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Category Archives: Estate And Probate Administration

Planning

How Does a Charitable Lead Trust Work?

By Kuhn Law Firm, P.A. |

Charitable gifts are commonly used in estate planning to help reduce the size of a person’s taxable estate while still providing for their families. For example, many Florida residents create charitable remainder trusts. This is a special type of irrevocable trust where the person making the trust–known as the grantor–transfers assets to a trustee…. Read More »

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What Is a “Stepped Up Basis,” and How Does It Affect My Estate Planning?

By Kuhn Law Firm, P.A. |

One aspect of estate and probate administration that many Florida residents do not fully appreciate (or even understand) is the “stepped up in basis” applicable to many types of inherited property. This is a legal concept tied to capital gains taxes, which itself is a subject that confuses many people. With that in mind,… Read More »

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Will My Probate Estate Still Have to Pay Back My Student Loans?

By Kuhn Law Firm, P.A. |

Student loan debt is a major problem in Florida. According to a January report from the South Florida Sun-Sentinel, the total amount of outstanding student loan debt in the state “ballooned 35 percent to $89.4 billion between the third quarter of 2015 and the same period in 2018,” citing figures from Experian. Unlike most… Read More »

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Inheritance

Can You Turn Down an Inheritance?

By Kuhn Law Firm, P.A. |

For many people, an inheritance is a mixed blessing. Obviously, nobody wants to lose a family member, but it is still gratifying to learn you are entitled to receive part of their estate. On the other hand, you may simply not want the inheritance. Perhaps you were not particularly close to the deceased family… Read More »

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Can a Deceased Medicaid Recipient’s Estate Challenge the Amount of an AHCA Lien?

By Kuhn Law Firm, P.A. |

There is an issue that often comes up in Florida probate administration that has to do with Medicaid. As you probably know, many Florida residents require Medicaid to pay for their medical and long-term care. What you may not know is that once a Medicaid recipient dies, AHCA is legally required to try and… Read More »

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How a Personal Representative’s Bond Protects a Florida Probate Estate

By Kuhn Law Firm, P.A. |

When opening a new Florida probate estate, the court may require the personal representative to obtain a bond. The purpose of this bond is to guarantee the personal representative actually performs his or her duties in good faith. In the event the personal representative’s misconduct or negligence results in a loss to the estate,… Read More »

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What Does It Mean to “Marshal” an Estate’s Assets?

By Kuhn Law Firm, P.A. |

One of the key tasks of estate and probate administration is “marshaling” assets. This basically means that when a new estate is opened, the personal representative is legally required to locate and take charge of any probate asset belonging to the deceased individual. If the personal representative neglects this responsibility and fails to locate… Read More »

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EPlan1

How an Irrevocable Trust Can Lead to Litigation

By Kuhn Law Firm, P.A. |

Although many Florida estate planning trusts are revocable by the settlor–i.e., the person making the trust–there are also situations where an irrevocable trust may be used instead. As the name implies, an irrevocable trust cannot simply be amended or ended by the settlor at-will. And in fact, if there are problems with the administration… Read More »

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How Is a Florida Estate Distributed If There Is No Will?

By Kuhn Law Firm, P.A. |

There is no good reason not to have a will or trust. A good estate plan ensures your property is distributed according to your wishes after you pass away. But if for some reason you do not leave a will (or place your property into a trust), Florida law determines what happens to your… Read More »

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Can I Use a “No-Contest” Clause in My Florida Will or Trust?

By Kuhn Law Firm, P.A. |

One of the biggest reasons people make an estate plan is to minimize the potential for litigation among family members. You have no doubt seen stories in the news about heirs fighting for years in court over a loved one’s estate. In some of these cases they are not even fighting over a particularly… Read More »

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