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Category Archives: Wills

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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Will5

How Do I Challenge the Validity of a Will in Florida?

By Kuhn Law Firm, P.A. |

There are a number of situations where a party may need to contest the validity of a Florida will. One legal tool that a party may use to protect its interests is the filing of a “caveat.” This is essentially a notice filed with the probate court reserving the right to be notified if… 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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Will4

How Do I Dispose of Specific Items in My Florida Will?

By Kuhn Law Firm, P.A. |

A common problem many people have when drafting a Florida will is deciding how to divide up individual items of personal property. We are not necessarily talking about high-value assets like automobiles or jewelry. We all keep certain items more for sentimental reasons than financial value. But does it make sense to individually list… Read More »

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EstatePlanning5

How Will an Inheritance Affect My Child’s Legal Standing?

By Kuhn Law Firm, P.A. |

In preparing a Florida will or trust, you need to be mindful of the potential financial impact an inheritance may have on your children or other beneficiaries. If you have a disabled adult child receiving means-tested government benefits, for example, suddenly receiving a large sum of money from your trust could render them ineligible…. Read More »

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EstPlan

What Happens If I Forget to Update My Will to Provide for My Spouse?

By Kuhn Law Firm, P.A. |

There is a strong presumption in Florida probate law against disinheriting a spouse. In fact, the law expressly makes provisions for what is known as a “pretermitted spouse.” This is basically a spouse whom you marry after executing your will. If your will does not make any provision for this new spouse, he or… Read More »

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Wills

What Happens to a Florida Estate If the Will is Invalidated?

By Kuhn Law Firm, P.A. |

There are many scenarios where a person’s last will and testament may be found invalid by the court. A successful will contest may be the result of undue influence, fraud, or proof that the decedent lacked mental capacity at the time the will was executed. But if a will is invalidated, what becomes of… Read More »

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Planning

How Do I Make a Florida Estate Planning Gift to a Child?

By Kuhn Law Firm, P.A. |

A common question we get is, “How do you leave money or property to a minor?” For example, say you want to leave your currently 12-year-old niece a $5,000 gift in your will. If you die before she reaches adulthood, how would that money be handled? One option provided by Florida law is a… 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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