Common Mistakes When Starting an LLC in Florida — And How to Avoid Them

Quick Summary: In Miami-Dade County, probate timelines typically range from 6–12 months for a straightforward case under formal administration, and can be much shorter (a few months) for small estates qualifying for summary administration. Complex estates, creditor claims, family disputes, and unresolved taxes can significantly extend the process. At Martin Berg Law , we guide clients through Florida’s probate procedures so they understand what to expect and how to avoid costly delays. Probate — the court-supervised process of settling a decedent’s affairs — varies widely in duration depending on the type of administration and the estate’s complexity. This post breaks down the timelines you’re likely to encounter in Miami-Dade probate court , explains the difference between formal and summary administration, and highlights common causes of delay. What Is Probate and Why the Timing Matters Probate is the legal process where a Personal Representative (formerly called an executor): Files the decedent’s will (if one exists) with the court Identifies and inventories assets Pays debts and taxes Distributes remaining property to heirs or beneficiaries under Florida law In Miami-Dade County , probate follows Florida probate procedures , which include statutory waiting periods and judicial oversight. While family members often hope for a quick resolution, the law builds in safeguards that naturally affect timing. Formal Administration: Typical Timeline (6–12+ Months) Most estates in Florida go through formal administration , which involves full probate under court supervision. Here’s a realistic timeline for this process: 1. Filing the Petition (Week 1–3) The Personal Representative files the initial probate petition with the Miami-Dade County court. Once filed, the court issues Letters of Administration — official authorization to act on behalf of the estate. 2. Notice to Creditors (Month 1–3) Florida law requires: Notice to creditors be published in a local newspaper Direct notice sent to known creditors Creditors have 3 months from the date of notice (or 30 days from receipt of direct notice) to file claims against the estate. This statutory waiting period is a key driver of the overall timeline. 3. Inventory and Appraisal (Month 3–6) The Personal Representative must inventory the estate’s assets and, if necessary, obtain professional valuations. This information is filed with the court. 4. Paying Debts, Taxes, and Expenses (Month 4–9) Debts — including funeral expenses, taxes, and valid creditor claims — must be paid before distributing assets. Resolving disputes over claims can add time.  5. Distribution and Final Accounting (Month 6–12+) Once debts and taxes are settled and the court approves the accounting, the estate can distribute assets and close. If no objections are filed, this final phase generally concludes within 6–12 months of filing. Bottom Line: For a typical formal administration case in Miami , expect 6–12+ months to complete probate if everything proceeds without major complications.

Quick Summary: When someone dies without a will in Florida — including in Miami-Dade County — their property passes according to Florida’s intestacy laws , not personal preference. Generally, that means spouses and children inherit first; if none exist, more distant relatives may inherit. At Martin Berg Law , we help families navigate this stressful process through the Miami-Dade probate court system with clarity and compassion. Losing a loved one is hard enough — dealing with legal confusion shouldn’t add to the burden. If a loved one died without a will (called intestate ), Florida law has specific rules about who inherits, how property is handled, and how the court oversees distribution. This article walks through what to expect, typical timelines, and common family issues that arise. For details on the probate process, visit our Probate page → To understand how a will could have changed the outcome, see our Wills & Trusts resource → What “Intestate” Means in Florida When someone dies without a legally valid will, they are said to have died intestate . Without a will to direct where assets go, Florida’s intestacy statutes determine the heirs and how the estate is distributed. These rules vary depending on who survives the decedent. Who Inherits Under Florida’s Intestacy Rules Florida’s intestacy laws follow a hierarchy of relatives — the closer the relationship, the higher the priority. 1. Surviving Spouse and Children If the decedent is survived by a spouse and children who are also the spouse’s children , the entire estate generally goes to the spouse . If the decedent is survived by a spouse and children from another relationship , the spouse and children share in the estate, often in specific fractions set by law. If there’s no spouse but there are children, the children inherit everything. 2. Surviving Parents If there’s no surviving spouse or children, parents inherit the estate. 3. Siblings and Further Relatives If no parents survive, the estate passes to siblings, then nieces/nephews, grandparents, aunts/uncles, and so on — advancing outward through family lines. 4. No Known Relatives If absolutely no relatives can be identified, the estate ultimately passes to the State of Florida through a process called escheatment . These statutory rules aim for fairness, but they don’t consider personal relationships, friendships, or charitable wishes — which a will would allow. The Role of Probate in Intestate Estates When someone dies intestate in Florida, most of their assets — such as bank accounts solely in their name, real estate, vehicles, and personal property — must go through probate . Probate is the legal process where the court: Validates what assets the decedent owned Appoints a personal representative (executor) Pays valid debts and taxes Distributes remaining assets according to Florida law In Miami-Dade probate court , this involves filing a petition, inventorying assets, notifying creditors and heirs, and following statutory procedures to conclude the estate. Probate for an intestate estate can take several months — often 6–12 months or more , depending on complexity, creditors’ claims, and whether family members contest any part of the process. Common Issues When There’s No Will Dying without a will can create confusion and conflict for families. Some common problems include: Unclear Expectations Family members may assume property will go to someone specific — like a longtime partner or stepchild — only to discover the law doesn’t recognize that relationship without a will. Blended Family Conflicts In blended families, the intestacy rules may divide property among biological children, leaving a surviving spouse or stepchildren surprised or dissatisfied with their share. Disputes Over Personal Representative When no will names an executor, the court chooses a personal representative , often a spouse or adult child. But disagreements can arise when family members want different people in that role. Property Liens and Debts If an estate has debts or mortgages, those must be settled before distribution. Without a will, some heirs may be unaware of liabilities until the probate process begins. Real Estate and Homestead Issues Florida homestead property (a primary residence) enjoys unique protections. A surviving spouse often retains homestead rights, but complicated situations — like children from prior relationships — can create legal wrinkles that the court must resolve. Timelines and What to Expect The timeline for an intestate estate in Florida depends on: The value and number of assets Whether creditors file claims Family agreements or disputes Court availability Typical milestones include: Filing the probate petition in Miami-Dade County Appointment of a personal representative Inventory and valuation of assets Notice to creditors and statutory waiting periods Payment of debts and taxes Distribution to heirs per intestacy law Closing the estate This process can span many months , and delays often occur when assets are difficult to locate, family members disagree, or creditors make claims. How a Will Changes the Situation If a will exists, the decedent’s wishes generally control distribution — within legal limits (for example, certain protections for spouses and minor children). A properly drafted will can: Name specific beneficiaries (including stepchildren or non-relatives) Appoint a trusted personal representative Minimize conflict among heirs Provide clarity on funeral or guardianship wishes To learn more about crafting an effective estate plan, review our Wills & Trusts page → Compassionate Legal Support Through Probate Facing probate after a loved one dies without a will is emotionally taxing and legally complex. At Martin Berg Law , we work with families in Miami and throughout Miami-Dade County to: Navigate the probate process Identify rightful heirs under Florida law Handle creditor and tax issues Resolve family disputes with sensitivity We understand that every estate — and every family — is unique, and we approach each case with professionalism and care. You Don’t Have to Do This Alone If a loved one has passed without a will, or if you’re planning for your own family’s future, contact Martin Berg Law for a compassionate consultation. We’ll guide you through the probate process and help ensure your loved one’s legacy is honored according to Florida law. 

Quick Summary: For most Florida families, a will is the essential foundation of an estate plan because it ensures your wishes are legally documented and guides how your assets are distributed after you’re gone. A trust is often added to avoid probate, provide privacy, and manage your estate more seamlessly — especially when dealing with real estate or blended families. At Martin Berg Law in Miami , we help families choose the right tools under Florida probate rules so their legacy is protected and their loved ones are cared for. Planning for the future can feel overwhelming, but understanding the core differences between wills and trusts — and how each works in Florida — is key to securing peace of mind. This guide breaks down what each does, how probate avoidance works, and special considerations like homestead property and blended family dynamics. What Is a Will? A Last Will and Testament is a legal document that tells Florida courts how you want your assets distributed after your death. It can also name: Guardians for minor children Personal representatives (executors) to administer your estate Specific gifts to family, friends, or charities Without a will — dying “intestate” — Florida law decides who inherits your property, which may not align with your wishes. Why Florida Families Need a Will Most adults benefit from having a will because: It establishes your wishes clearly It nominates guardians for minors It helps avoid confusion or disputes among family members However, a will does not avoid probate — the legal process where a court supervises distributing your estate. What Is a Trust? A trust — most commonly a revocable living trust — is a legal arrangement where you place your assets under the name of the trust while you’re alive, and then a trustee manages or distributes those assets after death or incapacity. Benefits of a Trust Avoids probate: Assets in a trust pass outside of probate court, often saving time and maintaining privacy. Continuity: A trustee can manage your finances if you become incapacitated. Flexibility: Trusts can contain instructions for complex family situations or property arrangements. While trusts can be powerful tools, they require active management (like transferring property into the trust while you’re living). Probate in Florida: Why It Matters Probate is the court-supervised process that validates a will and oversees distribution of assets. In Florida, this process can take months — sometimes over a year — especially for larger estates or ones with complicated assets. Wills: Assets passing under a will generally go through probate, which can: Take time Generate court costs and fees Make estate details part of a public record Trusts: Assets held in a properly funded trust bypass probate , providing: Faster distribution to beneficiaries Greater privacy Less court involvement At Martin Berg Law , we help Miami families evaluate whether a trust will meaningfully benefit their estate plan under Florida probate rules . Homestead Property: A Unique Florida Consideration Florida’s homestead laws provide strong protections for a primary residence — especially regarding taxes and creditor claims. But these protections also affect estate planning: Homestead property may pass automatically to a surviving spouse or minor children, even if your will says otherwise. Placing a homestead property into a trust requires careful planning to preserve homestead status and its benefits. Because of these nuances, many Florida residents choose a trust — particularly a revocable living trust — to manage homestead property effectively and avoid probate delays. Blended Families: Planning with Care Blended families often need more intentional planning. A traditional will might unintentionally disinherit stepchildren, or fail to balance goals like: Caring for a surviving spouse Preserving assets for children from a previous marriage Ensuring fairness and harmony after you’re gone Trusts can provide tailored solutions in blended family situations by: Providing lifetime support for a spouse Preserving principal for biological children Controlling how and when assets are distributed At Martin Berg Law , we work with blended families in Miami to ensure plans reflect your family’s unique needs. Common Misconceptions Let’s clear up a few myths: Myth: “Only wealthy people need a trust.” Truth: Many Florida families benefit from the privacy and probate avoidance a trust offers, even with moderate estates or real estate holdings. Myth: “A will and a trust are the same.” Truth: A will goes through probate; a trust can bypass probate and offers additional control over how assets are managed and distributed. Myth: “If I have a trust, I don’t need a will.” Truth: Most trusts are paired with a “pour-over will” to catch any assets not formally funded into the trust during life. Which Should You Choose? Every adult should have a will to express their final wishes and nominate guardians for minor children. A trust may be right for you if you own property (especially real estate), want to avoid probate, or have a blended family or complex estate. At Martin Berg Law , we help Miami families make this decision based on their circumstances, not a one-size-fits-all approach. Ready to Plan Your Legacy? Planning your estate is one of the most meaningful steps you can take for your loved ones. Whether you need a will, a trust, or a full estate plan tailored to your family, schedule an estate planning consultation with Martin Berg Law today . Our Miami estate planning attorneys are here to help you protect your legacy with clarity and confidence.

Quick Summary: Under Florida law, child support and alimony orders can be modified when there’s a substantial change in circumstances — like a significant income shift, job loss, remarriage, or changes in a child’s needs. In Miami and throughout Florida, family courts require clear proof that a change makes the current support order unfair or no longer works for the parties involved. At Martin Berg Law , we help families understand these requirements and navigate modifications through the Florida family court process. Support orders aren’t always permanent. As life changes — new jobs, income loss, remarriage, or a child’s evolving needs — previously entered child support or alimony obligations may no longer be appropriate. If you’re wondering whether you can ask a Florida court to revisit your support order, this guide explains when modifications are possible and how the process works. For an in-depth look at the support services we provide, visit our Child Support & Alimony page → When Is a Modification Allowed? In Florida, both child support and alimony can be modified if a substantial change in circumstances affects the fairness or feasibility of the existing order. A court won’t modify orders just because you want a change — there must be a significant shift since the original judgment. Common Situations That Allow Modification 1. Significant Income Change If either party experiences a dramatic increase or decrease in income, the court may consider a modification. Examples include: A parent earning significantly more due to a promotion or new job A parent losing income due to demotion, reduced hours, or business downturn The key question is whether the income change meaningfully affects the ability to pay support or the support needed for the recipient. 2. Job Loss or Disability Unemployment isn’t automatically a basis for modification, but if job loss is involuntary and long-term — or if a parent becomes disabled and can’t work — the court can adjust support to match current financial reality. Documentation (like a termination letter or medical records) is critical. 3. Remarriage or Changes in Household For alimony , remarriage of the recipient often triggers modification. Many support orders include language stating alimony ends if the recipient marries. A new spouse’s income may also factor into whether support is appropriate. For child support , remarriage typically doesn’t end obligations, but a stepparent’s income could affect financial calculations in some limited contexts (like shared household costs), depending on circumstances. 4. Changes in a Child’s Needs Child support orders are based in part on the child’s needs (healthcare, child care, education). If: A child develops a significant medical condition Childcare costs rise A child’s educational needs change … then the parent paying or receiving support may request an adjustment. 5. Custody (Time-Sharing) Changes In Florida, child support calculations assume certain time-sharing arrangements. If custody or time-sharing changes significantly — say a child spends substantially more time with one parent — this can affect the amount of support owed. 6. Enforcement Issues In some cases, modification isn’t about ability to pay — it’s about enforcing what’s already ordered. If a parent isn’t paying as required, courts don’t modify support; they enforce the existing order through actions like wage garnishment, contempt proceedings, or interception of tax refunds. How the Miami / Florida Family Courts View Modifications When a support modification request is filed, the family courts in Miami-Dade County assess: Whether the change in circumstances is substantial and unanticipated Whether the change occurred after the original order Whether modifying support is in the best interests of the child (for child support) Judges rely on financial affidavits, pay records, tax documents, and other evidence to determine whether the change justifies adjusting support. Common Mistakes People Make Here are frequent errors that can hurt a modification request — or even prompt denial: Asking for a modification prematurely Support orders require time and documented change. Asking too soon, without clear evidence of change over time, often fails. Not providing thorough documentation Florida courts require detailed proof — pay stubs, tax returns, medical records, proof of unemployment, and documentation of child-related expenses. Ignoring existing court language Some support orders contain language about when support may change (e.g., termination at a certain age or upon remarriage). It’s important to know what your order already says. Trying to handle the process alone Modification isn’t automatic. A formal motion must be filed, served, and argued in court — often with financial disclosures and legal reasoning. Trying to navigate this process without an attorney can reduce your chances of a favorable outcome. How Martin Berg Law Can Help Modifying child support or alimony under Florida law involves technical legal steps, detailed financial disclosure, and persuasive advocacy in Miami family courts. At Martin Berg Law, we help clients: Evaluate whether a change in circumstance qualifies for modification Prepare and file motions correctly Present the strongest evidence to support the request Avoid procedural and substantive errors that could jeopardize the outcome Whether you’re seeking to reduce support after a job loss or need to enforce an existing order, having experienced legal guidance is invaluable. Ready to Discuss Your Case? If you’re considering a support modification — or if your current financial situation has changed — it’s important to act with clarity and confidence. Speak with a Miami family law attorney at Martin Berg Law today to review your options and plan your next steps. We’re here to help you pursue a fair outcome under Florida’s support laws.

Quick Summary: In Florida — including in Miami-Dade family courts — child custody is called time-sharing , and judges decide it based on what’s in the “best interests of the child.” The court looks at factors like parental involvement, stability, the child’s needs, and family dynamics before ordering a parenting plan. At Martin Berg Law , we help Miami families understand these standards and build strong, child-centered cases. When parents separate or divorce, one of the most important questions is: How will time with the children be shared? In Florida , courts don’t automatically give custody to one parent — instead, they establish a time-sharing schedule that’s designed to support the child’s welfare. This blog explains how Florida courts make these decisions, the role of a parenting plan, relocation rules, and how time-sharing orders are enforced. For detailed legal guidance, see our Child Custody & Visitation page → a n d our broader Family Law overview → What Is Time-Sharing in Florida? In Florida, “custody” has largely been replaced with time-sharing and parental responsibility: Time-sharing refers to the schedule of when a child spends time with each parent. Parental responsibility defines decision-making authority (e.g., education, health care, religion). Both components shape the child’s life after separation. The “Best Interests of the Child” Standard Florida courts decide time-sharing based on what will best meet the child’s physical, emotional, and developmental needs . The law lists several factors judges consider: Key Factors Courts Evaluate 1. The child’s relationship with each parent Courts look at existing bonds and involvement — how each parent has participated in daily life, schooling, and emotional support. 2. Each parent’s ability to meet the child’s needs This includes physical care, emotional support, financial stability, and routine supervision. 3. The child’s home stability A consistent, safe, and nurturing environment matters. Courts often favor arrangements that least disrupt schooling and familiar routines. 4. Parental cooperation and communication Even after separation, parents who communicate respectfully and focus on the child’s welfare are favorably viewed. 5. Any history of abuse or domestic violence If there’s evidence of harm or risk, the court may limit time-sharing or require supervised visits to protect the child. 6. The child’s own preferences (in some cases) Depending on age and maturity, a child’s reasonable preference can be part of the decision. This “best interests” analysis is central to all Florida custody evaluations — including in Miami-Dade family courts . Parenting Plans: Your Roadmap for Time-Sharing A parenting plan is a written document parents present to the court outlining: Time-sharing schedule (weekends, holidays, vacations) Decision-making authority Communication guidelines Transportation arrangements J udges prefer parents agree on a plan, but if parents can’t agree, the court will craft one based on the evidence presented. A thoughtful plan shows stability and prioritizes the child’s routine and relationships. Contested vs. Uncontested Time-Sharing Cases Uncontested Time-Sharing: When parents voluntarily create a parenting plan and agree on schedules, the process is typically quicker and less stressful for children. Contested Time-Sharing: If parents disagree, the case may involve: Discovery (fact gathering) Mediation or court-ordered evaluations Multiple hearings before a judge I n these situations, experienced legal guidance — like from Martin Berg Law — helps parents advocate effectively and focus on the child’s needs. Relocation: What Happens When One Parent Moves? Relocation — especially outside the Miami area — can significantly affect time-sharing. Florida courts require: Notice of intent to relocate This is typically a formal written notice provided 45 days before the planned move. A relocation hearing (if contested) The court evaluates whether the move benefits the child (e.g., better opportunities, family support) without harming the existing time-sharing relationship. Courts may adjust the parenting plan to accommodate valid moves while maintaining meaningful contact with the non-relocating parent. Enforcement of Time-Sharing Orders Once a time-sharing order is final, it’s legally binding. If one parent refuses to comply: The other can file a motion for contempt The court may impose consequences (fines, make-up time, supervision requirements) Consistent enforcement protects the child’s stability and reinforces parental responsibilities. Common Mistakes Parents Make Assuming time-sharing is “50/50” by default Florida’s best-interests test doesn’t guarantee equal time — instead, it focuses on what works for the child. Underestimating financial disclosure requirements Accurate financial information can influence decisions about support and parenting feasibility. Ignoring emotional readiness Judges consider each parent’s emotional capacity to nurture and guide the child. Avoiding these pitfalls often requires experienced representation in Miami child custody cases . How Martin Berg Law Can Help Navigating child custody in Florida — especially through the best interests standard, parenting plan negotiations, and enforcement — is often complex and emotional. At Martin Berg Law , we help Miami families: Build strong, child-focused custody plans Present evidence effectively in Miami-Dade family courts Understand relocation rules and their rights Enforce court orders when necessary For more about how we guide parents through this process, visit our Child Custody & Visitation page → Ready for Support? If you’re facing a custody or time-sharing issue in Miami or Miami-Dade County, the experienced attorneys at Martin Berg Law can help. Schedule a consultation today to understand your rights and develop a strategy that puts your child’s best interests first.