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Monthly Archives: May 2019

Assets

What Happens If I Discover a Deceased Relative Has Unclaimed Property in Florida?

By Kuhn Law Firm, P.A. |

Not every death leads to the opening of a formal probate estate. There are situations where a Florida court may instead approve a shortened process known as summary administration. Generally, summary administration is appropriate when the deceased has been dead for more than two years or the net value of the estate–assets less any… Read More »

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EstPlan7

Why Does an Estate or Trust Need Its Own Tax ID Number?

By Kuhn Law Firm, P.A. |

One of the more complicated ideas that non-legal persons struggle with in the estate and probate administration process is the need for separate tax identification numbers. As you probably know, when you file your individual federal income tax return (Form 1040) each year, you need to include your Social Security number. This also functions… Read More »

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PetTrust

Should I Set Up a Trust for My Pet?

By Kuhn Law Firm, P.A. |

For many Florida residents, their top estate planning priority is providing for their spouse or children. But what about pets? After all, it is not unusual for an animal to outlive their human master. Indeed, certain common pets such as parrots can live for decades. So what is the best way to ensure your… Read More »

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EstPlan14

Does It Matter If My Power of Attorney Is “Durable”?

By Kuhn Law Firm, P.A. |

Not all powers of attorney are created the same. Under Florida law, there is a special type of document known as a “durable” power of attorney. What makes this different from a regular power of attorney? The answer has to do with the capacity of the person signing the power of attorney–or more precisely,… Read More »

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EstPlan6

Where Is a Trust Located?

By Kuhn Law Firm, P.A. |

There are many decisions you need to make when creating a trust. One of the more critical ones is deciding the trust’s location or “situs” for legal purposes. In other words, what state will have jurisdiction over your trust and its property? For many Florida residents, that should not be a difficult question. If… Read More »

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Planning

How Does a Charitable Lead Trust Work?

By Kuhn Law Firm, P.A. |

Charitable gifts are commonly used in estate planning to help reduce the size of a person’s taxable estate while still providing for their families. For example, many Florida residents create charitable remainder trusts. This is a special type of irrevocable trust where the person making the trust–known as the grantor–transfers assets to a trustee…. Read More »

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Trusts

What Are Totten Trusts?

By Kuhn Law Firm, P.A. |

Trusts are often confusing to people who are thinking about making an estate plan. One reason is that there are many different types of trusts. And something may even be called a “trust” even though it does not involve a great deal of formal paperwork to establish. Using Payable-on-Death Accounts to Bypass Probate For… Read More »

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FathSon

Stories of Florida Guardianship Abuses Continue to Mount

By Kuhn Law Firm, P.A. |

An important consideration when making an estate plan is avoiding the potential need for a guardianship if you become incapable of managing your own affairs. Setting up a trust and other estate planning documents, such as a trust and a power of attorney, can go a long way towards protecting your rights. Unfortunately, even… Read More »

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Couple

What Is a “Stepped Up Basis,” and How Does It Affect My Estate Planning?

By Kuhn Law Firm, P.A. |

One aspect of estate and probate administration that many Florida residents do not fully appreciate (or even understand) is the “stepped up in basis” applicable to many types of inherited property. This is a legal concept tied to capital gains taxes, which itself is a subject that confuses many people. With that in mind,… Read More »

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How a Defective Deed Can Lead to Probate Problems Later

By Kuhn Law Firm, P.A. |

One goal of estate planning can be to reduce the size of your probate estate. For example, you might decide to transfer your house or other valuable property to a trust before your death. This way the house is not considered part of your probate estate, although it may still be treated as your… Read More »

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