A second marriage begins an exciting new chapter, including building a life together and, in many cases, blending families. Amid the excitement of wedding planning, it is important to make time to meet with an estate planning attorney to discuss how marriage may affect your property rights, estate plan, and intended legacy. Florida’s Homestead Rights […]
Read More…Congratulations to Brandan, Brad and Zander for being recognized by your peers as a Top Lawyer in Palm Beach County—a prestigious honor that reflects your excellence and leadership in the legal field. This exclusive designation will appear in the September 2026 issue of Palm Beach Illustrated, reaching more than 235,000 affluent and engaged readers. Here is the Digital link to view the Palm […]
Read More…Huth, Pratt & Milhauser is pleased to announce that Paul Roman, Esq. is now of Counsel to the firm, expanding our professional team to eight attorneys. Paul brings more than 45 years of legal experience, with a primary focus on estate planning and administration providing clients with thoughtful, personalized guidance designed around their individual needs, […]
Read More…When a loved one passes away, families often expect the estate plan to provide clear instructions. Unfortunately, that is not always what happens. A will or trust may contain language that is unclear, incomplete, or difficult to reconcile with another provision in the same document. When that happens, beneficiaries and personal representatives may disagree about […]
Read More…On April 29, 2026, Governor DeSantis signed CS/HB 1337 into law. Effective July 1, 2026, this legislation makes several important changes to Florida probate administration. The short version: more families may now qualify for simplified probate procedures, and personal representatives have a stronger remedy when banks or other parties refuse to recognize their court-appointed authority. […]
Read More…If you’ve recently relocated to South Florida, congratulations on your move! Along with the excitement of settling in, this is an important time to review your estate planning documents with a Florida-licensed estate planning attorney. Florida has its own statutes governing wills, trusts, healthcare directives, and powers of attorney, and documents drafted in another state […]
Read More…We are proud to announce new attorney Xiomara Cruz has joined Huth, Pratt and Milhauser in Boca Raton, FL as a Senior Litigation Attorney.
Xiomara Cruz is a versatile and tech-forward senior litigation attorney experienced in directing and managing high-volume litigation portfolios. Xiomara is adept at synthesizing complex scenarios and data with key qualitative insights that provide corporate and private clients with sophisticated case assessments, cost-benefit analyses and strategic clarity. Attorney Cruz is a multi-perspective advocate with a deep background in insurance law, civil litigation, real estate transactions, and corporate regulatory set-up, committed to high-efficiency strategic plans and resolutions. Ms. Cruz has a proven ability to integrate expertise from multiple practice areas into formidable winning strategies.
We are confident that Xiomara’s skills and values will be a perfect fit as we continue to provide proactive, efficient, and results-driven legal services.
Read More…When a family home passes to multiple children, they often find themselves co-owning the property as “tenants in common” — each holding a distinct, transferable share and each bearing a proportionate responsibility for expenses such as taxes and insurance. This works smoothly when all co-owners agree on the property’s future. Disputes arise, however, when siblings have differing goals or when one sibling is already living in the home rent-free.
Under Florida law, each co-owner generally has the right to use the entire property, receive a proportionate share of any rental income generated by third parties, and sell or transfer their own ownership interest. A co-owner in exclusive possession does not automatically owe rent to the others — that obligation typically arises only if the occupying co-owner has effectively excluded the others from the property (known as “ouster”), or as an offset if the occupying co-owner seeks reimbursement from the non-occupying co-owners for property expenses. The specific facts of each situation matter considerably, and these issues are frequently resolved through the accounting process in a partition proceeding.
When co-owners cannot agree, several options may be available: a buyout of one or more co-owners’ shares, a written co-ownership agreement addressing use and expenses, or a voluntary sale. If no resolution can be reached, any co-owner may file a partition action under Florida Statutes Chapter 64 — a court proceeding that can result in a physical division of the property or, far more commonly for residential homes, a court-ordered sale with proceeds distributed among the co-owners. Florida’s Uniform Partition of Heirs Property Act may also provide qualifying co-owners with the right to purchase another heir’s interest at appraised value before a court-ordered sale.
A partition action is a last resort. Court-ordered sales often yield less than market value, and legal costs are typically deducted from proceeds before distribution. The financial and relational costs can be significant. Co-owners are well advised to explore all negotiated options before resorting to litigation. These disputes are highly fact-specific, and this overview addresses only general principles — individual circumstances may involve additional rights, obligations, and considerations not covered here.
If you are a co-owner of inherited property and are seeking legal guidance, contact Huth, Pratt & Milhauser. Our attorneys can help you evaluate your options, protect your interests, and navigate these matters with the care they deserve.
Read More…We are pleased to announce that Zander Retamar has been named a Partner.
We are pleased to announce that Zander Retamar has been named a Partner at our Firm!
Since joining the firm, Zander has consistently demonstrated exceptional legal expertise, a strong commitment to client service, and meaningful contributions to the firm’s growth and culture. He has earned the trust of clients and colleagues alike and has played a key role in the following practice areas:
Trust, Estate, and Guardianship Litigation & Administration, and Estate Planning & Asset Protection
This promotion reflects not only Zander’s professional accomplishments, but also his dedication to excellence, leadership, and collaboration. As a Partner, he will continue to help guide the firm’s strategic direction while maintaining the high standards of service our clients expect.
Congrats Zander on this well-deserved achievement!
A message from Zander:
I am truly honored to be a Partner at Huth, Pratt & Milhauser. From day one, it has been a privilege to work alongside Brandan, Brad, and the entire HPM team. Their leadership, mentorship, and support have been invaluable, and this firm has felt like home from the start. I am proud to step into this role and look forward to continuing to contribute to the firm’s growth, success, and future direction.
– Zander Retamar, Esq., LL.M.
Blending families with adult children creates great joy but also its own set of complications, particularly with inheritances. If you are concerned that your adult stepchildren may try to force you out of the South Florida home you shared with your spouse, know that you have legal rights and protections. Florida’s homestead rules protect surviving spouses to reduce the risk of being forced out of their home. Consider each of the following scenarios:
Scenario 1: The home is solely titled to your spouse.
Option A: You could receive a life estate in the home, meaning that you are allowed to live in the home for the remainder of your life. Your stepchildren will inherit the home after your death. If you choose to take this option, you would be responsible for paying for property taxes, home insurance, and maintenance on the home as long as you reside there. Your stepchildren would be responsible for the mortgage payments, title-related payments, and any necessary environmental remediation.
Option B: You could take a 50% tenant-in-common interest in the property. This means that you would own 50% of the property and your stepchildren would own the remaining 50%. You would share all home ownership-related expenses equally. You could sell your share of the home to your stepchildren and choose to move elsewhere.
With either option, the home is protected from most creditors as long as you are living there.
Scenario 2: The home is jointly titled with tenancy by the entirety to you and your spouse.
In this situation, you will become the sole homeowner immediately and your deceased spouse’s children will have no claim to the home. After your death, the home will pass to your children. Similar to scenario 1, the home will be protected against most creditors.
Scenario 3: The home is titled to an irrevocable trust.
In this scenario, the home loses its homestead status, so Florida’s homestead rules no longer apply. The terms of the trust will dictate who inherits the home. Typically, the trust terms allow the surviving spouse to remain in the home for the rest of their life, but this is not required. If the trust terms indicate that your stepchildren immediately inherit the home, they could force you to leave.
Florida’s homestead rules protect surviving spouses from being forced out of their home. If your stepchildren have threatened to evict you, or if you are in any inheritance dispute, contact Huth, Pratt & Milhauser for a free case consultation. Our top-notch probate litigation attorneys have years of experience protecting the rights of Florida surviving spouses.
Read More…Huth, Pratt & Milhauser is a well-established Florida law firm offering a wide range of legal services focused on: wills, trusts, estates, probate and guardianship, including planning, administration, and litigation.
The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide exceptional service to our clients. Our highly experienced team of attorneys have received high AVVO rankings and Super Lawyers designations, recognizing the legal expertise, dedication, and experience that they provide.
The mission of Huth, Pratt & Milhauser is:
“To ethically provide world class representation to our clients to guide them in reaching the best possible results.”
– Provide the best technical legal representation we can
– Provide proactive and efficient representation
– Provide 5 -star customer service
– Provide a professional, collegial, and positive work environment
How can Huth, Pratt & Milhauser help you protect your legacy?
-1- Estate Planning
-2- Administration: Probate – Trust – Estate – Guardianship
Probate administration is the legal process overseen by the court for managing and distributing a deceased person’s estate. It includes making sure the outstanding debts are paid, taxes are filed, and remaining assets are transferred to beneficiaries according to the will or applicable state law. The process could take months, which is why our qualified attorneys are here to guide you.
-3- Litigation
Sometimes, things do not go as planned. Do you know when you need a probate or trust litigation attorney? Can you challenge the validity of a will? Can you remove a personal representative? If you have concerns about how a family member’s trust or estate is being managed, you need an experienced litigator to fight for your rights. Huth, Pratt & Milhauser has a track record of success in winning complex litigation cases.
Huth, Pratt & Milhauser
Huth, Pratt & Milhauser appreciate you being part of our community and we value your support. We’d like to express our sincere gratitude for the professional relationship that we share. We look forward to working together in the future.
Feel free to share this blog post and if you know anyone who could benefit from our services, we would appreciate an introduction. We offer free initial consultation. Contact us today to learn how we can best help you.
HPM is a well-established law firm that offers a wide range of legal services in the areas
of wills, trusts, estates, probate and guardianship for planning, administration, and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enables us to provide exceptional representation to our clients.
We strive to provide superior and focused counsel in a timely manner, and we proudly serve clients from our office in Boca Raton, Palm Beach County, Florida.
Read More…A no-contest clause states that if someone mentioned in the will contests it and loses, they will receive no inheritance. The purpose of this clause is to deter will contests and ensure that the will is executed exactly as the testator (the person who died and left a will) wrote it. Under Florida law, no-contest clauses are neither valid nor enforceable. Similarly, Florida law does not enforce no-contest clauses in trusts either.
Many wills and trusts have no-contest clauses because most other states allow them. If the testator wrote the will while living in another state but died as a resident of Florida, then Florida’s laws would prevail and the clause would not be enforceable.
There are five valid reasons that would allow an heir or beneficiary to contest a will. One of the reasons is lack of testamentary capacity, which means that the testator lacked the mental capacity to fully understand what they were doing when they drafted the will. Having dementia, Alzheimer’s, or other cognitive impairment are some examples of having a lack of testamentary capacity. To win a will challenge, you will need to show through medical records and witness statements that the testator did not understand what they were doing when they signed off on the will.
Another reason for contesting a will is undue influence. This occurs when a family member, friend, or caretaker coerces or threatens the testator into leaving them a greater inheritance than they would have received otherwise.
Suspected fraud is a valid reason to contest a will as well. An example of fraud would be if someone misrepresented the contents of the will or that the document was a will. Another reason an heir may choose to contest a will is improper execution. For a will to be valid in Florida, it must be voluntarily signed by the testator and two witnesses at one time. The final reason to contest a will is if it contains a mistake.
To contest a will, you must either be an heir under Florida’s intestacy laws, a beneficiary named in a prior version of the will, or someone with a financial interest in the estate. If you fall into one of these categories and believe that a will is invalid, contact an experienced probate litigation attorney, such as the attorneys at Huth, Pratt & Milhauser. Your attorney will investigate the case to determine if there is enough evidence to contest the will. If your attorney believes there is enough evidence, they will file a petition in court to challenge the will. To find out if a will contest may be an option in your situation, contact Huth, Pratt & Milhauser for a no-fee initial consultation.
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We are proud to announce that both Brandan J. Pratt and Brad H. Milhauser have been selected as Florida Super Lawyers in 2026. This is an honor reserved for those lawyers who exhibit excellence in practice. Only 2.5% of attorneys in Florida receive this distinction.
Brandan J. Pratt, J.D., CFP was selected in the practice area of
Trust & Estate Litigation
Brad H. Milhauser, J.D., LL.M. was selected in the practice area of
Estate Planning
RISING STAR
Alexander “Zander” J. Retamar, Esq., LL.M. was selected as a Florida Super Lawyers Magazine:
“Rising Star” 2026
A quick internet search will provide you with pages of do-it-yourself estate planning documents that are readily accessible for free or for a very low cost. Many people find it tempting to use those documents, thinking they can save money by not hiring an attorney. While the upfront costs of using these documents is less expensive than hiring an attorney, the long-term cost to your heirs can cost much, much more.
When you hire an estate planning attorney, you’re not just paying for the actual legal document. You are paying for the attorney’s expertise in understanding the specifics of your situation and devising a customized strategy to help you achieve your final wishes. This is especially important if you have significant assets, a blended family, children from another partner, own a business or would like to leave assets to a friend, family member, or organization that is not included in Florida’s intestacy laws.
Tax liability is another issue that do-it-yourself documents don’t adequately address. The larger the estate that you leave, the larger your heirs’ potential tax liability will be. A South Florida estate planning attorney knows the minutiae of Florida’s and the federal government’s tax laws related to inheritance. Based on your financial situation, they can devise a plan that will minimize the taxes your heirs will need to pay, leaving more assets for them to inherit.
You are also paying for your attorney’s expertise in writing clear, direct instructions that will minimize the likelihood of misinterpretations and misunderstandings that can lead to will challenges. If you have a family member that may be “difficult”, litigious, or unhappy about your final wishes, it is especially important to have an attorney draft your estate planning documents to minimize the risk of a will challenge, which can take years to resolve and cause a financial drain on your estate.
Inheritance and estate planning laws vary by state. With do-it-yourself estate planning documents, you have no idea who actually wrote the documents and if they meet the requirements for the laws in Florida. Truth be told, you have no way of knowing if even a human wrote the documents or if AI wrote them.
Another area where do-it-yourself documents fall short is in execution. For a will to be properly executed in Florida, there must be two disinterested parties who witness the testator signing the will. A Florida estate planning attorney will ensure that this legal procedure is followed. If these instructions are unclear or not included in a do-it-yourself will, the document will not be upheld by the courts.
Don’t take chances with your hard-earned assets. You and your loved ones deserve to have the experts at Huth, Pratt & Milhauser create your Florida estate planning strategy and documents. Contact us today to learn how we can help you.
Read More…Appointing more than one trustee to manage a trust has many benefits, such as:
A large downside, though, is that having more trustees means having more opportunities for disputes. If you are a beneficiary of a trust and your trustees have a dispute, this has the potential to negatively affect the value of the trust and your distributions from it.
Trust disputes can be about aspects of trust administration. Some of the more common disputes are about:
As a beneficiary, your first step is to contact a South Florida lawyer with expertise in litigating trust disputes, such as the attorneys at Huth, Pratt & Milhauser. Depending on the specifics of your situation, your attorney has several options for how to proceed.
One option is to arrange for mediation to resolve the dispute. In this scenario, all parties would attend a mediation or agree to be bound by the terms of mediation. While this can be time-consuming, it is faster and less expensive than litigation.
Another option is to review the language in the trust to see if there is an option to remove one or both trustees and replace them. Some trusts contain provisions for removing trustees, but many do not.
If neither of these two methods are possible, the third option is to petition the Court for removal of the trustee(s). You will need to prove that the removal of the trustee is in the best interest of the trust. The trustee would either be replaced by a successor trustee named in the trust documents or a professional, neutral, third-party trustee that the court appoints.
In cases of embezzlement, self-dealing, or other criminal activities, your attorney may also contact the local authorities to press charges against a trustee.
If you are a beneficiary and the trustees for your trust are locked in a dispute, or if you are a trustee and you feel your co-trustee is either making poor choices or being unresponsive, contact Huth, Pratt & Milhauser right away. We will advise you of your legal options and fight to ensure your trust is properly managed.
Read More…For most parents, the beneficiaries of their estate plan are one or a combination of children and grandchildren. While this may be the case, there is often a concern about the ability of a child’s spouse to access the assets left for them. Specifically, questions arise as to what happens to a child’s inheritance in the event of divorce without the proper safeguards. Additional concerns include disagreements in an in-law’s spending habits. It is a delicate balance between ensuring your adult child can access assets left to them, while also protecting these assets from a child, or grandchild’s, spouse. While having a will is a good first step to ensure their child receives the assets left to them, it won’t stop a child’s spouse from accessing them. It is important to engage legal professionals who understand how to strike the balance in an estate plan, with various planning options to accomplish this goal.
One option to help prevent your child’s spouse from accessing the inheritance is to ask your child to sign a prenuptial agreement with their betrothed or, if they are already married, a postnuptial agreement. However, this method is not foolproof. If your child comingles the inheritance funds in a joint account or uses the funds to pay for marital expenses, such as a home or bills, your child’s spouse may be able to argue that the funds became marital funds.
A second, and better option, is to set up a trust that will administer the funds on behalf of your child. The trust would name your child as the beneficiary. The trust is revocable during your lifetime so you maintain full control over it and its assets. You select trustee(s) who will manage the trust after your death, at which time, it becomes irrevocable. The trustee(s) could either be an independent third party or your child plus an independent third party. While it is legally permissible to make your child the sole trustee, that would enable your child to give their spouse access to the trust funds.
You can specify how often your child receives distributions from the trust and the value of the distributions. You can also specify how the distributions are used. To add another safeguard, you could even specify that instead of distributing funds to your child, the trust should pay for all purchases directly. For example, if your child wants to buy a home, the trust pays the home seller directly, rather than disburse the funds to your child to pay for it.
It is also important to list backup beneficiaries, such as your grandchildren, other loved ones, or charitable organizations that will inherit the trust funds, if any remain, after your child’s death. This can help preserve your legacy within your family and/or charitable organizations for decades to come.
The estate planning attorneys at Huth, Pratt & Milhauser have worked with hundreds of South Florida families to develop strategies to protect their hard-earned assets and ensure they are distributed following their wishes. Contact us today for a free consultation to learn how we can help your family.
Read More…It’s been on your to-do list for months and you keep putting it off. In honor of National Estate Planning Awareness Month, pick up the phone and make the call to set up an appointment with an attorney for drafting or updating your estate planning documents.
Having a professionally drafted estate plan will protect you and your loved ones in the event of a tragedy. The Four (4) basic components of an estate plan include a healthcare surrogate and living will, a durable power of attorney, a last will and testament, and often a revocable trust.
If someone dies and does not have a will, they die “intestate.” When someone dies intestate, their assets enter the probate process and are distributed based on Florida law. These rules are likely to be different from how you would choose to distribute your assets.
This National Estate Planning Awareness Month, do yourself and your loved ones a favor by contacting Huth, Pratt & Milhauser, one of South Florida’s leading trust and estate law firms, to set up your estate planning documents.
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We are proud to announce that Alexander J. Retamar (Zander) was selected: Top Lawyers 2025 in South Florida for Wills, Trust and Estate by the Boca Raton Observer (09/2025 issue). See link:
Alexander “Zander” J. Retamar, Esq., LL.M. is an Associate Attorney with the firm. Mr. Retamar focuses his practice on Trust, Estate, and Guardianship Litigation & Administration, and Estate Planning & Asset Protection. Mr. Retamar earned his LL.M. in Taxation from the University of Florida Levin College of Law. Prior to obtaining his LL.M. degree, Mr. Retamar earned his J.D. from Florida Agricultural & Mechanical (FAMU) College of Law where he graduated Cum Laude, and served as Associate Articles Editor for Law Review. In addition, Mr. Retamar was appointed as Chief Judge of the Student Circuit Court by his peers, and served as President of Intramural Sports during his time at the College of Law.
Prior to obtaining his J.D., Mr. Retamar earned his B.A. in Criminology with a minor in Psychology from Villanova University where he was a four-year scholarship student-athlete for the Wildcats baseball team. During his time at Villanova, he participated in the Leadership Institute and was a Special Olympics Volunteer. Zander is a Boca Raton native, and is also active in the community. Zander currently serves on the Board of Directors of the Young Lawyers Section of the South Palm Beach County Bar Association, and on the Junior Board of Directors of the Caridad Center, and is an active Member of the Greater Boca Raton Estate Planning Council. Click here to learn more.
Read More…When your loved one named the trustee for your trust, they believed that the individual would manage and distribute the funds according to their final wishes, as detailed in their trust documents. Not only is this the moral and ethical action to take, but it is also legally required. According to the Florida Trust Code, a trustee must agree to uphold several principles when managing a trust, including:
While most trustees manage their trusts to the best of their abilities, some abuse their position of power. Here are some of the red flags that may indicate your trustee is mismanaging your trust:
Lack of Communication
Your trustee should update you about the trust expenses, assets and distributions at regular intervals. If you have questions about the trust or its administration, the trustee should respond promptly. If the trustee “forgets” or refuses to provide updates or reply to your questions, that is a sign that something may not be right.
Unexpected Changes or Transfers in Trust Assets
If you find that the value of the trust has declined more than you would expect or more than is easily explainable, that could indicate the trustee is taking higher withdrawals from the trust than is allowed for their compensation.
Self-Dealing
Examples of self-dealing include the trustee taking personal loans from the trust, buying assets at below-market prices from the trust, or using trust funds to pay for personal expenses.
Conflict of Interest
A trustee needs to avoid conflicts of interest and the appearance of conflicts of interest. A common conflict of interest is a trustee hiring their own company to work for the trust. For example, if the trustee owns a contracting company and hires their own company to renovate the property owned by the trust, that is a conflict of interest.
If you suspect that your trustee is not fulfilling their legal obligations, you need to act fast to protect your assets. Huth, Pratt & Milhauser has successfully guided families throughout South Florida through the legal maze of removing and replacing corrupt trustees and recovering illegally squandered trust assets. Contact us right away for a free initial consultation to evaluate your case.
[1] Ch. 736, Fla. Stat. (2021).
Read More…Attorney Brandan J. Pratt was featured in the September edition of the Florida Probate Trust Litigation Blog. The following is the introduction. Click here for the full article.
Brandan J. Prattof Huth, Pratt & Milhauser in Boca Raton was on the winning side of Markes v. Markes, an interesting 4th DCA appellate opinion I wrote about here involving a contested, multi-jurisdictional estate with contacts in New York, Florida and Jamaica. The 4th DCA ruled in that case that a Florida probate judge can’t transfer a probate proceeding to New York if the decedent owned real estate in Florida. I invited Brandan to share some of the insights he drew from this case with the rest of us and he graciously agreed. Click to read more.
Read More…The in-state cost of attendance at University of Florida is currently $24,180 per year and the cost of some private universities can reach nearly $100,000 per year. For a young child who won’t be attending for a decade or more, the price is sure to be even steeper. Many South Florida parents feel a responsibility to help their children pay for college to minimize the amount of debt they will shoulder as young adults. But, if something were to happen to you before your children were college-aged, how would your children pay this enormous expense?
Contacting an experienced Estate Planning attorney to develop a comprehensive estate plan is your best defense against unplanned events or situations. Creating a trust will likely be one of the key elements of your estate plan. A trust is a legal entity that can hold assets for safekeeping for your child. A trust can hold cash, investments, real estate, and nearly any other asset – tangible or financial.
You, as the grantor (or trustor is the person who funds the trust), will establish the rules for how funds should be distributed from the trust. For example, you could provide instructions allowing distributions from the trust for tuition, room and board, books, health costs, and other expenses associated with college. You could even specify if the funds can be used for spring break trips. In addition to covering college costs, you can decide if the trust funds can be used to cover other expenses your child may incur as a young adult, such as purchasing a car, wedding, or a down payment on a home. Many individuals also choose for additional distributions to occur at regular intervals based on their child’s age, such as permitting additional distributions at ages 25 and 30.
As part of establishing the trust, you will name one or more trustees who will manage it. The trustee will be responsible for investing the trust funds, disbursing them according to your wishes, and paying all bills associated with the trust. It is crucial to you select your trustee with care, as they will be the one who has the authority to approve or reject the expenses that the trust will pay on behalf of your child. In some cases, it may be beneficial to name a trustee who is different from your child’s guardian, such as a different individual or a trust company who would provide professional money management services and more objectivity to the trust’s administration than a family member may be able to provide. Talk to your attorney for advice on your specific situation.
In addition to creating a trust to hold their existing assets, many parents also purchase a life insurance policy. You can name the trust as the beneficiary to ensure that there are sufficient funds in the trust to cover the cost of college and other expenses for your child.
If you have young children and are looking to help financially secure their future, contact the attorneys at Huth, Pratt & Milhauser in Boca Raton. We specialize in Estate Planning and Probate Litigation and have helped families throughout South Florida navigate the legalities of preparing for their children’s and grandchildren’s futures.
Read More…A prenuptial agreement is a contract between two individuals that delineates what will happen to their assets if the couple divorces. Some also contain provisions about what will happen if one spouse dies. The latter is especially common if one or both spouses have children from prior relationships. In contrast, a Will is a document that describes how an individual would like their assets to be distributed after their death.
To prevent family discord and potential Will contests, the terms in your Will should match the terms in your prenuptial agreement. Unfortunately, that doesn’t always happen. Historically, if a Will and a prenuptial agreement in South Florida have conflicting terms, the Probate Courts often allow the prenuptial agreement to prevail. However, it’s important to remember that this does not always happen and each case is evaluated on its own merits.
If you discover that the terms in your deceased spouse’s Will differ from those in your prenuptial agreement, you will need to contact a probate litigation attorney. Your attorney will carefully review both documents and check to see:
Your attorney will also investigate if the Will written while your spouse was incapacitated or under duress. If so, this would invalidate it, and your attorney will seek to prove this.
Your attorney will inform the attorney handling the probate for your spouse’s Will that you plan to contest it since it does not match the terms of your prenuptial agreement. At this point, the beneficiaries in your spouse’s Will may investigate your prenuptial agreement to try and prove that it was invalid and that the terms of the Will should prevail.
Will contests can take years to resolve, even if they are settled out of Court. The probate litigation attorneys at Huth, Pratt & Milhauser are experienced at winning complex litigation cases involving Will contests. We will expertly and compassionately guide you through the legal maze of fighting for the inheritance that your spouse intended for you. Contact us today to learn how our legal experts can help you.
Read More…Including a Trust in your estate plan is a great way to help ensure your assets are divided according to your wishes in a timely manner that minimizes taxes. Most Grantors (the person funding the Trust) leave their assets to close family members (known as Beneficiaries). Many also consider appointing one of these Beneficiaries as the Trustee — the person responsible for administering the Trust. But is this a good idea?
In Florida, you can legally select a Beneficiary to serve as Trustee. This is a personal decision, and whether it’s the right choice depends on your family dynamics, estate planning goals, and the complexity of your trust.
There are two key reasons many Grantors find naming a Beneficiary as Trustee appealing:
However, there are also potential pitfalls to consider:
Because of these concerns, some Grantors choose to appoint an independent Trustee — someone who is not a Beneficiary — to preserve neutrality and reduce the likelihood of disputes.
When a Beneficiary Can Serve as Trustee
That said, in many situations it may be entirely appropriate — and even beneficial — for a Beneficiary to serve as Trustee. This is especially common in continuing trusts established for a Beneficiary’s benefit, such as when a trust is designed to last beyond initial distribution (e.g., to protect assets from creditors or preserve wealth across generations).
In a continuing trust, it is permissible for the Beneficiary to serve as the sole Trustee of their own trust. Asset protection can still apply, provided the trust is properly drafted. For example, the trust can include provisions that limit distributions to ascertainable standards, such as for the Beneficiary’s health, education, maintenance, and support (HEMS). These limitations help preserve the trust’s integrity and may shield the trust assets from creditors or marital claims.
Key Considerations When Choosing a Trustee
Whether you choose a Beneficiary or an independent third party, your Trustee should be someone who is:
There is no one-size-fits-all answer. Choosing a Trustee is a deeply personal decision that depends on your unique circumstances. Naming a Beneficiary as Trustee can work well in some cases — particularly in long-term trusts with appropriate safeguards — while in other situations, selecting a neutral third party may better serve your intentions and reduce the risk of conflict.
Working with an experienced estate planning attorney can help you evaluate your options and craft a trust that balances flexibility, protection, and family harmony.
Huth, Pratt & Milhauser
Huth, Pratt & Milhauser value your support and appreciate you being part of our community. Feel free to share this newsletter and if you know anyone who could benefit from our services, we would greatly appreciate an introduction.
HPM is a specialized law firm that offers a wide range of legal services in the specialty areas of Wills, Trusts, Estates, Probate and Guardianship for planning, administration, and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide exceptional representation to our clients.
We proudly serve clients from our Boca Raton, Palm Beach County, Florida office. We strive to provide superior and focused counsel in a timely manner and at a competitive price.
Read More…We are proud to announce that both Brandan J. Pratt and Brad H. Milhauser have been selected as Florida Super Lawyers in 2025. This is an honor reserved for those lawyers who exhibit excellence in practice. Only 2.5% of attorneys in Florida receive this distinction.
Brandan J. Pratt, J.D., CFP was selected in the practice area of Trust & Estate Litigation.
Brad H. Milhauser, J.D., LL.M. was selected in the practice area of Estate Planning.
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2500 North Military Trail, Suite 460
Boca Raton, Florida 33431
Phone: 561-392-1800
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