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Category Archives: Estate Planning

Trustee

What Are Irrevocable Trusts–and Why Would I Need One?

By Kuhn Law Firm, P.A. |

Whenever you hear estate planning lawyers talk about trusts, they are generally referring to “revocable” trusts. That is, a trust that can be modified or revoked at any time by the settlor, i.e. the person who makes the trust in the first place. Revocable trusts generally serve one critical purpose: to keep the settlor’s… Read More »

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Planning

Who Is Considered a “Surviving” Spouse Under Florida Law?

By Kuhn Law Firm, P.A. |

An issue that frequently comes up in Florida estate and probate administration is the need to seek damages against the person or persons responsible for the decedent’s death. Like most states, Florida has a wrongful death statute. This authorizes the personal representative of a decedent’s estate to file a lawsuit against the negligent parties… Read More »

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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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