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What Assets Go Through Probate in Florida?
One of the most common questions families ask after a loved one passes away is: “What actually has to go through probate?” The answer is often less intimidating than people expect. Not everything a person owned becomes part of a Florida probate case. Whether an asset goes through probate usually depends on how it was owned and whether a beneficiary was properly designated . Below is a clear breakdown of the assets families ask about most. What Determines Whether an Asse


Key Takeaways from Laird v. Bisignano
For practitioners litigating mental-health disability claims , the Fifth Circuit’s decision in Laird v. Bisignano , No. 25-50347 (5th Cir. Jan. 8, 2026), offers both guidance and caution. The case delves into the application of Listings 12.04 and 12.06 , particularly under Paragraph C – marginal adjustment . Overview of the Case The claimant in Laird alleged disability based on bipolar disorder and anxiety , asserting that he met the criteria under Paragraph C of the releva


Probate Problems: Why Accounts Freeze and What You Can Do Now
Losing a loved one is hard enough, but learning that you can’t access their bank accounts or pay bills right away can make a painful time even more stressful. Many families are caught off guard when the legal authority they thought they had suddenly disappears. What Happens When Someone Dies Authority From Power of Attorney Ends at Death A Power of Attorney gives someone authority to act only while a person is alive . The moment someone dies: That authority ends. Financial in


How Long Does Probate Take in Florida?
One of the first questions families ask after a loved one passes away is simple—and completely reasonable: “How long is this going to take?” The short answer is: it depends . The more helpful answer depends on the type of probate , the assets involved , and whether there are complications or disputes . Below is a clear breakdown of what actually drives probate timelines in Florida. The Two Main Probate Timelines in Florida Florida probate generally follows one of two pat


Richardson v. Perales: The Supreme Court Case
Let’s take a trip back to 1971 , when a landmark U.S. Supreme Court case changed the way Social Security disability claims are handled. Richardson v. Perales was the first major case to address the procedural standards in Social Security disability hearings. The Court ruled that the Social Security Administration (SSA) could rely on written medical reports , even if the doctors who authored them did not testify in person. This decision has had a lasting impact on how disa


What Happens to All Your Stuff When You Die?
You open the door to your parents’ home for the first time since the funeral. Closets stuffed with decades of clothes.Cabinets filled with china no one ever used.A garage packed with tools, decorations, and boxes labeled “miscellaneous.” Drawers overflowing with papers, keepsakes, and items whose meaning you’ll never fully understand. The task ahead feels impossible. This scene plays out in homes across America every day. With an estimated $90 trillion in assets transferring


A Must-Know Fibromyalgia SSD Case in the Fourth Circuit
If you litigate Social Security Disability (SSD) cases in the Fourth Circuit, Hultz v. Bisignano is a decision you’ll want to keep close. This case builds on Arakas v. Commissioner and provides a strong reminder, and a warning, about how fibromyalgia claims must be properly evaluated. Hultz Reinforces Arakas: No Objective Evidence Requirement for Fibromyalgia The core error in Hultz involved the ALJ denying benefits by discounting subjective symptoms simply because they we


How Long Does Probate Take in Florida?
One of the first questions families ask after a loved one passes away is simple—and completely reasonable: “How long is this going to take?” The short answer is: it depends . The more helpful answer depends on the type of probate , the assets involved , and whether there are complications or disputes . Below is a clear breakdown of what actually drives probate timelines in Florida. The Two Main Probate Timelines in Florida Florida probate generally follows one of two pat


A Victory for Claimants at Step Two
A Case That Shouldn’t Have Gone This Far It took a trip all the way to the Ninth Circuit to clarify something fundamental: Step Two of the Social Security disability process is a minimal threshold , not a high bar. Fortunately, Josephine Gerrard stepped in and delivered an outstanding oral argument on behalf of her client, Combest , leading to a much-needed remand . Background on the Claimant Combest suffers from the following medically documented impairments : Fibromyalgia


Personal Representative Education in Florida
(What the Role Really Involves — and Why Understanding It Early Matters) When someone passes away, it is very common for a family member or close friend to be asked to serve as Personal Representative of the estate. Often, people agree to take on this role without fully understanding what it involves. In other situations, beneficiaries may have questions or concerns about how an estate is being handled and want to know what the Personal Representative is legally required t


Wills vs. Trusts: How to Choose the Right Tool
Estate planning isn’t just about paperwork — it’s about safeguarding your family’s future, preserving privacy, and avoiding unnecessary legal complications. Whether you’re just starting or revisiting your plan, knowing the difference between a will and a trust — and how each works — is essential to making the best decision for your goals and loved ones. For a deeper look at comprehensive planning that goes beyond wills and trusts, see Estate Planning Overview — Tower Law Grou


2026 Begins with a Social Security Remand Breakdown
Every so often, a Social Security case reads less like routine administrative law and more like a cautionary tale about delay, broken process, and institutional fatigue. Hicks v. Commissioner , a decision issued by the Sixth Circuit , is one of those cases. Background: The Hicks Case Hicks was awarded Supplemental Security Income (SSI) in 2008. Her case was later entangled in the Eric Conn / ALJ Daugherty fraud scandal , despite her having no involvement in the misconduct.


“I Just Found Out…”: Common Probate Scenarios in Florida
(Why Timing and Information Matter More Than People Realize) Many Florida probate matters don’t begin with disputes or litigation. They begin with surprise. People often learn, days, weeks, or even months after a death, that they are a Personal Representative, a beneficiary, or otherwise involved in a probate case. By the time they realize this, important decisions may already have been made, statutory deadlines may be approaching, and emotions may already be running high.


Why Every Family Needs a Mission Statement
You probably know you “should” have a will or a trust , but have you ever talked with your family about why your money exists in the first place? A simple family mission statement, combined with a comprehensive estate plan can dramatically increase the odds that your wealth—and your relationships—stay intact for generations. You spend a lifetime working, saving, and building a life for the people you love. Yet research shows that: An estimated 70% of wealthy families lose th


Mental RFCs Require Real Analysis
As the holiday season wraps up and the New Year approaches, the U.S. Court of Appeals for the Second Circuit quietly issued a decision that Social Security disability practitioners should not overlook: Nunez v. Commissioner of Social Security . This decision reinforces a critical point in Residual Functional Capacity (RFC) analysis: there must be a clear connection between acknowledged mental limitations and the actual functional limitations reflected in the RFC. Key Issue


SECURE Act 2.0 and the Hidden Risks to Your Family’s Inheritance
The SECURE Act 2.0 brought some of the biggest changes to retirement planning in decades. While many people believe these updates only affect their own retirement—or aren’t aware of them at all—the reality is far more impactful. SECURE Act 2.0 directly affects how your loved ones will inherit your retirement accounts and how much they may lose to taxes after your death. Without updated planning, these changes could significantly reduce the inheritance you worked so hard to


Key Takeaways on Substantial Evidence and RFC
On October 12, 2023, the U.S. Court of Appeals for the Eighth Circuit affirmed the denial of disability insurance benefits in Wyatt v. Kijakazi , reinforcing important principles about how disability cases are reviewed—especially regarding substantial evidence and residual functional capacity (RFC) determinations. 📌 What the Court Held ✅ Substantial Evidence Is the Controlling Standard The court reaffirmed that decisions denying disability insurance benefits must be suppor


Tony Hsieh’s Tragic Death
On November 27, nine days after being pulled unconscious from a house fire in a beachfront home in New London, Connecticut, Tony Hsieh , the former CEO of online shoe retailer Zappos , died due to complications from smoke inhalation. Hsieh was just 46 years old , single, and had no children. Although the cause of the fire remains under investigation, authorities ruled his death accidental . At the time of his passing, Hsieh was worth an estimated $840 million . Shockingly, de


Ninth Circuit Remands Over Reasoning-Level Conflict
A recent Ninth Circuit decision — Romero v. Bisignano (Nov. 12, 2025) — provides a timely reminder that reasoning-level conflicts between a claimant’s RFC and jobs identified at Step Five cannot be ignored . For Social Security Disability attorneys, especially those practicing in the Ninth Circuit, this case underscores two critical points: Reasoning levels still matter . ALJs must explicitly reconcile conflicts on the record. What Happened in Romero v. Bisignano ? In Rome


A Real Story About the Cost of Being Unprepared
Michael Duarte had everything to live for. At 39 years old, the popular food influencer was growing his brand, creating recipes for millions of followers, and raising his daughter Oakley with his wife, Jessica. Then, on November 8, 2025, his life ended suddenly during what should have been an ordinary trip to Texas. His death was unexpected — and devastating for his family emotionally and financially. Within hours, a GoFundMe appeared asking for help to bring his body home a
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