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Category Archives: Estate And Probate Administration

SigningWill

Understanding the Limits of a Revocable Trust in Florida

By Kuhn Law Firm, P.A. |

Revocable trusts are commonly used in Florida estate planning to help streamline the probate process. Assets you put into such a trust are not considered part of your probate estate. This means that after you die, your trust can distribute these assets to your beneficiaries without going through the formalities of a court-supervised probate…. Read More »

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PersRep

What Does It Mean to “Escheat” a Florida Estate?

By Kuhn Law Firm, P.A. |

There are a number of confusing legal terms surrounding estate and probate administration in Florida. One such term you may have come across is “escheat.” What does this word mean? And how could it affect your own estate, or even the estate of a family member who recently died? The word “escheat” actually dates… 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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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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EstPlan17

What Does a Personal Representative Do?

By Kuhn Law Firm, P.A. |

You have no doubt heard the term “personal representative” used in connection with a person’s probate estate. But what does this person actually do? And can anyone do it? Or do you need any sort of special license or training? Here are some basic answers to these questions: The Job of the Personal Representative… Read More »

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EstPlan9

Why Do You Need to Notify Social Security of a Person’s Death?

By Kuhn Law Firm, P.A. |

One of the first tasks of probate and estate administration is notifying Social Security of the decedent’s passing. This is critical because it may be necessary to return a Social Security payment made after the date of death. Typically, if the decedent had a funeral, then the funeral home will make this notification. But… 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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