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Monthly Archives: January 2019

EstatePlan4

My Mother Died With Just $500 in Her Checking Account – Do I Need to Open a Probate Estate?

By Kuhn Law Firm, P.A. |

Some people think that when a family member dies, that means there must be a probate estate. In fact, there are many situations where a person does not leave any assets that are subject to probate–i.e., they were placed into a trust or subject to joint ownership. But what about cases where someone only… Read More »

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EstPlan9

Can You Trust Your Children With Your Trust?

By Kuhn Law Firm, P.A. |

Creating a trust quite literally means trusting someone to administer the trust’s assets in accordance with your instructions. Many Florida residents trust their family members to serve as faithful trustees. But unfortunately, there are cases where a family member breaches their duty to the trust–and other family members–and misappropriates the trust’s assets for their… Read More »

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Executor

Own a Florida Business? Make Sure You Name the Right Executor for Your Estate

By Kuhn Law Firm, P.A. |

When you own a business, its debts do not die with you. Instead, they must be addressed as part of the probate administration process. This means that you need to make sure the executor or personal representative named in your will is capable of handling or winding up the affairs of your business–otherwise your… Read More »

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LifeIns

The Impact of Divorce on Your Life Insurance Policy

By Kuhn Law Firm, P.A. |

In a recent post, we discussed the potential impact of a divorce on your estate planning. One issue we raised was the need to review–and possibly revise–the beneficiary designations on assets like retirement accounts and life insurance policies. But there is an important caveat to this advice: You need to ensure any beneficiary designations… Read More »

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Probate3

Can I Sue a Family Member’s Estate in Federal Court?

By Kuhn Law Firm, P.A. |

In the United States there are both federal and state courts. The state courts are generally responsible for estate and probate administration. In other words, when a Florida resident passes away, his or her estate will be administered by a state probate court. But what happens if someone files a lawsuit against the estate… Read More »

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Will6

Is a Will Executed in a Foreign Country Valid in Florida?

By Kuhn Law Firm, P.A. |

Florida is home to immigrants from around the world. However, many people settle in Florida without taking the time to learn about local laws pertaining to subjects such as estate planning. So when they pass away in Florida, these individuals may not have left a will executed under Florida law–although they may have a… Read More »

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BusPlan2

Will My Florida Small Business Die With Me?

By Kuhn Law Firm, P.A. |

Many Florida residents have, or plan to set up, their own small business. There a number of legal challenges every small business owner faces. But one question that many forget to ask until it’s too late is–What happens to the business when I die? The answer to this question greatly depends on how the… Read More »

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EPlan1

How an Irrevocable Trust Can Lead to Litigation

By Kuhn Law Firm, P.A. |

Although many Florida estate planning trusts are revocable by the settlor–i.e., the person making the trust–there are also situations where an irrevocable trust may be used instead. As the name implies, an irrevocable trust cannot simply be amended or ended by the settlor at-will. And in fact, if there are problems with the administration… Read More »

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