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Monthly Archives: August 2019

EstPlan10

What Is a Qualified Terminable Interest Property (QTIP) Trust?

By Kuhn Law Firm, P.A. |

There are many reasons a married couple may wish to create a trust as part of their estate plan. In some cases, a trust can offer certain tax benefits. But on a more personal level, a trust can help manage a more complex family situation, especially those involving multiple marriages or children from different… Read More »

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NursingH8

Is Medical Malpractice a Form of Elder Abuse in Florida?

By Kuhn Law Firm, P.A. |

Florida law provides strong protections against elder abuse. For example, under Section 415.1111 of the Florida Statutes, if a “vulnerable adult” has been abused, they can file a civil lawsuit “against any perpetrator and may recover actual and punitive damages for such abuse, neglect, or exploitation.” However, it is important to note that this… Read More »

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ElderLaw4

Can a Florida Judge Appoint a Guardian Without First Conducting a Hearing?

By Kuhn Law Firm, P.A. |

An adult guardianship is often necessary to ensure someone has the ability to make legal, financial, and health care decisions for a physically or mentally incapacitated adult. But requesting a guardianship can be contentious, especially when the allegedly incapacitated adult objects. And even where there is evidence of incapacity, the courts must still respect… Read More »

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Lit2

Does Florida Permit Lawsuits for “Tortious Interference” with an Expected Inheritance?

By Kuhn Law Firm, P.A. |

There is a special type of claim that occasionally comes up in probate law known as “tortious interference.” Let’s say Lewis makes a will leaving his estate to his daughter Sarah. But Lewis subsequently makes a new will disinheriting Sarah. Sarah believes her father’s change-of-heart was due to the fact he was under the… Read More »

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Planning2

Do I Need to Include Intellectual Property in My Estate Plan?

By Kuhn Law Firm, P.A. |

When a famous singer dies, you often hear news reports about the legal fate of their song catalog or other “intellectual property” (IP) rights. Many of us do not consider IP when making our own estate plan. But even if you never became a millionaire writing books or inventing new technologies, you might still… Read More »

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CollegeStudent

Does My College-Bound Child Need an Estate Plan?

By Kuhn Law Firm, P.A. |

For many Florida parents, the relief of watching their children graduate from high school will quickly turn to apprehension as they go off to college this fall. In addition to starting at a new school, these college-bound kids are now (mostly) legal adults. What does this mean in terms of estate planning? Does your… Read More »

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EstPlan18

How Your LLC May Affect Your Estate Plan

By Kuhn Law Firm, P.A. |

Many Floridians own their own business. But what happens to such business, at least from a legal standpoint, if the owner suddenly passes away? The answer to this question depends greatly on the business’ legal structure and governing documents. Let’s take a relatively simple example. Abigail and Leah decide to start a consulting business… Read More »

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EstPlan17

What Is Your “Domicile” for Estate Planning Purposes?

By Kuhn Law Firm, P.A. |

Where you live at the time of the death plays a critical role in the administration of your probate estate. This is because your “domicile” normally determine what state’s law applies to the probate proceedings. For example, if Mary owned homes in Florida and South Carolina but lived full-time in her Florida house when… Read More »

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