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Category Archives: Estate And Probate Administration

Lawsuit

Can a Deceased Person File a Lawsuit in Florida?

By Kuhn Law Firm, P.A. |

One area of estate and probate administration that often confuses people is the status of any lawsuits–or potential lawsuits–involving the deceased individual. To set the record straight, a dead person cannot sue in Florida courts. But that does not mean that any lawsuit pending at the time of the person’s death goes away, or… Read More »

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EstateAdmin

Florida Courts Divided Over Homestead Exemptions for Co-Ops

By Kuhn Law Firm, P.A. |

Florida provides a generous homestead exemption for its residents. This exemption means that most creditors cannot force the sale of a person’s primary residence in order to satisfy a debt. The homestead exemption also imposes certain restrictions on the “descent and devise” of a primary residence via a will or trust. Judges Ask Supreme… Read More »

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Will8

Is a Florida Estate Required to Pay Final Medical Expenses Without Proper Documentation?

By Kuhn Law Firm, P.A. |

It is not uncommon for a person to die leaving several outstanding bills or debts, including their final medical expenses. One of the key tasks of probate administration is to ensure any valid debts are paid using the available resources of the decedent’s estate. Of course, the personal representative is not required to pay… Read More »

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EstPlan9

Florida Supreme Court Approves Technical Amendments to Probate Rules

By Kuhn Law Firm, P.A. |

The Florida Supreme Court recently approved some technical amendments to the rules governing probate proceedings in the state. While these amendments do not significantly alter existing law, they provide a good opportunity to explain the basics of filing a petition for administration–i.e., the first step in seeking opening a formal probate estate after someone… Read More »

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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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