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Category Archives: Estate Planning

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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EstatePlanning5

Florida’s Homestead Tax Exemption and Your Probate Estate

By Kuhn Law Firm, P.A. |

Your primary residence or “homestead” enjoys a number of special protections under Florida law. For example, most unsecured creditors cannot force you to sell your homestead in order to pay off your debts. This exemption, which is provided in the Florida Constitution, extends to your spouse or minor children if they continue living in… Read More »

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EstPlan5

What Happens If My Child Dies Before Receiving Their Share of My Trust?

By Kuhn Law Firm, P.A. |

During the process of creating a will or trust, you may need to consider certain contingencies. For instance, say your plan is to leave everything to your children. What happens if one of your children dies before (or shortly after) you do? Will their share of your estate to go to their descendants? Or… Read More »

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Gift

Dead Hand Control: Can You Condition a Gift on a Will or Trust on Who a Beneficiary Marries?

By Kuhn Law Firm, P.A. |

There is a trope you see in old movies where a person stands to inherit a great fortune from a deceased relative provided they “spend a night in a haunted house.” While this exact scenario may not occur in real life, there is a legal concept known as “dead hand control,” where a person… Read More »

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EstatePlanning2

Understanding the Scope of a Florida Power of Attorney

By Kuhn Law Firm, P.A. |

A power of attorney can be broad or limited in its scope. In other words, you may use a power of attorney to authorize someone to act as your agent only for certain specified matters. Conversely, you can sign a more general power of attorney that allows your agent to make pretty much any… Read More »

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EstatePlanning4

Where Is My Estate Located If I Own Residences in Different States?

By Kuhn Law Firm, P.A. |

The process of administering a probate estate is closely tied to location. In Florida, a probate estate is normally opened in the county where the deceased individual resided. But what about someone who owns homes in multiple states–or even multiple countries? How does the executor know where to open the estate? Domicile vs. Residence… Read More »

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BusLaw6

What Is an “Elective Share” and What Happens If My Spouse Waives It?

By Kuhn Law Firm, P.A. |

Something all married couples need to think about when making their estate plan is Florida’s “elective share” rule. This refers to a state law that authorizes the surviving spouse to claim a 30-percent share of a deceased spouse’s elective estate–i.e., any property that would normally be disposed of by will or trust. It is… Read More »

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Bankr24

Can I Be Held Personally Responsible for a Deceased Family Member’s Debts?

By Kuhn Law Firm, P.A. |

Many of us are at our most vulnerable in the days following a family member’s death. Unfortunately, some debt collectors try to prey upon this grief by contacting these same family members in an attempt to obtain the money they are owed. In some cases, these collectors may try and convince family members that… Read More »

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EstPlanning

Can a Florida Probate Estate Be Reopened?

By Kuhn Law Firm, P.A. |

Estate and probate administration is usually a straightforward process. The executor of the estate gathers a deceased individual’s assets, pays any final debts and administrative expenses, and distribute any remaining property to the decedent’s heirs or beneficiaries. At this point the estate is then closed with the probate court. Reopening an Estate to Interpret… Read More »

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EstPlan4

Court Approves Transfer of Former Attorney General Reno’s Historic Miami Home to College

By Kuhn Law Firm, P.A. |

Estate planning is often used as a vehicle to make charitable gifts. For example, perhaps you wish to leave your favorite charity a certain amount of cash in your will. In most cases, the charity will welcome such gifts. But what happens when a charity rejects a gift? This often comes up when a… Read More »

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