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Planning

Miami Doctors Debate Whether to Honor DNR Order Tattooed on Patient’s Chest

By Kuhn Law Firm, P.A. |

Every Florida resident should a valid power of attorney for health care and a living will. The former names a person to make medical decisions for you or speak with your doctors if you are unable to do so. The latter provides advance instructions as to your wishes in the event you have a… Read More »

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Does Signing a Prenup Affect My Rights Under My Spouse’s Will or Trust?

By Kuhn Law Firm, P.A. |

Florida estate planning typically involves executing a will or trust. But there are other legal documents that can affect your estate plan as well. If you are married–or about to get married–you and your partner may wish to have a prenuptial or postnuptial agreement in place. Although we usually associate such agreements with divorce,… Read More »

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Challenging Tortious Interference in a Florida Will or Trust

By Kuhn Law Firm, P.A. |

Florida probate litigation frequently arises when one or more parties contest the validity of a decedent’s will or trust. Consider a situation where a decedent makes last minute changes to her will, substituting one beneficiary for another. The former beneficiary may have reason to suspect that the new beneficiary procured the new will through… Read More »

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Miami-Dade Senator Proposes Informal Process for Inheriting Bank Accounts Under $10,000

By Kuhn Law Firm, P.A. |

Florida law currently provides a number of ways to help you distribute your assets upon death without the need for formal probate. For example, you can open a joint checking account with your spouse or child, which ensures that the surviving account holder automatically inherits all of the funds (unless you provide otherwise). Alternatively,… Read More »

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U.S. House Votes to Repeal Estate Tax

By Kuhn Law Firm, P.A. |

Tax reform has been a top priority for President Donald J. Trump and Republican leaders in Congress since the start of 2017. Recently, the House of Representatives passed a comprehensive tax bill that includes an eventual repeal of the federal estate tax. While this tax currently affects just a few hundred Florida estates annually,… Read More »

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Who Is Considered a “Spouse” Under Florida Inheritance Laws?

By Kuhn Law Firm, P.A. |

Dying without a will is never a good idea, as Florida law will dictate the disposition of your probate estate. While this may initially sound like an easier way of settling your affairs, there are many potential legal disputes that may arise in an intestate estate. Having a will allows you to state definitively… Read More »

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When Can My Children Challenge My Will?

By Kuhn Law Firm, P.A. |

One of the main reasons for drafting a Florida will is to minimize the opportunity for fights among your children (or other family members) after you die. Unfortunately, even with a will things do not always go smoothly. If one of your children suspects your will was the product of undue influence or fraud,… Read More »

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Florida Supreme Court Clarifies Restrictions on Marriage Rights for Persons Under Guardianship

By Kuhn Law Firm, P.A. |

Establishing a Florida guardianship means restricting a person’s legal rights. Under Florida law, this can include removing a guardianship ward’s right to vote, hold a driver’s license, seek employment, or even marry. And even when these rights are not removed outright, the courts may still impose certain restrictions if they are deemed in the… Read More »

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How Florida’s “Slayer Statute” Can Affect Your Estate Plan

By Kuhn Law Firm, P.A. |

In the normal course of events, when you die your property passes as directed by your Florida will or trust. The courts will typically not second-guess your estate planning choices. If you want to leave a greater share of your estate to one child–or give your spouse everything and your adult children nothing–that is… Read More »

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What Are the Rules for Establishing a Florida Guardianship?

By Kuhn Law Firm, P.A. |

Florida guardianship cases must follow certain rules spelled out in state law. After all, when a guardianship is established, the subject loses certain legal rights, including the ability to make basic choices about their finances and living arrangements. It is therefore critical that the parties to a guardianship proceeding ensure the subject receives due… Read More »

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