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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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Joe A. Catarineau

Commercial Real Estate, International Tax, Wills, Trusts

Status: In Good Standing Licensed: 23 Years

CONTACT

91750 Overseas Hwy, Islamorada, FL 33070

Carol A Steinbock

Elder Law, Trusts, Real Estate

Status: In Good Standing Licensed: 39 Years

CONTACT

147 Gardenia St, Islamorada, FL 33070

Robert A. Abbott

Estate, Criminal, Business

Status: In Good Standing Licensed: 46 Years

CONTACT

109 San Juan Dr, Islamorada, FL 33036

Thomas Edward Woods

Commercial Real Estate, Real Estate, Federal Appellate Practice, Estate Planning

Status: In Good Standing Licensed: 23 Years

CONTACT

116 Porto Salvo Dr, Islamorada, FL 33036

Mark Howell Gregg

Commercial Real Estate, Real Estate, Estate Planning

Status: In Good Standing Licensed: 39 Years

CONTACT

189 E Ridge Rd, Islamorada, FL 33036

Brittany Miller

Trusts, Landlord-Tenant, Personal Injury, Corporate

Status: In Good Standing

CONTACT

90130 Old Hwy, Islamorada, FL 33070

Leah Michelle Maurer

Estate Planning, Real Estate, Business, Wills

Status: In Good Standing Licensed: 4 Years

CONTACT

88539 Overseas Hwy, Islamorada, FL 33070

Robert Henry Fields

Civil Rights, Personal Injury, Family Law, Criminal, Estate

Status: Retired Licensed: 71 Years

CONTACT

Islamorada, FL 33036

Karla Crosby Ayer

Commercial Real Estate, Real Estate, Estate Planning, Elder Law

Status: In Good Standing Licensed: 32 Years

CONTACT

108 Plantation Shores Dr, Islamorada, FL 33070

James Samuel Lupino

Other, Estate Planning, Family Law, Business

Status: In Good Standing

CONTACT

88539 Overseas Hwy, Islamorada, FL 33070

800-923-0641

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LEGAL TERMS

TRUST MERGER

Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separati... (more...)

Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separation between the trustee's legal ownership of trust property from the beneficiary's interest. The trust 'merges' and ceases to exist.

IN TERROREM

Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement... (more...)

Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement. For example, a will might state that an heir will forfeit her inheritance if she challenges the validity of the will. Of course, if the will is challenged and found to be invalid, then the clause itself is also invalid and the heir takes whatever she would have inherited if there were no will.

ADMINISTRATRIX

An outdated term for a female administrator -- the person appointed by a court to handle probate on behalf of someone who died without a will. Now, whether male... (more...)

An outdated term for a female administrator -- the person appointed by a court to handle probate on behalf of someone who died without a will. Now, whether male or female, this person is called the administrator.

IRREVOCABLE TRUST

A permanent trust. Once you create it, it cannot be revoked, amended or changed in any way.

PREDECEASED SPOUSE

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

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.

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.

LAPSE

Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. S... (more...)

Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. Some states have anti-lapse statutes, which prevent gifts to relatives of the deceased person from lapsing unless the relative has no heirs of his or her own. A lapsed gift becomes part of the residuary estate.

AUGMENTED ESTATE

In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used on... (more...)

In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used only in some states. Its value is calculated only if a surviving spouse declines whatever he or she was left by will and instead claims a share of the deceased spouse's estate. (This is called taking against the will.) The amount of this 'statutory share' or 'elective share' depends on state law.

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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Long Key Estate Lawyer, Florida

Sponsored Law Firm

McClain Law Firm, PA

SPONSORED LAWYERS

Joe A. Catarineau

Carol A Steinbock

Robert A. Abbott

Thomas Edward Woods

Mark Howell Gregg

Brittany Miller

Leah Michelle Maurer

Robert Henry Fields

Karla Crosby Ayer

James Samuel Lupino

TIPS

LEGAL TERMS

TRUST MERGER

IN TERROREM

ADMINISTRATRIX

IRREVOCABLE TRUST

PREDECEASED SPOUSE

GENERATION-SKIPPING TRANSFER TAX

PER STIRPES

LAPSE

AUGMENTED ESTATE

SAMPLE LEGAL CASES

In re Estate of McKibbin

Estate of Johnson v. Badger Acquisition

SOVEREIGN HEALTHCARE v. Estate of Huerta

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