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Category Archives: Probate Litigation

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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Probate3

What “Snowbirds” Need to Know About Florida Estate Planning

By Kuhn Law Firm, P.A. |

Florida has always been a welcome refuge for people looking to escape the harsh winters of colder climates. Indeed, it is common practice for many of these “snowbirds” to buy and maintain a second residence in Florida. If you are one of these people, you need to be aware of how owning real property… 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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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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