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Category Archives: Probate Litigation

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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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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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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EstPlan5

When Can Someone Be Declared Legally Dead in Florida?

By Kuhn Law Firm, P.A. |

The administration of a Florida probate estate can only begin once the person in question is deceased. That seems like common sense. But how does Florida law address cases where an individual is missing and presumed dead but there is no body or other concrete proof of death? Under Section 731.103 of the Florida… Read More »

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Legal3

Frequently Asked Questions About Summary Administration in Florida

By Kuhn Law Firm, P.A. |

Florida probate is the process by which property is transferred from a deceased individual (the decedent) to his or her beneficiaries. A formal probate administration can take several months–even years–depending on the complexity of the decedent’s estate. However, in some cases Florida law provides for a simplified probate process known as summary administration. Here… Read More »

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EstPlan6

Do I Need an Estate Plan If I’m Filing for Bankruptcy?

By Kuhn Law Firm, P.A. |

Estate planning is largely about disposing of your property. But what if you have filed for, or are contemplating, bankruptcy? Suppose you were to suddenly pass away before your bankruptcy is settled. What happens to your case, and what effect might it have on your Florida probate estate? Chapter 7 Liquidations Most individual debtors… Read More »

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EstatePlan5

Will Adding My Child to My House Deed Help Avoid Probate?

By Kuhn Law Firm, P.A. |

A common estate planning goal for many Florida residents is keeping a home or other real property within the family. There are a number of options to accomplish this objective. You can simply leave the property to a family member in your last will and testament. But this means the home will need to… 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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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 »

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EstPlan5

How Do Virtual Currencies Fit Into Your Estate Plan?

By Kuhn Law Firm, P.A. |

Estate planning is more than just writing up a will. It is important to take account of what assets you own and ensure the personal representative and beneficiaries named in your will be able to access and enjoy those assets after you die. This is not difficult when it comes to most types of… Read More »

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