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Category Archives: Trusts

EstatePlanning2

Why Do I Need a Pour-Over Will if I Have a Florida Trust?

By Kuhn Law Firm, P.A. |

You often hear estate planning lawyers–including us–talk about the benefits of using a revocable living trust. The main advantage is that any assets placed in your trust do not need to go through the probate process. That is to say, those assets do not pass under your will, but rather are subject to the… Read More »

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EstatePlanning4

5 Legal Duties of a Trustee in Florida

By Kuhn Law Firm, P.A. |

What exactly does a trustee do? This is a question we frequently get when advising clients on creating a revocable living trust. The short answer is that the trustee is the person responsible for managing the trust’s assets. The longer answer is that the trustee is charged with carrying out several legal duties outlined… Read More »

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EstPlan5

Apollo 11 Hero Buzz Aldrin Sues to Regain Control of Florida Trust

By Kuhn Law Firm, P.A. |

Children often feel an obligation to help care for an elderly parent during their final years. Unfortunately, there are also situations where children may try and take advantage of a parent for their own financial gain. This is why careful estate planning is so important. As the parent, you want to maintain your dignity… Read More »

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EstPlan

How Beneficiary Designations Impact Your Florida Estate Plan

By Kuhn Law Firm, P.A. |

There are many aspects of Florida estate planning that go beyond making a will. In fact, you may not realize it but there are some assets that do not pass under your will at all–even if you do not have a separate trust. If you have a retirement account or life insurance policy, for… Read More »

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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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EstatePlan7

Can a Stepchild Inherit From a Florida Estate?

By Kuhn Law Firm, P.A. |

Dying without a Florida will means your probate estate will pass under the state’s intestacy laws. Many people do not see the problem with this. Say you are unmarried and are survived by two children. Under Florida intestacy law, your children would automatically inherit your entire estate in the absence of a will. Sounds… Read More »

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Trustee

When Can Creditors Pursue Claims Against Trust Assets?

By Kuhn Law Firm, P.A. |

Florida trusts are not just useful when it comes to estate planning. They can also provide valuable protection for your assets against creditor claims–not to mention family members who have difficulty with managing money. For example, a spendthrift trust is a useful tool that allows you to help a relative while ensuring your money… Read More »

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Wills

How Florida Law Alters Your Estate Plan Following a Divorce

By Kuhn Law Firm, P.A. |

Many people create a Florida will or trust and then simply forget about it. But estate planning is rarely a one-shot deal. Over the course of your life many things may change, including the status of your existing family relationships, and that should prompt a review and, if warranted, a revision of your existing… Read More »

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Prenup6

Does Signing a Prenup Affect My Rights Under My Spouse’s Will or Trust?

By Kuhn Law Firm, P.A. |

Florida estate planning typically involves executing a will or trust. But there are other legal documents that can affect your estate plan as well. If you are married–or about to get married–you and your partner may wish to have a prenuptial or postnuptial agreement in place. Although we usually associate such agreements with divorce,… Read More »

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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 »

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