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Tag Archives: Fort Myers Estate Planning Lawyers

EstPlan6

Can I Continue My Child’s Lawsuit After Their Death?

By Kuhn Law Firm, P.A. |

One reason it is important to have Florida will is that it may be necessary to continue litigation after your death. Let’s say you are involved in a civil litigation matter. If you die unexpectedly while the case is still pending, your estate would have to step in and continue the case for you…. Read More »

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EstatePlan7

Can You Sue Someone for “Interfering” with Your Inheritance?

By Kuhn Law Firm, P.A. |

Disinheriting a child often leads to hurt feelings and, in some cases, legal action after a parent’s death. Although there is no legal reason you cannot disinherit your own child, if the disinheritance is the result of another person’s undue influence, the child may have standing to contest your will or trust. And Florida… Read More »

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EstatePlanning2

Why Do I Need a Pour-Over Will if I Have a Florida Trust?

By Kuhn Law Firm, P.A. |

You often hear estate planning lawyers–including us–talk about the benefits of using a revocable living trust. The main advantage is that any assets placed in your trust do not need to go through the probate process. That is to say, those assets do not pass under your will, but rather are subject to the… Read More »

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GrayDiv2

Do You Need to Revise Your Beneficiary Designations After a Divorce?

By Kuhn Law Firm, P.A. |

You may not realize it, but you may own assets that do not pass as part of your regular Florida estate plan. A common example of this is an intangible asset, such as a retirement account or life insurance policy, where you previously signed a “designation of beneficiary” form. Such designations override the instructions… Read More »

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EstatePlanning4

5 Legal Duties of a Trustee in Florida

By Kuhn Law Firm, P.A. |

What exactly does a trustee do? This is a question we frequently get when advising clients on creating a revocable living trust. The short answer is that the trustee is the person responsible for managing the trust’s assets. The longer answer is that the trustee is charged with carrying out several legal duties outlined… Read More »

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EstPlan

How Beneficiary Designations Impact Your Florida Estate Plan

By Kuhn Law Firm, P.A. |

There are many aspects of Florida estate planning that go beyond making a will. In fact, you may not realize it but there are some assets that do not pass under your will at all–even if you do not have a separate trust. If you have a retirement account or life insurance policy, for… Read More »

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EstatePlan4

Can My Florida Trust Be Modified After I Die?

By Kuhn Law Firm, P.A. |

Generally speaking, if you create a revocable living trust as part of your estate plan, the trust becomes irrevocable upon your death. In other words, your successor trustee cannot unilaterally modify the terms of the trust. In some situations, however, a Florida probate court can “modify the terms of a trust” if it is… Read More »

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Trustee

What Are Irrevocable Trusts–and Why Would I Need One?

By Kuhn Law Firm, P.A. |

Whenever you hear estate planning lawyers talk about trusts, they are generally referring to “revocable” trusts. That is, a trust that can be modified or revoked at any time by the settlor, i.e. the person who makes the trust in the first place. Revocable trusts generally serve one critical purpose: to keep the settlor’s… Read More »

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EstatePlanning3

Can I Take Money Out of My Child’s Custodial Account?

By Kuhn Law Firm, P.A. |

We recently discussed the Florida Uniform Transfer to Minors Act (FUTMA), a state law that addresses situations where someone wishes to leave a gift of money or property to a minor. Under the FUTMA, the gift is turned over to a custodian–typically the minor’s parent or legal guardian–who holds the money or property on… Read More »

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ElderLaw

What Happens to My Florida Estate If I Have No Estate Plan or Living Relatives?

By Kuhn Law Firm, P.A. |

If you fail to create an estate plan during your lifetime, there is a chance that your property will be turned over to the State of Florida upon your death. The legal term for this is “escheat.” Under Section 732.107 of the Florida Statutes, “When a person dies leaving an estate without being survived… Read More »

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