Close Menu
Fort Myers Estate Planning & Probate Lawyer
Free Confidential Consultation All Calls Returned The Same Day 239-333-4529
  • Facebook
  • Twitter
  • LinkedIn

Category Archives: Estate Planning

Probate2

Challenging Tortious Interference in a Florida Will or Trust

By Kuhn Law Firm, P.A. |

Florida probate litigation frequently arises when one or more parties contest the validity of a decedent’s will or trust. Consider a situation where a decedent makes last minute changes to her will, substituting one beneficiary for another. The former beneficiary may have reason to suspect that the new beneficiary procured the new will through… Read More »

Facebook Twitter LinkedIn Google Plus
EstPlan4

Miami-Dade Senator Proposes Informal Process for Inheriting Bank Accounts Under $10,000

By Kuhn Law Firm, P.A. |

Florida law currently provides a number of ways to help you distribute your assets upon death without the need for formal probate. For example, you can open a joint checking account with your spouse or child, which ensures that the surviving account holder automatically inherits all of the funds (unless you provide otherwise). Alternatively,… Read More »

Facebook Twitter LinkedIn Google Plus
EstatePlanning3

U.S. House Votes to Repeal Estate Tax

By Kuhn Law Firm, P.A. |

Tax reform has been a top priority for President Donald J. Trump and Republican leaders in Congress since the start of 2017. Recently, the House of Representatives passed a comprehensive tax bill that includes an eventual repeal of the federal estate tax. While this tax currently affects just a few hundred Florida estates annually,… Read More »

Facebook Twitter LinkedIn Google Plus
EstatePlanning2

Who Is Considered a “Spouse” Under Florida Inheritance Laws?

By Kuhn Law Firm, P.A. |

Dying without a will is never a good idea, as Florida law will dictate the disposition of your probate estate. While this may initially sound like an easier way of settling your affairs, there are many potential legal disputes that may arise in an intestate estate. Having a will allows you to state definitively… Read More »

Facebook Twitter LinkedIn Google Plus
WillDocument

When Can My Children Challenge My Will?

By Kuhn Law Firm, P.A. |

One of the main reasons for drafting a Florida will is to minimize the opportunity for fights among your children (or other family members) after you die. Unfortunately, even with a will things do not always go smoothly. If one of your children suspects your will was the product of undue influence or fraud,… Read More »

Facebook Twitter LinkedIn Google Plus
EstatePlan6

How Florida’s “Slayer Statute” Can Affect Your Estate Plan

By Kuhn Law Firm, P.A. |

In the normal course of events, when you die your property passes as directed by your Florida will or trust. The courts will typically not second-guess your estate planning choices. If you want to leave a greater share of your estate to one child–or give your spouse everything and your adult children nothing–that is… Read More »

Facebook Twitter LinkedIn Google Plus
Document

How Ancillary Probate Affects Your Florida Property

By Kuhn Law Firm, P.A. |

Many people use Florida as a second home–perhaps maintaining a vacation property in the Fort Myers area–while continuing to reside full-time in another state. So how do you dispose of your vacation home under Florida law? Is your out-of-state will valid here? Do you need to create a separate will? Are there special rules… Read More »

Facebook Twitter LinkedIn Google Plus
EstatePlan4

Palm Beach Court Rejects Efforts to Sue Professional Guardian

By Kuhn Law Firm, P.A. |

Florida guardianship practices continue to draw media and legal scrutiny. Recently a state court in Palm Beach brought an anticlimactic resolution to a long-running dispute over alleged guardianship fraud. The case reiterates the importance of careful estate planning to avoid the necessity for a guardianship in the event the worst happens to you. According… Read More »

Facebook Twitter LinkedIn Google Plus
ElderLaw2

Preventing Elder Abuse in Florida Guardianships

By Kuhn Law Firm, P.A. |

Elder abuse is an all-too-common problem in Florida. The state’s most vulnerable residents are frequently the victims of unscrupulous strangers, caregivers, and even family members who take advantage of the person’s declining mental and physical condition. In theory, Florida law protects these individuals through the appointment of a guardian–either a close relative or a… Read More »

Facebook Twitter LinkedIn Google Plus
EstPlan6

Can Your Email Provider Refuse to Give Your Estate Access to Your Account?

By Kuhn Law Firm, P.A. |

In 2016, the Florida legislature adopted the “Fiduciary Access to Digital Assets Act.” This law, for the first time, created a formal legal process in Florida whereby a person could authorize an agent (through his or her estate plan) to access their various online accounts, including their email and social media. Such legislation was… Read More »

Facebook Twitter LinkedIn Google Plus