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Category Archives: Estate Planning

Trusts

Can Another State Order My Executor to Sell My Florida Home?

By Kuhn Law Firm, P.A. |

One of the cardinal principles of probate in the United States is that it a state-specific process. That is to say, when a Florida resident dies, their estate is subject to probate in Florida, at least with respect to any property that is located or situated within this state. If a Florida resident owns… Read More »

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EstPlan21

Recent Twitter Uproar Highlights Problem of Deceased User’s Accounts

By Kuhn Law Firm, P.A. |

Twitter recently faced criticism from its users after the social media network revealed plans to delete accounts that had been inactive for at least six months. As National Public Radio noted, the announcement “sparked a mass panic” from users who “returned to the platform for the sole purpose of saving their accounts.” But there… Read More »

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Are There Assets You Cannot (or Should Not) Put Into a Revocable Trust?

By Kuhn Law Firm, P.A. |

A living trust allows you to keep certain assets out of the Florida probate process after you die. But there are certain assets that, for one reason or another, cannot or should not be placed into a living trust. Here are some examples. Retirement Accounts If you have a 401(k), 403(b), IRA, or qualified… Read More »

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Why Did President Trump Change His Residence from New York to Florida?

By Kuhn Law Firm, P.A. |

President Donald J. Trump recently announced he was becoming a Florida resident. Although Trump has long been associated with the Sunshine State through his ownership of the Mar-a-Lago club in Palm Beach, the 73-year-old is arguably one of New York State’s most famous residents. And given that Trump spends most of his time these… Read More »

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What Types of Assets Can I Place in a Florida Trust?

By Kuhn Law Firm, P.A. |

In estate planning, we often assist clients with creating revocable trusts. This is a legal device that allows you to retain control over your assets during your lifetime. But after you die, the assets remain in trust under the control of a successor trustee. Trust assets do not pass as part of your probate… Read More »

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EstPlan6

When Does a Florida Power of Attorney Expire?

By Kuhn Law Firm, P.A. |

A power of attorney is a document that delegates authority from one person to another. For example, you might have a power of attorney authorizing an agent to sell your house while you are out of the state. In estate planning, it is common practice to sign what is known as a durable power… Read More »

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Why Is It a Bad Idea to Write My Own Will?

By Kuhn Law Firm, P.A. |

Many Florida residents find the prospect of writing a will or creating an estate plan to be overwhelming. And as is often the case with such tasks, people frequently think about taking shortcuts. This often leads to thinking like, “I don’t need to contact a lawyer, I can write my own will!” Indeed, there… Read More »

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What Is a “Payable on Death” Account?

By Kuhn Law Firm, P.A. |

Normally when you die, the money in your bank account is considered a probate asset, meaning it is distributed in accordance with the terms of your will. But it is possible to keep your bank account out of the probate process by designating a “payable on death” (POD) beneficiary with your bank. POD accounts… Read More »

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Who Has the Legal Right to Plan a Person’s Funeral?

By Kuhn Law Firm, P.A. |

A sudden, unexpected death in the family can leave the survivors struggling to answer some basic questions about what steps to take next. For example, who will plan the funeral? Did the deceased leave any instructions about how they wished to be honored or buried? And who even has the legal right to make… Read More »

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EstPlan18

What Is a “Self-Proving” Will?

By Kuhn Law Firm, P.A. |

You probably know that in order for a last will and testament to be legal, it needs to be witnessed. Specifically, Florida law requires all valid wills to be signed in the presence of at least two witnesses. The witnesses can be any legally competent adult, including someone who is named as a beneficiary… Read More »

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