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Timmy McClain
About | Practice Areas
McClain Law Firm, PA
P.O. Box 536387 Orlando, FL 32853» view map
Estate Law
A Law Firm That Cares

Let McClain Law Firm, PA handle all your Estate Planning needs today!

800-908-6270
1. Timmy McClain Orlando, FL
  Attorney at Law, FL
  Barry University School of Law, J.D. 2002
2. AboutMcClain Law Firm, PA
  A Law Firm That Cares
3. Practice AreasExpertise
  Estate Law
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Cara Anne Higgins

Construction, Estate Planning, Criminal, Administrative Law

Status: In Good Standing

CONTACT

608 Whitehead Street, Key West, FL 33040

Barton William Smith

Commercial Real Estate, Land Use & Zoning, Federal Trial Practice, Estate Planning

Status: In Good Standing Licensed: 19 Years

CONTACT

138 Simonton St, Key West, FL 33040

Benjamin Bryan Hawks

Commercial Real Estate, Immigration, Estate Planning, Banking & Finance

Status: In Good Standing Licensed: 18 Years

CONTACT

138 Simonton St, Key West, FL 33040

Michelle Cates Deal

Other, Commercial Real Estate, Estate Planning, Business

Status: In Good Standing Licensed: 31 Years

CONTACT

201 Front St, Key West, FL 33040

Erica Hughes Sterling

Commercial Real Estate, Immigration, Estate Planning, Business

Status: In Good Standing

CONTACT

500 Fleming St, Key West, FL 33040

John Maloney Spottswood

Commercial Real Estate, Estate Planning, DUI-DWI, Bankruptcy, Car Accident

Status: In Good Standing

CONTACT

500 Fleming St, Key West, FL 33040

Wayne Larue Smith

Commercial Real Estate, Dispute Resolution, Estate Planning, Administrative Law, Business

Status: In Good Standing

CONTACT

509 Whitehead St, Key West, FL 33040

Brett Tyler Smith

Commercial Real Estate, Estate Planning, Family Law, Business

Status: In Good Standing Licensed: 14 Years

CONTACT

509 Whitehead St, Key West, FL 33040

Wayne Larue Smith

Dispute Resolution, Lawsuit & Dispute, Estate Planning, Business

Status: In Good Standing

CONTACT

509 Whitehead St, Key West, FL 33040

Richard Mark Klitenick

Commercial Real Estate, Government, Estate Planning, Business

Status: In Good Standing

CONTACT

1009 Simonton St, Key West, FL 33040

800-923-0641

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LEGAL TERMS

SPENDTHRIFT TRUST

A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the benefi... (more...)

A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the beneficiary as needed, and sometimes paying third parties (creditors, for example) on the beneficiary's behalf, bypassing the beneficiary completely. Spendthrift trusts typically contain a provision prohibiting creditors from seizing the trust fund to satisfy the beneficiary's debts. These trusts are legal in most states, even though creditors hate them.

SPRINKLING TRUST

A trust that gives the person managing it (the trustee) the discretion to disburse its funds among the beneficiaries in any way he or she sees fit.

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.

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.

GENERATION-SKIPPING TRANSFER TAX

A federal tax imposed on money placed in a generation-skipping trust. Currently, there is a $1 million exemption to the GSTT; that is, each person may leave $1 ... (more...)

A federal tax imposed on money placed in a generation-skipping trust. Currently, there is a $1 million exemption to the GSTT; that is, each person may leave $1 million in a generation-skipping trust free of this tax. The GSST is imposed when the middle-generation beneficiaries die and the property is transferred to the third-generation beneficiaries. Every dollar over $1 million is subject to the highest existing estate tax rate--currently 55%--at the time the GSTT tax is applied.

BYPASS TRUST

A trust designed to lessen a family's overall estate tax liability. An AB trust is the most popular kind of bypass trust.

CERTIFIED COPY

A copy of a document issued by a court or government agency guaranteed to be a true and exact copy of the original. Many agencies and institutions require certi... (more...)

A copy of a document issued by a court or government agency guaranteed to be a true and exact copy of the original. Many agencies and institutions require certified copies of legal documents before permitting certain transactions. For example, a certified copy of a death certificate is required before a bank will release the funds in a deceased person's payable-on-death account to the person who has inherited them.

STATUTORY SHARE

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceas... (more...)

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceased spouse's property, but in some states the exact amount of the spouse's share depends on whether or not the couple has young children and, in a few states, on how long the couple was married. In most states, if the deceased spouse left a will, the surviving spouse must choose either what the will provides or the statutory share. Sometimes the statutory share is known by its more arcane legal name, dower and curtesy, or as a forced or elective share.

WILL

A document in which you specify what is to be done with your property when you die and name your executor. You can also use your will to name a guardian for you... (more...)

A document in which you specify what is to be done with your property when you die and name your executor. You can also use your will to name a guardian for your young children.

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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Key West Estate Lawyer, Florida

Sponsored Law Firm

McClain Law Firm, PA

SPONSORED LAWYERS

Cara Anne Higgins

Barton William Smith

Benjamin Bryan Hawks

Michelle Cates Deal

Erica Hughes Sterling

John Maloney Spottswood

Wayne Larue Smith

Brett Tyler Smith

Wayne Larue Smith

Richard Mark Klitenick

TIPS

LEGAL TERMS

SPENDTHRIFT TRUST

SPRINKLING TRUST

EXEMPTION TRUST

POUR-OVER WILL

GENERATION-SKIPPING TRANSFER TAX

BYPASS TRUST

CERTIFIED COPY

STATUTORY SHARE

WILL

SAMPLE LEGAL CASES

In re Estate of McKibbin

Estate of Johnson v. Badger Acquisition

SOVEREIGN HEALTHCARE v. Estate of Huerta

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