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Recent Blog Posts

Will5

Will Florida Accept My Handwritten Will?

By Kuhn Law Firm, P.A. |

There is a famous story in Canadian estate planning law about a farmer who died in 1948 after getting pinned underneath his own tractor. The day after the farmer died, neighbors noticed some writing on the side of the tractor. It turned out the dying farmer used his pocket knife to scratch out a… Read More »

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EstatePlanning3

Does My Estate Have to File Tax Returns After I Die?

By Kuhn Law Firm, P.A. |

An often overlooked component of estate and probate administration is addressing any outstanding tax liabilities of the deceased person. This can be more complicated than you might think. With respect to federal income taxes, your personal representative may need to file two separate returns: one for you as a deceased individual, and one for… Read More »

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EstPlan7

Who Is the “Qualified Beneficiary” of a Trust?

By Kuhn Law Firm, P.A. |

Trust disputes often arise between the beneficiaries of the trust. According to Florida law, a beneficiary is “a person who has a present or future beneficial interest in a trust, vested or contingent, or who holds a power of appointment over trust property in a capacity other than that of trustee.” There is also… Read More »

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Planning

Who Is Considered an “Interested Person” in My Estate?

By Kuhn Law Firm, P.A. |

A common issue in Florida estate and probate administration is determining who qualifies as an “interested person.” This is a legal term used to describe someone who may be affected by the outcome of an estate administration. An interested person has certain legal rights within the probate process, so it is important to understand… Read More »

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DocKeysMoney

Is My Revocable Trust Liable for My Personal Debts?

By Kuhn Law Firm, P.A. |

A trust is a vehicle for disposing of your assets without the need for probate after you die. It is, at least in the case of revocable trusts, not a mechanism to shield your assets from creditors. The reason for this is simple: As long as you have the power to revoke the trust,… Read More »

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Probate2

How Does a “Tenancy by the Entirety” Work in Florida?

By Kuhn Law Firm, P.A. |

One way that married couples can leave an asset to one another without the need for probate is by holding the property as “tenants by the entirety.” This is a special form of property ownership exclusively available to married co-owners, although it is similar to a joint tenancy with right of survivorship. With a… Read More »

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PaternityTest

Is There a Time Limit to Establish Paternity in a Probate Case?

By Kuhn Law Firm, P.A. |

A common source of estate litigation is paternity claims. That is to say, individuals claiming to be a child of the deceased claim a share of the parent’s estate. In cases where the parent died intestate–without leaving a will–the children have certain inheritance rights under law. And this includes any children born outside of… Read More »

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EstPlan6

Can I Continue My Child’s Lawsuit After Their Death?

By Kuhn Law Firm, P.A. |

One reason it is important to have Florida will is that it may be necessary to continue litigation after your death. Let’s say you are involved in a civil litigation matter. If you die unexpectedly while the case is still pending, your estate would have to step in and continue the case for you…. Read More »

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Will6

Florida Supreme Court Clarifies When Presumption of Paternity May Be Challenged

By Kuhn Law Firm, P.A. |

Florida probate law provides for the inheritance rights of children of a parent who dies without leaving a will–i.e., an “intestate estate.” Florida law makes no distinction between children born in or out of wedlock. But with respect to the father’s estate, the child’s paternity must be established, either by court order or a… Read More »

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EstatePlan7

Can You Sue Someone for “Interfering” with Your Inheritance?

By Kuhn Law Firm, P.A. |

Disinheriting a child often leads to hurt feelings and, in some cases, legal action after a parent’s death. Although there is no legal reason you cannot disinherit your own child, if the disinheritance is the result of another person’s undue influence, the child may have standing to contest your will or trust. And Florida… Read More »

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