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Tag Archives: Fort Myers Estate Planning Lawyers

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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Document

What Are the Surviving Spouse’s Rights in the Family Home?

By Kuhn Law Firm, P.A. |

Normally a Florida resident is free to dispose of his or her property through a will as they see fit. But there are special rules that apply to a person’s primary residence or “homestead.” The Florida Constitution actually restricts the “devise”–or transfer by will–of a homestead if the owner has a surviving spouse or… Read More »

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Do I Need a Florida Estate Planning Lawyer to Prepare a Florida Trust?

By Kuhn Law Firm, P.A. |

Many people come to Florida from somewhere else. If you have relocated to Florida recently, it is a good idea to consult with a local attorney to revise your existing will or trust. Although out-of-state estate planning documents are generally valid in Florida, if you do need to make any changes, it is important… Read More »

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EstatePlanning2

What Happens If My Heirs Die Before Me?

By Kuhn Law Firm, P.A. |

A Florida estate plan is just that: a plan. A will or trust is designed to instruct your fiduciaries on how to distribute your property in the event of your death. A good estate plan must also anticipate certain contingencies, such as the possibility your designated beneficiaries or heirs will pass away before you…. Read More »

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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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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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