The Blog

It may never be a good time to file for divorce but thinking about the tax consequences of changing your marital status may influence the timing of a divorce. The IRS recommends all married couples determine whether filing jointly versus…

A variety of circumstances may cause a minor child’s grandparents to seek visitation rights. Under Fla. Stat section §752.011, a grandparent can file a petition for visitation with a minor child in cases where one or both parents are deceased,…

As mental health resources are becoming more widely available and accepted, children may wish to seek therapy to process an array of issues at school, home, or the general hardships of growing up. Before a child can access mental health…

Are you a party to a family law proceeding?  As you are well aware, going through a family law proceeding is stressful and mentally exhausting.  To add to the stress, the law requires parties to a family law proceeding (whether…

Mediation is a great way to resolve a pending legal battle, especially when this legal battle is a family matter, such as dissolution of marriage, a timesharing dispute, or fight over parental responsibility.  Litigation can turn into a lengthy process…

The stimulus payments authorized by Congress this past spring have been a lifesaver for many individuals and families dealing with the aftermath of the COVID-19 pandemic. The relief payments of $1,200 for individuals, $2,400 for married couples, and $500 for…

In most family law proceedings where minor children are involved, one party is usually ordered to pay the other party child support.  Oftentimes, the noncustodial parent (the parent who timeshares with the children less often) is ordered to pay the…

The Thomas McDonald Law Firm, PL is a firm that specializes in the practice of family law. You may have heard the term “family law” from time to time, but what does family law really mean? Oftentimes clients ask us…

The process of caring for a loved ones’ affairs after their death can be overwhelming in many ways– emotionally, mentally, and financially.  During grief, the last thing you probably want to think about is how to deal with an intimidating…

Your rights as a beneficiary will differ depending on whether the deceased individual had a will in place. For example, were you listed in the will as a beneficiary? Are you the child or next-of-kin of someone who died intestate…

Not all parents have good relationships with their children. In such cases, parents may have questions when they visit a last will and testament lawyer. For parents whose children’s behavior has been egregious, it’s common to eventually give up on…

If you’ve decided you don’t want to remain married, you’re probably wondering what the grounds for divorce in Florida are. Which legal and legitimate reasons can you give for separating from your husband or wife?  Unfortunately, when you want to…

One area of law that prospective adoptive parents ask adoption lawyers about relates to parental consent. Specifically, they often ask us whether it’s essential to get parental consent for minors to receive therapy. Here, we take a closer look at…

Adoption lawyers in Miami, FL, often have to address stepparent adoption inquiries. There is one surprisingly common question that frequently arises. This relates to whether the court must notify the biological father if the stepparent wishes to adopt the child….

When it comes to probate proceedings, most are uncontested. In virtually every respect, this is a good thing. However, there’s a downside. Since nobody is contesting anything, mistakes can happen. For example, the family may consent to a homestead order…

If you’re going through a divorce, you could face a legal battle. While some couples can split amicably, many fight over several issues. One area in which disagreements regularly arise is child custody. If you have children and are divorcing…

The value of having a will is becoming better understood these days. Therefore, more people in Florida are wondering what the answer is to the question, “Are DIY wills legal?” This is because they’re looking for the simplest and most…

When a loved one dies, finding the best probate lawyer in the Florida Keys is essential. There are several reasons why you may be responsible for seeking out the best probate attorney in the Upper Keys. These include: • Your…

The COVID-19 pandemic has caused major upheavals around the world. However, one unexpected consequence has been a spike in the number of divorce filings. Having to spend so much time in close quarters has led many couples to realize they…

Divorce can cause mental health issues and depression even at the best of times. However, during the current COVID-19 pandemic, the strain is even greater. Trying to cope with the anger, loneliness, and sadness that marital disruption causes under the…

COVID-19 is sweeping the globe, and Florida is no exception. The state government has told families to stay at home. Couples are now living in close quarters 24 hours a day. While many expected there to be some element of…

The world is going through a time of unprecedented upheaval and change because of the COVID-19 pandemic. All across the globe, governments are struggling to contain the spread of the disease. Countries and states are demanding that their citizens stay…

Although it rarely happens, sometimes a court will discover additional assets after a will’s beneficiaries have received their distributions. So, what happens after probate is closed in Florida, and the court discovers extra property? What happens if an unknown life…

With the current stay-at-home order, you may find you have more time on your hands. How can you make the best use of it? With the current COVID-19 pandemic, your thoughts may be on your health. News of the serious…

Have you just been named as your family member’s estate executor after his or her death? Then, you’ll need to know how much you can expect to pay in probate lawyer fees. According to Florida statutes, you must carry out…

In the Florida Keys and Key Largo, there’s some confusion about the probate process. After all, lots of people in Islamorada, Plantation Key, and Tavernier find themselves handling a relative’s estate after their deaths. Florida has a streamlined process for…

Many people in the Florida Keys have questions about the probate process in their state. One common inquiry made by residents of Key Largo is how long an estate can stay in probate in Florida? There is no single answer…

Since Jan. 1, residents of Key Largo and the Keys have expressed an interest in the legal changes regarding wills. Florida is entering a whole new digital era when it comes to estate planning. A law, which went into effect…

One question that many people ask is whether life insurance must go through probate law in the Florida Keys. The simple answer is, generally, no. The beneficiaries designated in the individual’s policy will usually receive the proceeds from life insurance….

Florida residents who file for divorce have two options. They can either use the services of an attorney or handle their divorce independently. If you decide to represent yourself, you’ll need to understand the state’s requirements. The Florida family law…

Until recently, electronic wills weren’t legal in Florida. Back in 2017, there was a unanimous vote in the Florida Senate to make electronic wills legal. However, the former governor vetoed the bill, so there were no changes made to probate…

At the end of the year, many of us think about tax savings. However, if you have a pending divorce, there are some issues to consider before filing your taxes. Should you file jointly or singly? Here, we take a…

Anyone who has dealt with surrogacy cases will be aware of how complex this element of reproductive law can be. However, when it comes to single women wishing to use a surrogate to have a baby, it’s even more complicated….

There are more than 7.5 million couples who live together in the United States without being legally married. The number of unmarried couples is rising all the time. However, if you’re not married and you’re in a long-term relationship, it’s…

All too often, Millennials believe estate planning is not necessary for them. However, every Miami, Florida, probate attorney will advise that, even at this life stage, it is essential.  There are many reasons why Millennials think estate planning is not…

The state of Florida has now legalized same-sex marriages. This is great news for people in same-sex relationships who want to make the commitment of a legal marriage ceremony. However, it also raises the issue of prenuptial agreements. Any Miami…

How Can I Provide for My Pets After My Death? If you’re seeking a probate attorney in Miami, you’re probably drawing up your will. It’s important to arrange how you would like to distribute your property and assets after you…