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Tag Archives: Fort Myers Estate Planning Lawyers

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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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EstPlan8

What Is “Exempt Property,” and How Does It Affect My Florida Estate Planning?

By Kuhn Law Firm, P.A. |

There are a number of unusual legal terms you may come across when preparing your Florida estate plan. One of them is “exempt property.” This term appears in a specific Florida statute that is part of the state’s overall laws governing individual estates. So what does it mean? And is it something you need… Read More »

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Timeshare2

Do I Need to Include My Timeshare in My Will or Trust?

By Kuhn Law Firm, P.A. |

If you’re thinking about creating an estate plan, you probably know it’s important to make provisions for your house or condo. But your estate plan must cover all of your real property. For example, what about that timeshare you bought 15 years ago? Does that also need to be addressed in your will or… Read More »

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A Delay in Naming a Personal Representative Can Prove Costly to an Estate in Court

By Kuhn Law Firm, P.A. |

An often overlooked reason for making a last will and testament is there may be a need to maintain litigation on behalf of you–or your estate–after you are gone. A common example is a wrongful death lawsuit. This is a special type of personal injury claim where your personal representative may sue one or… Read More »

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WillDocument

Can Sending a Text Message Create a Valid Will?

By Kuhn Law Firm, P.A. |

Modern technology emphasizes convenience. Using our phones, we can do just about everything: order food, listen to music, read and revise business documents, et cetera. But some things still need to be done in writing–that is, on paper and not an iPad. This includes making your last will and testament. While it is certainly… Read More »

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How Private Is a Florida Trust?

By Kuhn Law Firm, P.A. |

There are many reasons that Florida residents choose to create a living trust as part of their estate plan. One commonly cited motive is the desire to keep their affairs private. But just how private is a Florida trust? Wills vs. Trusts Compared to a traditional last will and testament, a well-drafted trust offers… Read More »

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Wills2

The “Queen of Soul” Did Not Have a Will–But You Should

By Kuhn Law Firm, P.A. |

There are some people who decide not to make a Florida will because they think they don’t own enough assets to justify formal estate planning. This is a fallacy for many reasons. Unfortunately, it’s a fallacy that even famous and wealthy people believe, as demonstrated by the recent news reports surrounding the death of… 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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Is My Revocable Trust Liable for My Personal Debts?

By Kuhn Law Firm, P.A. |

A trust is a vehicle for disposing of your assets without the need for probate after you die. It is, at least in the case of revocable trusts, not a mechanism to shield your assets from creditors. The reason for this is simple: As long as you have the power to revoke the trust,… Read More »

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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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