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Category Archives: Estate Administration

Will6

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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Last_Will

Which Family Member Has Priority to Serve as Executor of My Estate?

By Kuhn Law Firm, P.A. |

Estate litigation is often the consequence of a person dying suddenly and without leaving a will. Different heirs and family members may assert competing legal rights in the deceased person’s estate. Florida’s intestacy laws are designed to sort out such claims, which can still require the parties to expend a good deal of time… 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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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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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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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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AssetP3

Can Your Florida Estate Collect Any Refunds Owed to You?

By Kuhn Law Firm, P.A. |

In preparing your Florida estate plan, it is generally a good idea to make a list of all the assets you presently own. This can make it easier when figuring out how to divide your property among your chosen beneficiaries. It can also give you a rough idea of how big your estate will… Read More »

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Probate3

What “Snowbirds” Need to Know About Florida Estate Planning

By Kuhn Law Firm, P.A. |

Florida has always been a welcome refuge for people looking to escape the harsh winters of colder climates. Indeed, it is common practice for many of these “snowbirds” to buy and maintain a second residence in Florida. If you are one of these people, you need to be aware of how owning real property… Read More »

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