Destin Estate 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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John Allen Madden

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Divorce & Family Law, Criminal, Divorce, Estate, Power of Attorney

Prior to joining the Law Offices of James C. Campbell, P.A., John Madden, a Shalimar native, was an Assistant State Attorney in the First Judicial Cir... (more)

CONTACT

800-982-7230

4 11th Ave, Shalimar, FL 32579

Byron E. Cotton

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Criminal, Wills & Probate, Felony, DUI-DWI, Misdemeanor

The law firm of Cotton & Gates, Attorneys at Law, has provided high-quality service and representation to people in Okaloosa County and Northwest Flor... (more)

FREE CONSULTATION

CONTACT

800-938-5401

3 Plew Avenue, Shalimar, FL 32579

Tonya Holman

✓ VERIFIED

Divorce & Family Law, Military, Estate, Bankruptcy & Debt

Your family’s best interest is my main focus. I will listen and provide creative, effective solutions to reach your goals. Tonya Holman is the A... (more)

CONTACT

850-609-3100

906 D Mar Walt Drive, Fort Walton Beach, FL 32547

Parker Bentley Smith

Transportation & Shipping, Wills & Probate, Family Law, Medical Malpractice

Status: In Good Standing

FREE CONSULTATION

CONTACT

1219 Airport Road, Destin, FL 32541

Daniel C. Perri

Tax, Wills & Probate, Trusts, Estate

Status: In Good Standing

CONTACT

4 Eleventh Ave., Shalimar, FL 32579

Michael R. Gates

Construction, Wills & Probate, Family Law, Bad Faith Insurance

Status: In Good Standing

CONTACT

3 Plew Avenue, Shalimar, FL 32579

Richard H. Powell

Wills & Probate, Estate Planning, Elder Law, Business Organization, Bankruptcy & Debt

Status: In Good Standing

CONTACT

92 Eglin Parkway NE, Fort Walton Beach, FL 32549

J. Mark Fisher

Wills & Probate, Wills, Trusts, Estate Planning

Status: In Good Standing

CONTACT

181 Eglin Pkwy, NE, Fort Walton Beach, FL 32548

Karen Powell Ward

Commercial Real Estate, Estate Planning, Family Law, Business

Status: In Good Standing

CONTACT

1241 Airport Rd, Destin, FL 32541

Cassie Long

Commercial Real Estate, Real Estate, Estate

Status: In Good Standing Licensed: 16 Years

CONTACT

36468 Emerald Coast Pkwy, Destin, FL 32541

800-923-0641

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LEGAL TERMS

DOWER AND CURTESY

A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') ... (more...)

A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') refers to the portion to which a surviving wife is entitled, while curtesy refers to what a man may claim. Until recently, these amounts differed in a number of states. However, because discrimination on the basis of sex is now illegal in most cases, most states have abolished dower and curtesy and generally provide the same benefits regardless of sex -- and this amount is often known simply as the statutory share. Under certain circumstances, a living spouse may not be able to sell or convey property that is subject to the other spouse's dower and curtesy or statutory share rights.

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.

BANKRUPTCY ESTATE

All of the property you own when you file for bankruptcy, except for most pensions and educational trusts. The trustee technically takes control of your bankrup... (more...)

All of the property you own when you file for bankruptcy, except for most pensions and educational trusts. The trustee technically takes control of your bankruptcy estate for the duration of your case.

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.

EXEMPTION TRUST

A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth m... (more...)

A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth more than that amount, it usually goes to the surviving spouse. The trust property passes free from estate tax because of the personal exemption, and the rest is shielded from tax under the surviving spouse's marital deduction.

TRUST CORPUS

Latin for 'the body' of the trust. This term refers to all the property transferred to a trust. For example, if a trust is established (funded) with $250,000, t... (more...)

Latin for 'the body' of the trust. This term refers to all the property transferred to a trust. For example, if a trust is established (funded) with $250,000, that money is the corpus. Sometimes the trust corpus is known as the 'res,' a Latin word meaning 'thing.'

PRETERMITTED HEIR

A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child b... (more...)

A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child born or adopted after the will is made may be deemed a pretermitted heir. If the court determines that an heir was accidentally omitted, that heir is entitled to receive the same share of the estate as she would have if the deceased had died without a will. A pretermitted heir is sometimes called an 'omitted heir.'

FAILURE OF ISSUE

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

QDOT TRUST

A trust used to postpone estate tax when more than the amount of the personal federal estate tax exemption is left to a non-U.S. citizen spouse by the other spo... (more...)

A trust used to postpone estate tax when more than the amount of the personal federal estate tax exemption is left to a non-U.S. citizen spouse by the other spouse. QDOT stands for qualified domestic trust.

SAMPLE LEGAL CASES

In re Estate of McKibbin

In re ESTATE of Loyette D. McKIBBIN, deceased. Larry H. McKibbin, as Personal Representative of the Estate of Loyette D. McKibbin, Appellant, v. Alterra Health Care Corporation a/k/a Alterra Healthcare Corporation; Beth M. Guinn a/k/a Beth Marie Waters Guinn; Tammie ...

Estate of Johnson v. Badger Acquisition

Failing to appropriately monitor the dispensing of medication for Norma J. Johnson; failing to appropriately monitor the proximity in which the same medication was dispensed for Norma J. Johnson; failing to adequately monitor Norma J. Johnson's medication administration; ...

SOVEREIGN HEALTHCARE v. Estate of Huerta

SOVEREIGN HEALTHCARE OF TAMPA, LLC, a/k/a Sovereign Healthcare of Tampa, LLC, d/b/a Sovereign Healthcare of Tampa (as to Bayshore Pointe Nursing & Rehab Center), Appellant, v. The ESTATE OF Florinda HUERTA, by and through Dennis HUERTA, ...

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Destin Estate Lawyer, Florida

Sponsored Law Firm

Sword & Shield, P.A.

SPONSORED LAWYERS

John Allen Madden

Byron E. Cotton

Tonya Holman

Parker Bentley Smith

Daniel C. Perri

Michael R. Gates

Richard H. Powell

J. Mark Fisher

Karen Powell Ward

Cassie Long

TIPS

LEGAL TERMS

DOWER AND CURTESY

ADEMPTION

BANKRUPTCY ESTATE

PER STIRPES

EXEMPTION TRUST

TRUST CORPUS

PRETERMITTED HEIR

FAILURE OF ISSUE

QDOT TRUST

SAMPLE LEGAL CASES

In re Estate of McKibbin

Estate of Johnson v. Badger Acquisition

SOVEREIGN HEALTHCARE v. Estate of Huerta

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