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Category Archives: Probate Litigation

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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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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