De Leon Springs Wills & Probate Lawyer, Florida

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Adrian Middleton
About | Practice Areas
Sword & Shield, P.A.
1437 Market St Tallahassee, FL 32312» view map
Estate Law
Legal Representation You Can Trust

Our team of attorneys has the experience and creativity that will provide you with an outcome that will not hurt your rights or your future.

800-978-7301
1. Adrian Middleton Tallahassee, FL
  Attorney at Law- FL, 2012
  Florida State University College of Law, J.D. 2012
2. AboutSword & Shield, P.A.
  Legal Representation You Can Trust
3. Practice AreasExpertise
  Divorce & Family
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Includes: Estate Administration, Living Wills, Wills

Craig T. James

Litigation, Wills & Probate, Family Law, Personal Injury

Status: In Good Standing

FREE CONSULTATION

CONTACT

431 East New York Avenue, Deland, FL 32721

Edwin Channing Coolidge

Wills, Wills & Probate, Trusts, Banking & Finance

Status: In Good Standing Licensed: 31 Years

CONTACT

145 E Rich Ave, Deland, FL 32724

William A. Ottinger

Wills, Wills & Probate, Trusts, Elder Law

Status: In Good Standing Licensed: 62 Years

CONTACT

145 E Rich Ave, Deland, FL 32724

Frank A. Ford

Agriculture, Wills & Probate, Corporate, Banking & Finance

Status: In Good Standing Licensed: 62 Years

CONTACT

145 E Rich Ave, Deland, FL 32721

Frank A. Ford

Real Estate, Energy, Wills & Probate, Estate Planning, Natural Resources

Status: In Good Standing Licensed: 62 Years

CONTACT

145 E Rich Ave, Deland, FL 32721

Glenn Lee Nye

International Tax, Wills, Wills & Probate, Trusts, Corporate

Status: In Good Standing Licensed: 45 Years

CONTACT

228 E New York Ave, Deland, FL 32724

Beaulah Flournoy Blanks

Bankruptcy & Debt, Wills & Probate, Guardianships & Conservatorships, Lawsuit & Dispute

Status: In Good Standing Licensed: 25 Years

CONTACT

Deland, FL 32721

800-923-0641

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LEGAL TERMS

INVENTORY

A complete listing of all property owned by a deceased person at the time of death. The inventory is filed with the court during probate. The executor or admini... (more...)

A complete listing of all property owned by a deceased person at the time of death. The inventory is filed with the court during probate. The executor or administrator of the estate is responsible for making and filing the inventory.

PER STIRPES

Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living children of his or her own. F... (more...)

Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. If Fred's will states that heirs of a deceased beneficiary are to receive the property 'per stirpes,' Julie will receive one-half of the property, and Alan's two children will share his half in equal shares (through Alan by right of representation). If, on the other hand, Fred's will states that the property is to be divided per capita, Julie and the two grandchildren will each take a third.

POUR-OVER WILL

A will that 'pours over' property into a trust when the will maker dies. Property left through the will must go through probate before it goes into the trust.

FAILURE OF ISSUE

A situation in which a person dies without children who could have inherited her property.

ADEMPTION

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she di... (more...)

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she dies. Often this happens because the property has been sold, destroyed or given away to someone other than the beneficiary named in the will. A bequest may also be adeemed when the will maker, while still living, gives the property to the intended beneficiary (called 'ademption by satisfaction'). When a bequest is adeemed, the beneficiary named in the will is out of luck; he or she doesn't get cash or a different item of property to replace the one that was described in the will. For example, Mark writes in his will, 'I leave to Rob the family vehicle,' but then trades in his car in for a jet ski. When Mark dies, Rob will receive nothing. Frustrated beneficiaries may challenge an ademption in court, especially if the property was not clearly identified in the first place.

TRUST DEED

The most common method of financing real estate purchases in California (most other states use mortgages). The trust deed transfers the title to the property to... (more...)

The most common method of financing real estate purchases in California (most other states use mortgages). The trust deed transfers the title to the property to a trustee -- often a title company -- who holds it as security for a loan. When the loan is paid off, the title is transferred to the borrower. The trustee will not become involved in the arrangement unless the borrower defaults on the loan. At that point, the trustee can sell the property and pay the lender from the proceeds.

TRUSTEE POWERS

The provisions in a trust document defining what the trustee may and may not do.

ESTATE TAXES

Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and... (more...)

Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and whether or not it goes through probate after your death, is subject to federal estate tax. Currently, however, federal estate tax is due only if your property is worth at least $2 million when you die. The estate tax is scheduled to be repealed for one year, in 2010, but Congress will probably make the repeal (or a very high exempt amount) permanent. Any property left to a surviving spouse (if he or she is a U.S. citizen) or a tax-exempt charity is exempt from federal estate taxes. Many states now also impose their own estate taxes or inheritance taxes.

PREDECEASED SPOUSE

In the law of wills, a spouse who dies before the will maker while still married to him or her.

SAMPLE LEGAL CASES

IN RE AMEND. TO THE FLORIDA PROBATE RULES

After considering the Committee's proposals and reviewing the relevant legislation, we adopt all the Committee's proposals except the proposed amendment to subdivision (b) of rule 5.260. Consistent with statutory changes made by chapter 2010-132, section 3, Laws of ...

McCormick v. McCormick

... We have for review an order admitting to probate the Last Will and Testament of decedent Ferral Lee McCormick, Sr., but denying letters of administration to appellant Ferral Lee McCormick, Jr., whom the testate decedent had duly nominated as personal representative. ...

In re Guardianship of Shell

... VILLANTI, Judge. Lutheran Services Florida, Inc., the guardian of Bertha Shell, appeals from the probate court's order denying its objections to an earlier order that awarded Lutheran Services guardian's fees in an amount less than it requested. ...

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De Leon Springs Wills & Probate Lawyer, Florida

Sponsored Law Firm

Sword & Shield, P.A.

SPONSORED LAWYERS

Craig T. James

Edwin Channing Coolidge

William A. Ottinger

Frank A. Ford

Frank A. Ford

Glenn Lee Nye

Beaulah Flournoy Blanks

TIPS

LEGAL TERMS

INVENTORY

PER STIRPES

POUR-OVER WILL

FAILURE OF ISSUE

ADEMPTION

TRUST DEED

TRUSTEE POWERS

ESTATE TAXES

PREDECEASED SPOUSE

SAMPLE LEGAL CASES

IN RE AMEND. TO THE FLORIDA PROBATE RULES

McCormick v. McCormick

In re Guardianship of Shell

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