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Category Archives: Estate Planning

WillDocument

Can Sending a Text Message Create a Valid Will?

By Kuhn Law Firm, P.A. |

Modern technology emphasizes convenience. Using our phones, we can do just about everything: order food, listen to music, read and revise business documents, et cetera. But some things still need to be done in writing–that is, on paper and not an iPad. This includes making your last will and testament. While it is certainly… Read More »

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EstatePlanning5

Can My Ex-Spouse Still Inherit from My Estate If I Never Changed My Will?

By Kuhn Law Firm, P.A. |

Estate planning is often an overlooked detail when a couple divorces. In many (if not most) cases, a person does not want to keep their ex-spouse as the beneficiary or personal representative under their will. This is why an experienced Florida estate planning lawyer will always advise a client to update a will after,… Read More »

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Document

Is It a Good Idea to Add My Child’s Name to My Bank Account?

By Kuhn Law Firm, P.A. |

When it comes to estate planning, many Florida residents look for shortcuts. And while there are certain legal tools you can use to minimize the burden of the probate process for your heirs, you need to think carefully before taking steps that might actually make things worse for you while you are still alive…. Read More »

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Trustee

How Private Is a Florida Trust?

By Kuhn Law Firm, P.A. |

There are many reasons that Florida residents choose to create a living trust as part of their estate plan. One commonly cited motive is the desire to keep their affairs private. But just how private is a Florida trust? Wills vs. Trusts Compared to a traditional last will and testament, a well-drafted trust offers… Read More »

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EstatePlan6

When Is Summary Administration of a Florida Estate Justified?

By Kuhn Law Firm, P.A. |

There are situations where formal probate of a Florida estate is unnecessary. In these cases a deceased person’s heirs can file a petition for summary administration, a simplified probate process. Normally, summary administration is only available after the decedent has been dead for at least 2 years (and no prior estate was opened) or… Read More »

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Wills2

The “Queen of Soul” Did Not Have a Will–But You Should

By Kuhn Law Firm, P.A. |

There are some people who decide not to make a Florida will because they think they don’t own enough assets to justify formal estate planning. This is a fallacy for many reasons. Unfortunately, it’s a fallacy that even famous and wealthy people believe, as demonstrated by the recent news reports surrounding the death of… Read More »

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Will5

Will Florida Accept My Handwritten Will?

By Kuhn Law Firm, P.A. |

There is a famous story in Canadian estate planning law about a farmer who died in 1948 after getting pinned underneath his own tractor. The day after the farmer died, neighbors noticed some writing on the side of the tractor. It turned out the dying farmer used his pocket knife to scratch out a… Read More »

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EstatePlanning3

Does My Estate Have to File Tax Returns After I Die?

By Kuhn Law Firm, P.A. |

An often overlooked component of estate and probate administration is addressing any outstanding tax liabilities of the deceased person. This can be more complicated than you might think. With respect to federal income taxes, your personal representative may need to file two separate returns: one for you as a deceased individual, and one for… Read More »

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EstPlan7

Who Is the “Qualified Beneficiary” of a Trust?

By Kuhn Law Firm, P.A. |

Trust disputes often arise between the beneficiaries of the trust. According to Florida law, a beneficiary is “a person who has a present or future beneficial interest in a trust, vested or contingent, or who holds a power of appointment over trust property in a capacity other than that of trustee.” There is also… Read More »

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Planning

Who Is Considered an “Interested Person” in My Estate?

By Kuhn Law Firm, P.A. |

A common issue in Florida estate and probate administration is determining who qualifies as an “interested person.” This is a legal term used to describe someone who may be affected by the outcome of an estate administration. An interested person has certain legal rights within the probate process, so it is important to understand… Read More »

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