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Category Archives: Estate Planning

EstPlan6

Where Is a Trust Located?

By Kuhn Law Firm, P.A. |

There are many decisions you need to make when creating a trust. One of the more critical ones is deciding the trust’s location or “situs” for legal purposes. In other words, what state will have jurisdiction over your trust and its property? For many Florida residents, that should not be a difficult question. If… Read More »

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EstPlan11

How a Defective Deed Can Lead to Probate Problems Later

By Kuhn Law Firm, P.A. |

One goal of estate planning can be to reduce the size of your probate estate. For example, you might decide to transfer your house or other valuable property to a trust before your death. This way the house is not considered part of your probate estate, although it may still be treated as your… Read More »

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EstPlan8

Do I Have to Leave My House to My Spouse or Children After I Die?

By Kuhn Law Firm, P.A. |

As a general principle, you are free to distribute your property as you see fit via a will or trust. But in Florida law, there is a critical exception for “homestead” property, i.e., your primary residence. Article X of the Florida Constitution provides special protections and restrictions on homestead property. The protections include an… Read More »

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Bankr20

What Happens If Someone Dies While in Bankruptcy Proceedings?

By Kuhn Law Firm, P.A. |

One estate planning scenario you have probably never considered is death and bankruptcy. In other words, let’s say you file for bankruptcy protection but suddenly pass away while the case is still pending. Does the bankruptcy case die with you? And what happens to your estate? Chapter 7 vs. Chapter 13 Bankruptcy Cases To… Read More »

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Taxes2

Estate Tax Poised to Be Significant Issue in 2020 Elections

By Kuhn Law Firm, P.A. |

The federal gift and estate tax is one of those estate planning issues that remains a source of perpetual political debate. Although the vast majority of Florida residents will never even have to think about potential estate tax liability, politicians on both sides continue to push proposals to either expand or eliminate the tax…. Read More »

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Password

Have You Thought About Passwords as Part of Your Estate Planning?

By Kuhn Law Firm, P.A. |

When most people think about creating an estate plan, they consider tasks like drafting a will or signing a power of attorney. But here’s one critical step you probably would never associate with estate planning–keeping track of your passwords. And even more importantly, making sure your future personal representative or agent can access those… Read More »

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EstatePlan7

How Florida Law Prevents Killers from Inheriting Their Victims’ Estates

By Kuhn Law Firm, P.A. |

How many times have you watched a TV crime drama where someone murdered the victim so the killer could inherit the estate? In real life, it is not that simple. In Florida, there is a law commonly known as the “Slayer Statute,” which basically says you cannot “unlawfully and intentionally” kill someone and then… Read More »

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EstPlan12

How Is a Living Trust Different from a Testamentary Trust?

By Kuhn Law Firm, P.A. |

The word “trust” gets thrown around a lot in estate planning. Many Florida residents are not exactly sure what a trust is or how it works. And they almost certainly do not understand all of the different kinds of trusts that may be used as part of a comprehensive estate plan. This post will… Read More »

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EstPlan11

Understanding the Role of an “Agent” Under Your Power of Attorney

By Kuhn Law Firm, P.A. |

When you hear the term “agent,” your first thought might be a real estate agent–someone you hire to sell your house on your behalf. But there are other types of agents, especially in the context of estate planning. For example, if you have a power of attorney–and you should have one–that document names an… Read More »

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Executor

Own a Florida Business? Make Sure You Name the Right Executor for Your Estate

By Kuhn Law Firm, P.A. |

When you own a business, its debts do not die with you. Instead, they must be addressed as part of the probate administration process. This means that you need to make sure the executor or personal representative named in your will is capable of handling or winding up the affairs of your business–otherwise your… Read More »

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