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Category Archives: Estate Administration

EstPlan5

When Can Someone Be Declared Legally Dead in Florida?

By Kuhn Law Firm, P.A. |

The administration of a Florida probate estate can only begin once the person in question is deceased. That seems like common sense. But how does Florida law address cases where an individual is missing and presumed dead but there is no body or other concrete proof of death? Under Section 731.103 of the Florida… Read More »

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Legal3

Frequently Asked Questions About Summary Administration in Florida

By Kuhn Law Firm, P.A. |

Florida probate is the process by which property is transferred from a deceased individual (the decedent) to his or her beneficiaries. A formal probate administration can take several months–even years–depending on the complexity of the decedent’s estate. However, in some cases Florida law provides for a simplified probate process known as summary administration. Here… Read More »

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Planning

How Do I Make a Florida Estate Planning Gift to a Child?

By Kuhn Law Firm, P.A. |

A common question we get is, “How do you leave money or property to a minor?” For example, say you want to leave your currently 12-year-old niece a $5,000 gift in your will. If you die before she reaches adulthood, how would that money be handled? One option provided by Florida law is a… Read More »

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EstatePlanning5

What Happens to Civil Lawsuits I Filed After I Die?

By Kuhn Law Firm, P.A. |

Even if you do not own much in the way of property, you still need to have a valid Florida will if for no other reason than to ensure there is a personal representative to take charge of your affairs as soon as possible after your death. While Florida law does provide for the… Read More »

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EstPlan4

Miami-Dade Senator Proposes Informal Process for Inheriting Bank Accounts Under $10,000

By Kuhn Law Firm, P.A. |

Florida law currently provides a number of ways to help you distribute your assets upon death without the need for formal probate. For example, you can open a joint checking account with your spouse or child, which ensures that the surviving account holder automatically inherits all of the funds (unless you provide otherwise). Alternatively,… Read More »

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Undue Influence

By Kuhn Law Firm, P.A. |

Undue Influence Has a loved one’s will been changed without your knowledge? Was your inheritance written out? Are you concerned that someone has been conspiring to get the inheritance for themselves? If so, it is possible that you might have a legal claim of Undue Influence and a chance to void the will. Undue… Read More »

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A standalone will plus a testamentary trust can simplify probate

By Kuhn Law Firm, P.A. |

Sometimes a person creates a pour-over will that is supposed to place their remaining assets in a revocable trust, they sometimes fail to first fund that trust. However, merely having such a trust can simplify the probate process. This is because the executor of the person’s estate, as the trustee, may be able to… Read More »

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What happens when there’s a title issue with your home?

By Kuhn Law Firm, P.A. |

Most people barely notice the cost of their title insurance premium when they are closing on their home. After all, compared to the six-figure price tag of your home, that $1,500 or so seems unimportant. However, that title insurance premium can help protect you from the loss of your most important investment and biggest… Read More »

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How long does the probate process take in Florida?

By Kuhn Law Firm, P.A. |

After a person in Florida passes away, there are certain legalities that must be met. Unless a person has a trust, his or her property will have to go through the probate process. This is true if a person had a will, or if he or she died without a will (known as intestacy.)… Read More »

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Three tips for executors facing a will challenge

By Kuhn Law Firm, P.A. |

Getting named as an executor or executrix of a will is a serious responsibility. These responsibilities are put to the test when the will in question is challenged. What leads to a will challenge? A will can be challenged for a number of reasons. Two of the more common instances that result in ac… Read More »

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