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Category Archives: Estate Planning

WillDocument

I Already Have a Power of Attorney? Do I Also Need a Will?

By Kuhn Law Firm, P.A. |

When it comes to Florida estate planning, many people look for shortcuts. They do not appreciate the fact that different legal documents cover different situations. For example, some Florida residents think that they do not need a will or trust because they’ve already given a family member a power of attorney, and that will… 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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Guardianship

Who Can Serve as a Florida Guardian When No Family Members Are Available?

By Kuhn Law Firm, P.A. |

Florida guardianships are often necessary to protect elderly and vulnerable adults from potential exploitation. A guardianship may be especially appropriate when an adult lives alone, has no immediate family, and is unable to cope with a recent physical or mental trauma without professional assistance. In such cases, a probate court may appoint an individual… Read More »

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Agreement

Can a Relative Sign a Contract For Me Without a Power of Attorney?

By Kuhn Law Firm, P.A. |

A Florida power of attorney means there is someone with the authority to act in your name should you be unavailable. Having a power of attorney is therefore crucial if there is any need to execute a contract on your behalf. After all, you cannot be legally obligated by a contract that neither you… 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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EstPlan6

Do I Need a Florida Estate Planning Lawyer to Prepare a Florida Trust?

By Kuhn Law Firm, P.A. |

Many people come to Florida from somewhere else. If you have relocated to Florida recently, it is a good idea to consult with a local attorney to revise your existing will or trust. Although out-of-state estate planning documents are generally valid in Florida, if you do need to make any changes, it is important… Read More »

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Taxes2

Answers to Common Questions About Taxes and Your Florida Estate or Trust

By Kuhn Law Firm, P.A. |

When it comes to Florida estate planning, we often think about questions like, “Who will take care of my children?” or “Who will inherit my property?” We usually do not think about some of the secondary legal issues that may arise in the course of administering our trust or estate, such as, “Do I… Read More »

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Will5

How Do I Challenge the Validity of a Will in Florida?

By Kuhn Law Firm, P.A. |

There are a number of situations where a party may need to contest the validity of a Florida will. One legal tool that a party may use to protect its interests is the filing of a “caveat.” This is essentially a notice filed with the probate court reserving the right to be notified if… 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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