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Category Archives: Estate Administration

EstatePlan4

Can My Florida Trust Be Modified After I Die?

By Kuhn Law Firm, P.A. |

Generally speaking, if you create a revocable living trust as part of your estate plan, the trust becomes irrevocable upon your death. In other words, your successor trustee cannot unilaterally modify the terms of the trust. In some situations, however, a Florida probate court can “modify the terms of a trust” if it is… Read More »

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EstatePlan7

Is the Executor of My Estate Entitled to Compensation?

By Kuhn Law Firm, P.A. |

A personal representative (or executor) is the person charged with overseeing the administration of your probate estate. This is often a family member, but it can also be your attorney or even a professional fiduciary. Regardless of whom you appoint as your personal representative, you should be aware of how Florida law provides for… Read More »

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Planning

Who Is Considered a “Surviving” Spouse Under Florida Law?

By Kuhn Law Firm, P.A. |

An issue that frequently comes up in Florida estate and probate administration is the need to seek damages against the person or persons responsible for the decedent’s death. Like most states, Florida has a wrongful death statute. This authorizes the personal representative of a decedent’s estate to file a lawsuit against the negligent parties… Read More »

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Will4

Can My Relatives Claim My House Even If My Will Says Otherwise?

By Kuhn Law Firm, P.A. |

Clarity is crucial when making a last will and testament. If there is any ambiguity in the terms of your will or a related estate planning document, your heirs or relatives might try to take advantage of the situation after your death. In effect, they could attempt to argue that you did not say… Read More »

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ElderLaw

What Happens to My Florida Estate If I Have No Estate Plan or Living Relatives?

By Kuhn Law Firm, P.A. |

If you fail to create an estate plan during your lifetime, there is a chance that your property will be turned over to the State of Florida upon your death. The legal term for this is “escheat.” Under Section 732.107 of the Florida Statutes, “When a person dies leaving an estate without being survived… Read More »

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EstPlan4

How the Medicare Secondary Payer Rule Can Impact Your Florida Estate

By Kuhn Law Firm, P.A. |

One potentially critical task for your probate estate is managing any litigation arising from your death. Unfortunately, many Floridians die each year due to acts of negligence or medical malpractice. The task of seeking damages against the responsible parties often falls to the estate, which is why it is so important to name someone… Read More »

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Document

What Are the Surviving Spouse’s Rights in the Family Home?

By Kuhn Law Firm, P.A. |

Normally a Florida resident is free to dispose of his or her property through a will as they see fit. But there are special rules that apply to a person’s primary residence or “homestead.” The Florida Constitution actually restricts the “devise”–or transfer by will–of a homestead if the owner has a surviving spouse or… Read More »

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ElderLaw2

What Happens When One Florida Estate Sues Another Florida Estate?

By Kuhn Law Firm, P.A. |

One of the key objectives of Florida probate administration is disposing of potential claims by and against the estate. In the latter case, the personal representative or administrator has a legal duty to pay all valid debts incurred by the deceased. At the same time, the estate must also take legal steps in order… Read More »

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EstatePlan7

Can a Stepchild Inherit From a Florida Estate?

By Kuhn Law Firm, P.A. |

Dying without a Florida will means your probate estate will pass under the state’s intestacy laws. Many people do not see the problem with this. Say you are unmarried and are survived by two children. Under Florida intestacy law, your children would automatically inherit your entire estate in the absence of a will. Sounds… Read More »

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Insurance5

Have You Reviewed Your Life Insurance Beneficiary Designations Lately?

By Kuhn Law Firm, P.A. |

An important aspect of Florida estate planning is reviewing–and when necessary, revising–any beneficiary designations on assets such as life insurance or retirement accounts. Keep in mind, when an asset is deemed payable to a named beneficiary, it does not pass as part of your Florida probate estate. So even if you execute a new… Read More »

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