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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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James J. Claus

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Divorce & Family Law, Estate, Real Estate, Business, Intellectual Property

James Claus is a practicing lawyer in the state of Florida. Attorney Claus received his J.D. from Stanford University Law School.

CONTACT

800-694-1480

4516 NW 37th Ter, Gainesville, FL 32605

Stephanie N. Mack

Family Law, Medical Malpractice, Wills & Probate, Premises Liability

Status: In Good Standing

FREE CONSULTATION

CONTACT

311 North East 1st Street, Gainesville, FL 32601

Nancy T. Baldwin

Family Law, Wills & Probate, Civil Rights, Elder Law

Status: In Good Standing

FREE CONSULTATION

CONTACT

309 N.E. 1st Street, Gainesville, FL 32601

Katherine L. Floyd

Estate, Wills & Probate, Estate Planning, Landlord-Tenant

Status: In Good Standing

CONTACT

4545 NW 8th Avenue, Gainesville, FL 32605

Katherine J. Cotter

Business Organization, Family Law, Wills & Probate, Civil Rights

Status: In Good Standing

FREE CONSULTATION

CONTACT

3312 West University Avenue, Gainesville, FL 32607

Judith B. Paul

Medicare & Medicaid, Estate Planning

Status: In Good Standing

CONTACT

4040 Newberry Rd., Gainesville, FL 32607

Aaron L. Moore

Wills, Estate Administration, Wills & Probate, Trusts

Status: In Good Standing

CONTACT

18 NW 33 Court, Gainesville, FL 32607

Thomas G. Christmann

Business Organization, Estate Administration, Estate Planning, Tax

Status: In Good Standing

CONTACT

18 NW 33 Court, Gainesville, FL 32607

Robert J Rohan

Commercial Real Estate, Real Estate, Estate Planning, Estate

Status: In Good Standing Licensed: 48 Years

CONTACT

13834 Highway 441 S, Micanopy, FL 32667

Stuart Harvey Ziegler

Dispute Resolution, Estate Planning, Life & Health, Business

Status: In Good Standing Licensed: 58 Years

CONTACT

5275 Sw 24Th Dr, Gainesville, FL 32608

800-923-0641

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LEGAL TERMS

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.

ANCILLARY PROBATE

A probate proceeding conducted in a different state from the one the deceased person resided in at the time of death. Usually, ancillary probate proceedings are... (more...)

A probate proceeding conducted in a different state from the one the deceased person resided in at the time of death. Usually, ancillary probate proceedings are necessary if the deceased person owned real estate in another state.

DISINHERIT

To deliberately prevent someone from inheriting something. This is usually done by a provision in a will stating that someone who would ordinarily inherit prope... (more...)

To deliberately prevent someone from inheriting something. This is usually done by a provision in a will stating that someone who would ordinarily inherit property -- a close family member, for example -- should not receive it. In most states, you cannot completely disinherit your spouse; a surviving spouse has the right to claim a portion (usually one-third to one-half) of the deceased spouse's estate. With a few exceptions, however, you can expressly disinherit children.

SELF-PROVING WILL

A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-prov... (more...)

A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-proving when two witnesses sign under penalty of perjury that they observed the willmaker sign it and that he told them it was his will. If no one contests the validity of the will, the probate court will accept the will without hearing the testimony of the witnesses or other evidence. To make a self-proving will in other states, the willmaker and one or more witnesses must sign an affidavit (sworn statement) before a notary public certifying that the will is genuine and that all willmaking formalities have been observed.

FAILURE OF ISSUE

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

ALTERNATE BENEFICIARY

A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to ... (more...)

A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to take the property. For example, in his will Jake leaves his collection of sheet music to his daughter, Mia, and names the local symphony as alternate beneficiary. When Jake dies, Mia decides that the symphony can make better use of the sheet music than she can, so she refuses (disclaims) the gift, and the manuscripts pass directly to the symphony. In insurance law, the alternate beneficiary, usually the person who receives the insurance proceeds because the initial or primary beneficiary has died, is called the secondary or contingent beneficiary.

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.

INHERITANCE TAXES

Taxes some states impose on people or organizations who inherit property from a deceased person's estate. The taxes are based on the value of the inherited prop... (more...)

Taxes some states impose on people or organizations who inherit property from a deceased person's estate. The taxes are based on the value of the inherited property.

HEIR APPARENT

One who expects to be receive property from the estate of a family member, as long as she outlives that person.

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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Micanopy Estate Lawyer, Florida

Sponsored Law Firm

Sword & Shield, P.A.

SPONSORED LAWYERS

James J. Claus

Stephanie N. Mack

Nancy T. Baldwin

Katherine L. Floyd

Katherine J. Cotter

Judith B. Paul

Aaron L. Moore

Thomas G. Christmann

Robert J Rohan

Stuart Harvey Ziegler

TIPS

LEGAL TERMS

IN TERROREM

ANCILLARY PROBATE

DISINHERIT

SELF-PROVING WILL

FAILURE OF ISSUE

ALTERNATE BENEFICIARY

ADEMPTION

INHERITANCE TAXES

HEIR APPARENT

SAMPLE LEGAL CASES

In re Estate of McKibbin

Estate of Johnson v. Badger Acquisition

SOVEREIGN HEALTHCARE v. Estate of Huerta

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