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Category Archives: Estate Planning

Will4

Can My Relatives Claim My House Even If My Will Says Otherwise?

By Kuhn Law Firm, P.A. |

Clarity is crucial when making a last will and testament. If there is any ambiguity in the terms of your will or a related estate planning document, your heirs or relatives might try to take advantage of the situation after your death. In effect, they could attempt to argue that you did not say… Read More »

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EstatePlanning3

Can I Take Money Out of My Child’s Custodial Account?

By Kuhn Law Firm, P.A. |

We recently discussed the Florida Uniform Transfer to Minors Act (FUTMA), a state law that addresses situations where someone wishes to leave a gift of money or property to a minor. Under the FUTMA, the gift is turned over to a custodian–typically the minor’s parent or legal guardian–who holds the money or property on… Read More »

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CSupport7

What Happens to a Parent’s Child Support Obligations After Death?

By Kuhn Law Firm, P.A. |

Most Florida parents do right by their children. Unfortunately there are cases where a non-custodial parent fails to meet his or her child support obligations. If that parent dies and still owes back child support, the question naturally arises, does the custodial parent–or the child themselves–have the right to seek payment from the probate… Read More »

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ElderLaw

What Happens to My Florida Estate If I Have No Estate Plan or Living Relatives?

By Kuhn Law Firm, P.A. |

If you fail to create an estate plan during your lifetime, there is a chance that your property will be turned over to the State of Florida upon your death. The legal term for this is “escheat.” Under Section 732.107 of the Florida Statutes, “When a person dies leaving an estate without being survived… Read More »

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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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