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Monthly Archives: February 2019

EstatePlan7

How Florida Law Prevents Killers from Inheriting Their Victims’ Estates

By Kuhn Law Firm, P.A. |

How many times have you watched a TV crime drama where someone murdered the victim so the killer could inherit the estate? In real life, it is not that simple. In Florida, there is a law commonly known as the “Slayer Statute,” which basically says you cannot “unlawfully and intentionally” kill someone and then… Read More »

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EstPlan12

How Is a Living Trust Different from a Testamentary Trust?

By Kuhn Law Firm, P.A. |

The word “trust” gets thrown around a lot in estate planning. Many Florida residents are not exactly sure what a trust is or how it works. And they almost certainly do not understand all of the different kinds of trusts that may be used as part of a comprehensive estate plan. This post will… Read More »

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EstPlan11

Understanding the Role of an “Agent” Under Your Power of Attorney

By Kuhn Law Firm, P.A. |

When you hear the term “agent,” your first thought might be a real estate agent–someone you hire to sell your house on your behalf. But there are other types of agents, especially in the context of estate planning. For example, if you have a power of attorney–and you should have one–that document names an… Read More »

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Trustee

Why Does It Matter if an Individual or Charity Is a “Qualified Beneficiary” of a Florida Trust?

By Kuhn Law Firm, P.A. |

When you create a trust, you typically name one or more beneficiaries who are entitled to the trust’s income or principal. Under Florida law, the trustee must subsequently keep any “qualified beneficiaries” of the trust “reasonably informed” of the trust’s administration and activities. For instance, the trustee must provide each qualified beneficiary with a… Read More »

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EstPlan3

Can a Deceased Medicaid Recipient’s Estate Challenge the Amount of an AHCA Lien?

By Kuhn Law Firm, P.A. |

There is an issue that often comes up in Florida probate administration that has to do with Medicaid. As you probably know, many Florida residents require Medicaid to pay for their medical and long-term care. What you may not know is that once a Medicaid recipient dies, AHCA is legally required to try and… Read More »

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Will7

How a Personal Representative’s Bond Protects a Florida Probate Estate

By Kuhn Law Firm, P.A. |

When opening a new Florida probate estate, the court may require the personal representative to obtain a bond. The purpose of this bond is to guarantee the personal representative actually performs his or her duties in good faith. In the event the personal representative’s misconduct or negligence results in a loss to the estate,… Read More »

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Legal3

What Does It Mean to “Marshal” an Estate’s Assets?

By Kuhn Law Firm, P.A. |

One of the key tasks of estate and probate administration is “marshaling” assets. This basically means that when a new estate is opened, the personal representative is legally required to locate and take charge of any probate asset belonging to the deceased individual. If the personal representative neglects this responsibility and fails to locate… Read More »

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