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Monthly Archives: October 2019

Gift

Dead Hand Control: Can You Condition a Gift on a Will or Trust on Who a Beneficiary Marries?

By Kuhn Law Firm, P.A. |

There is a trope you see in old movies where a person stands to inherit a great fortune from a deceased relative provided they “spend a night in a haunted house.” While this exact scenario may not occur in real life, there is a legal concept known as “dead hand control,” where a person… Read More »

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Bank_Elder

Can Your Estate File for Bankruptcy After You Die?

By Kuhn Law Firm, P.A. |

Many Florida residents will pass away leaving behind some amount of debt. In some cases, the debts may exceed the deceased person’s assets. You might wonder how the law deals with such scenarios. For instance, could the executor of an insolvent estate file for bankruptcy protection? The short answer to this question is “no.”… Read More »

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EstPlan20

Should I Form a Limited Liability Company as Part of My Florida Estate Plan?

By Kuhn Law Firm, P.A. |

When you die, any real property you own is subject to probate in the state of its location. This can make estate administration more complex, especially if you own residences or buildings in more than one state. For example, let’s say you spend most of the year living in your home in New Jersey… Read More »

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EstPlan19

What Is the Time Limit for a Creditor Claim Against a Florida Estate?

By Kuhn Law Firm, P.A. |

One of the main functions of estate and probate administration in Florida is to provide an orderly process for paying off a deceased person’s debts. The personal representative of an estate is required to notify any creditors they are aware that an estate has been opened. The estate must also publish a public notice… Read More »

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Lawyer4

Legal Battle Over Miami Artist’s Paintings Continue Nine Years After His Death

By Kuhn Law Firm, P.A. |

When a Florida court establishes a guardianship for a living ward’s property, the guardian continues to act in that role even after the ward’s death. The guardian must first apply for a formal discharge from the guardianship court before any remaining property can be transferred to the ward’s probate estate. The guardian is also… Read More »

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EstatePlanning2

Understanding the Scope of a Florida Power of Attorney

By Kuhn Law Firm, P.A. |

A power of attorney can be broad or limited in its scope. In other words, you may use a power of attorney to authorize someone to act as your agent only for certain specified matters. Conversely, you can sign a more general power of attorney that allows your agent to make pretty much any… Read More »

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EstateWill

Can You Challenge the Administration of a Florida Trust Even If You Are Not a Beneficiary?

By Kuhn Law Firm, P.A. |

When property is placed into a trust, the trustee is responsible for administering that property as directed by the original trust document. If the trustee does not live up to their responsibilities, the beneficiaries of the trust may file a civil lawsuit against the trustee. But what about individuals who might stand to benefit… Read More »

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EstProbate

Why Does a Florida Estate Need Its Own Bank Account?

By Kuhn Law Firm, P.A. |

Something that often confuses people about Florida probate administration is the need to open a separate bank account for a deceased individual’s estate. For example, let’s say your grandmother recently passed away and you were named personal representative for her estate. She had several outstanding bills at the time of her death that still… Read More »

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