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Category Archives: Probate Litigation

EstatePlan4

My Mother Died With Just $500 in Her Checking Account – Do I Need to Open a Probate Estate?

By Kuhn Law Firm, P.A. |

Some people think that when a family member dies, that means there must be a probate estate. In fact, there are many situations where a person does not leave any assets that are subject to probate–i.e., they were placed into a trust or subject to joint ownership. But what about cases where someone only… Read More »

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Executor

Own a Florida Business? Make Sure You Name the Right Executor for Your Estate

By Kuhn Law Firm, P.A. |

When you own a business, its debts do not die with you. Instead, they must be addressed as part of the probate administration process. This means that you need to make sure the executor or personal representative named in your will is capable of handling or winding up the affairs of your business–otherwise your… Read More »

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Probate4

Understanding Florida Probate Deadlines

By Kuhn Law Firm, P.A. |

One of the basic principles of Florida probate administration is that there are certain legal deadlines for creditors to present claims against an estate. The way the process normally works, the personal representative (executor) of the estate publishes a notice in the newspaper. This notice says that anyone with a claim against the estate… Read More »

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Will6

Can I Use a “No-Contest” Clause in My Florida Will or Trust?

By Kuhn Law Firm, P.A. |

One of the biggest reasons people make an estate plan is to minimize the potential for litigation among family members. You have no doubt seen stories in the news about heirs fighting for years in court over a loved one’s estate. In some of these cases they are not even fighting over a particularly… Read More »

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EstatePlanning3

Does My Estate Have to File Tax Returns After I Die?

By Kuhn Law Firm, P.A. |

An often overlooked component of estate and probate administration is addressing any outstanding tax liabilities of the deceased person. This can be more complicated than you might think. With respect to federal income taxes, your personal representative may need to file two separate returns: one for you as a deceased individual, and one for… Read More »

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Planning

Who Is Considered an “Interested Person” in My Estate?

By Kuhn Law Firm, P.A. |

A common issue in Florida estate and probate administration is determining who qualifies as an “interested person.” This is a legal term used to describe someone who may be affected by the outcome of an estate administration. An interested person has certain legal rights within the probate process, so it is important to understand… Read More »

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Probate2

How Does a “Tenancy by the Entirety” Work in Florida?

By Kuhn Law Firm, P.A. |

One way that married couples can leave an asset to one another without the need for probate is by holding the property as “tenants by the entirety.” This is a special form of property ownership exclusively available to married co-owners, although it is similar to a joint tenancy with right of survivorship. With a… Read More »

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PaternityTest

Is There a Time Limit to Establish Paternity in a Probate Case?

By Kuhn Law Firm, P.A. |

A common source of estate litigation is paternity claims. That is to say, individuals claiming to be a child of the deceased claim a share of the parent’s estate. In cases where the parent died intestate–without leaving a will–the children have certain inheritance rights under law. And this includes any children born outside of… Read More »

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Will6

Florida Supreme Court Clarifies When Presumption of Paternity May Be Challenged

By Kuhn Law Firm, P.A. |

Florida probate law provides for the inheritance rights of children of a parent who dies without leaving a will–i.e., an “intestate estate.” Florida law makes no distinction between children born in or out of wedlock. But with respect to the father’s estate, the child’s paternity must be established, either by court order or a… Read More »

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AssetP3

Can Your Florida Estate Collect Any Refunds Owed to You?

By Kuhn Law Firm, P.A. |

In preparing your Florida estate plan, it is generally a good idea to make a list of all the assets you presently own. This can make it easier when figuring out how to divide your property among your chosen beneficiaries. It can also give you a rough idea of how big your estate will… Read More »

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