Ryan M. Mynard, Attorney at Law, P.A. Ryan M. Mynard, Attorney at Law, P.A.2026-06-29T11:00:27Zhttps://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[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.]]>On Behalf of Ryan M. Mynard, Attorney at Law, P.A.<![CDATA[What should every family know about guardianship in Florida?]]>https://www.crestviewlawfirm.com/?p=511262026-05-01T19:44:39Z2026-05-01T19:44:39Z phone call about a parent’s fall or a loved one’s worsening dementia can trigger the need for an important conversation. In Florida, guardianship can become the tool that protects a vulnerable person when decision-making capacity becomes uncertain, when safety becomes urgent or when money becomes a target.
What guardianship means in Florida
Guardianship is a court-supervised relationship in which a judge appoints a guardian to make decisions for another person, called the ward. Florida courts treat guardianship as a last resort because it can remove important rights. Courts often prefer less restrictive options, including powers of attorney, health care surrogate designations, trusts or representative payee arrangements if possible.
When guardianship may be necessary
Guardianship is commonly considered when there is a gap between a person’s needs and the legal authority required to meet them. Examples include an adult with Alzheimer’s who can no longer manage medications, an adult with developmental disabilities who needs ongoing support after age 18 or a minor who receives a lawsuit settlement requiring court oversight.Below are situations that often trigger a guardianship filing.
No valid power of attorney, no reliable agent available
Medical decisions needed, capacity questioned, family conflict
These circumstances tend to involve risk, urgency and disagreement. They also tend to involve institutions that require clear legal authority, including banks, hospitals and long-term care facilities.
How to move forward with guardianship
Any adult can file a petition with the court to request guardianship. Once filed, the court will review the individual to determine incapacity. This begins with a review by a committee that includes a psychiatrist and physician as well as other mental health experts and healthcare professionals. The review includes a physical and mental health exam as well as functional assessment. If the majority of the committee members find the individual incapacitated, the court schedules a hearing to appoint a guardian. Guardianship in Florida can provide a safety net when life becomes unmanageable for a loved one. It also comes with paperwork and court oversight. The best next step is careful planning, candid family discussion and legal guidance focused on the least restrictive solution that still protects the person at the center of the case.]]>On Behalf of Ryan M. Mynard, Attorney at Law, P.A.<![CDATA[What makes an irrevocable trust different from a living trust?]]>https://www.crestviewlawfirm.com/?p=511252026-04-15T12:09:58Z2026-04-15T12:09:58ZIrrevocable trusts are usually unchangeable
As the name implies, an irrevocable trust is not subject to revocation or modification after its creation. Any attempt to change an irrevocable trust must pass through court or may involve the creation of a new trust as part of a process known as trust decanting.
On the other hand, revocable living trusts allow for continued updates, including the addition or removal of beneficiaries or the addition of new assets to fund the trust. Irrevocable trusts generally require careful planning because trustors cannot modify them after establishing them.
Irrevocable trusts require outside trustees
Many people establishing revocable living trusts specifically choose to act as the initial trustee. They also nominate successor trustees to assume their responsibilities when they die or become incapacitated. Irrevocable trusts generally require the immediate appointment of an outside trustee. This creates a degree of separation that helps protect trust resources.
As a closing note, irrevocable trusts generally tend to offer better protection to critical resources. They limit the likelihood of creditors or other parties successfully laying claim to trust assets during litigation or collection efforts. Irrevocable trusts can protect people as they apply for Medicaid long-term care benefits and may also diminish the risk of federal estate taxes after a person dies.
Understanding the unique characteristics of irrevocable trusts can help people determine if these powerful legal tools are right for their estate planning needs. An irrevocable trust can be beneficial for people in a variety of circumstances, and the protection and peace of mind it may offer could more than balance the effort of creating it.]]>On Behalf of Ryan M. Mynard, Attorney at Law, P.A.<![CDATA[How the Florida probate process is officially started]]>https://www.crestviewlawfirm.com/?p=511242026-04-13T14:02:07Z2026-04-13T14:00:30Zthe legal process is a vital part of honoring your loved one’s final wishes.
Starting the probate process begins with the will
Probate begins when an authorized person takes formal action with the court:
Presenting the will: If there is a will, the named executor must present it to the probate court.
Filing a petition: An interested party must prepare and file a "petition for probate" or a "petition for letters of administration." This typically happens within one to four months after the death.
Filing the death certificate: You must notify relevant institutions and the court of the death, usually by providing a copy of the death certificate.
Identifying heirs: The petitioner (the person starting the process) must identify all beneficiaries, heirs and interested parties and provide their contact information to the court.
If your loved one passed away without a valid will, the process follows Florida’s intestacy laws to determine the rightful heirs. In these cases, the court appoints an administrator to oversee the estate and ensure that property is distributed according to state statutes rather than a personal document.
It does not automatically start after someone passes away
Many families in Florida mistakenly believe that the court system monitors death records and initiates probate on its own. In reality, the legal process remains dormant until an interested party or a named executor actively files the necessary paperwork with the clerk of court.
Delaying this filing can lead to complications, such as frozen bank accounts, unpaid property taxes or disputes over real estate. By proactively petitioning the court, you gain the legal authority required to manage the estate’s assets and resolve any outstanding debts.]]>On Behalf of Ryan M. Mynard, Attorney at Law, P.A.<![CDATA[What to do to protect your business from sudden incapacity]]>https://www.crestviewlawfirm.com/?p=511222026-03-24T10:48:48Z2026-03-24T10:48:48ZUsing precise language in DPOAs
Creating a Durable Power of Attorney (DPOA) grants your assigned agent the power to manage your financial affairs. However, simply stating that your agent has all powers is legally insufficient for high-stakes decisions. Under Florida law, certain authorities are only valid if you specifically list them and physically sign or initial next to each superpower.
Choosing a specialized agent
While a DPOA can offer peace of mind, one of its risks is that it becomes effective the moment it is signed. This means your agent has the legal authority to act on your behalf in business operations and transactions, even while you are perfectly healthy. This makes the selection of an agent and the physical safekeeping of the original document paramount.
With that said, your chosen agent should be someone you trust to act according to your best interests. Additionally, they must also be knowledgeable about the nature of your business.
Protecting your life’s work
If you have not done so already, take this opportunity to draft a DPOA. While templates are available online, handling this matter alone can be risky. Seeking legal guidance can help you ensure that your documents align with current Florida statutes and your specific business structure.]]>On Behalf of Ryan M. Mynard, Attorney at Law, P.A.<![CDATA[What documents should families gather for probate]]>https://www.crestviewlawfirm.com/?p=511182026-03-04T16:14:04Z2026-03-04T16:14:04ZDeath certificates to prove passing
The court requires a certified copy of the death certificate to start the probate case. While you only need to file one certificate, you might want to order at least five certified copies from the funeral home.
Banks, insurance companies and government offices usually ask for original certificates, not photocopies.
The original will showing final wishes
Find the original will with signatures, not just copies. Check safes, safe deposit boxes or with your loved one’s lawyer.
Moreover, make sure to get the latest or final version of the will. Any codicils or changes to the will are important too.
Without the original will, the court might follow state law instead of your loved one's wishes.
Statements for complete financial snapshot
Gather all financial documents showing what your loved one owned at death:
Bank accounts including checking, savings and certificates of deposit
Investment accounts such as brokerage statements, stock certificates and bonds
Retirement accounts including IRAs, 401(k)s and pension information
Digital assets like cryptocurrency holdings or valuable online accounts
Business ownership documents for any companies or partnerships
Recent tax returns which often reveal additional assets
These documents help the personal representative create the estate inventory required by Florida probate courts.
Property deeds to confirm real estate ownership
Collect property deeds, especially for Florida real estate which usually goes through probate. Get mortgage statements to show any home loans. Don't forget vehicle titles for cars, boats or RVs.
Debt information to avoid surprise bills
Gather credit card statements, medical bills, loans and other debts. The person handling the estate must notify creditors during probate. Knowing about debts early prevents surprises later.
Organizing now brings peace later
Talking with aging parents about where they keep important documents prevents frantic searching after death. The better organized these papers are now, the smoother probate will go. More importantly, this level of organization allows you and your family to focus on healing instead of paperwork during this difficult time.]]>