
Talking about your will may not be easy, but having the conversation now can help your family understand your wishes. Honest and compassionate discussions can reduce confusion and make it easier for your loved ones to carry out your plans for the future when the time comes.]]>On Behalf of Ryan M. Mynard, Attorney at Law, P.A.<![CDATA[What exactly does a will do?]]>https://www.crestviewlawfirm.com/?p=511422026-06-23T18:58:02Z2026-06-23T18:58:01Z have probably heard of a will. For many, having a will means you have an estate plan. Afterall, it covers everything you need, right? For some, this may be true but others may want additional estate planning tools to meet their goals. The following will provide clarity on what exactly a will can, and cannot, do for you.
What can a will accomplish?
A will is primarily a distribution tool. It allows you to name beneficiaries for assets that are part of your probate estate and to appoint key decision makers. Key roles of the will include:
Name an executor (personal representative) to manage the estate administration process
Direct who receives probate assets such as individually owned bank accounts, personal property and real estate titled solely in your name
Create basic testamentary trusts for minors or other beneficiaries, including setting terms for distributions
These powers make a will an essential foundation for many plans, especially for parents of young children and individuals who want clear instructions for personal property and probate assets.
What a will cannot accomplish
A will is not a universal override for every asset or every legal issue. It only controls property that is subject to probate and it cannot rewrite contracts or beneficiary designations. With that context, here are common limitations that surprise people.
Control assets with named beneficiaries, such as life insurance, retirement accounts and many payable-on-death accounts. Distribution goes to the individual listed as the beneficiary on the account.
Override jointly owned property with rights of survivorship, which typically passes automatically to the surviving owner.
Avoid probate on its own, since the probate process usually administers the will.
Eliminate estate taxes or creditor claims by itself, although other planning tools may help.
Understanding these boundaries helps you avoid a false sense of security and encourages a more complete review of how your assets are titled and designated.A will can do a great deal: it can appoint an executor, protect minor children through guardian nominations and direct the distribution of probate assets. It also has clear limits, particularly for beneficiary-designated and jointly owned assets. For most, it is best to treat a will as a central piece of a broader plan, reviewed periodically and aligned with how accounts and property are actually set up.]]>On Behalf of Ryan M. Mynard, Attorney at Law, P.A.<![CDATA[Why older parents still need an estate plan]]>https://www.crestviewlawfirm.com/?p=511412026-06-08T08:01:55Z2026-06-08T08:01:55ZOften, parents assume that once their children reach adulthood, estate planning becomes less important. After all, adult children can make their own decisions and may no longer depend on their parents for daily support. However, estate planning serves a much broader purpose than caring for minor children. Understanding how a plan plays a vital role in maintaining control over important decisions can help older parents appreciate its long-term value.
Estate planning remains important throughout life
Estate planning can help reflect your needs and circumstances as they change over time, while offering direction for you and your loved ones as life evolves. For older parents, a thoughtful plan can address retirement assets, future care considerations and family dynamics. Planning with these considerations in mind can help reduce avoidable stress during important moments.
Estate planning tools that become more valuable with age
A durable power of attorney can help avoid financial disruptions
Many people assume that a spouse or adult child can automatically step in to manage finances if they become ill. In reality, financial institutions often require legal authority before allowing someone to act on another person's behalf. A durable power of attorney can help so that a trusted individual can pay bills, manage investments and address other financial matters if you become unable to do so yourself.
Health care directives can reduce uncertainty during medical emergencies
Medical situations can happen without warning. A health care directive allows you to communicate your treatment preferences and appoint someone to make medical decisions if you cannot speak for yourself.
Trusts may help simplify asset management and protect loved ones
Trusts can provide benefits that extend beyond the distribution of property after death. Depending on your circumstances, a trust may help manage assets if your health declines, provide structured financial support for beneficiaries or simplify the transfer of property. Trusts may also be useful for families with unique planning goals or concerns.
Beneficiary designations can determine where important assets go
Many people do not realize that retirement accounts, life insurance policies and certain financial accounts often pass directly to named beneficiaries, regardless of what a will says. Regular reviews can help ensure that these designations align with your overall estate plan and reflect your current wishes.Together, these tools can help create a more complete estate plan that protects your interests and provides guidance when your family needs it most.
A plan that grows with your family’s needs
Even if your children are adults, an estate plan remains an important way to protect your legacy and prepare for the future. Every family has unique needs and goals. An experienced estate planning attorney can help you create or update a plan and provide personalized guidance for the years ahead.]]>On Behalf of Ryan M. Mynard, Attorney at Law, P.A.<![CDATA[Can a living trust help you skip ancillary probate in Florida?]]>https://www.crestviewlawfirm.com/?p=511382026-06-04T14:53:34Z2026-06-04T14:53:34ZOwning property in Florida while living in another state feels like a dream for many families. That is, until the estate planning side of things comes into the picture. When an out-of-state property owner passes away, Florida may require a separate legal process called ancillary probate before their property can transfer to heirs.
Many families find out about this requirement too late, after the process has already begun eating into the estate's time and money. The good news is that a living trust may offer a way to sidestep this process entirely.
Why Florida property triggers ancillary probate
Ancillary probate catches many families off guard. This is true for those who assumed an out-of-state will would be enough to transfer Florida property, so keep these points in mind:
How ancillary probate works: When a non-Florida resident dies owning property in the state, Florida courts may require a separate probate proceeding to address that property before it can pass to heirs.
What types of property trigger it: Real estate and certain other assets titled solely in the deceased's name typically require ancillary probate in Florida.
The time and cost involved: Ancillary probate can add months or even years to the estate settlement process and may carry significant court costs and attorney fees.
How it affects out-of-state heirs: Heirs living outside Florida may find themselves navigating an unfamiliar court system while simultaneously dealing with the primary probate in their home state.
Why a standard will does not help: A will must pass through probate before it takes effect, meaning it offers no protection against triggering ancillary probate in Florida.
Understanding why ancillary probate happens makes it easier to appreciate why a living trust could be such a valuable planning tool.
How a living trust could help you bypass ancillary probate in Florida
Placing Florida property into a living trust before death may allow it to transfer directly to beneficiaries without going through the courts. Here are some elements to consider:
A living trust holds assets on behalf of the trust's beneficiaries, allowing those assets to pass outside of probate entirely
With a revocable living trust, you keep full control of your property during your lifetime and can make changes to the trust whenever your situation or wishes change
An irrevocable trust offers stronger protection but requires you to give up direct control of the property once it enters the trust
For the trust to work properly the Florida property must undergo retitling in the trust's name — simply creating the trust without transferring the deed is not enough
Getting these details right during the planning stage is what makes the difference between a smooth transfer and a lengthy court process.Planning ahead with the right legal tools could spare your family from the added stress and expense of ancillary probate in Florida. Exploring your probate options now while there is still time to act could be one of the most valuable gifts you leave behind.]]>On Behalf of Ryan M. Mynard, Attorney at Law, P.A.<![CDATA[Should you consider a trust instead of a will?]]>https://www.crestviewlawfirm.com/?p=511292026-05-08T13:50:41Z2026-05-08T13:50:41ZPrivacy and probate avoidance
One significant benefit of establishing a trust is that it typically bypasses the probate process. When you pass away with only a will, your estate usually goes through probate. A public court process that can take months or even years to complete. During this time, your financial affairs become part of the public record for anyone to see.
With a trust, you can distribute your assets to your beneficiaries without court involvement. This means faster access to funds for your loved ones and complete privacy regarding your estate's details. You might find this particularly appealing if you value discretion or want to spare your family from a lengthy legal process during an already challenging time.
Flexibility and control
Trusts also provide you with greater control over the distribution of your assets. Unlike a will, which typically transfers everything at once after probate, a trust allows you to set specific conditions and timelines. For example, you could arrange for your children to receive their inheritance in stages as they reach certain ages or milestones.
Additionally, if you become incapacitated, a trust can continue operating seamlessly with your designated successor trustee managing your affairs. A will only takes effect after death, offering no protection if you are unable to manage your finances during your lifetime.
Is a trust right for you?
While trusts offer these compelling advantages, they do require more upfront effort and cost to establish compared to a simple will. You will need to transfer ownership of your assets into the trust and maintain proper documentation.
Your family situation, asset types and privacy concerns all play important roles in this decision. Taking time now to explore your options could provide significant benefits and peace of mind for both you and your loved ones.]]>