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Brian R Hersh
About | Practice Areas
Law Office Of Brian R Hersh
1541 Brickell Ave Suite C-1407 Miami, FL 33129» view map
Estate Law
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Let The Law Office Of Brian R Hersh handle all your estate matters today.

800-830-0960
1. Brian R Hersh Miami, FL
  Attorney at Law- FL
  University of Miami School of Law, J.D.
2. AboutLaw Office Of Brian R Hersh
  A Law Firm You Can Trust
3. Practice AreasExpertise
  Estate Law
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Includes: Gift Taxation

Emily Joyce Phillips

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Divorce & Family Law, Estate Planning, Child Custody, Child Support, Adoption

Miami, FL Divorce & Family Law Attorney

Emily Joyce Phillips is a highly skilled attorney concentrating on Divorce and Family Law. She is the founder of Miami Family Law Group, PLLC, located... (more)

CONTACT

305-520-7874

One Biscayne Tower, Miami, FL 33131

Scott Richard Willinger

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Estate, Estate Planning, Landlord-Tenant, Business, Elder Law

Scott Willinger is a practicing lawyer in the state of Florida handling Estate matters.

CONTACT

305-333-5004

600 S Andrews Ave, Fort Lauderdale, FL 33301

Michael Davis

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Attorney Davis is a partner at Boone and Davis and focuses his practice on helping the injured recover compensation and attain justice through persona... (more)

FREE CONSULTATION

CONTACT

800-873-9360

2311 N. Andrews Ave., Fort Lauderdale, FL 33311

Franklin D. Kreutzer

Wills & Probate, Estate Planning, Family Law, Business Organization, Divorce

Status: In Good Standing

CONTACT

3041 N.W. 7th St., Miami, FL 33125

C. Page Lane

Commercial Real Estate, Conveyancing, Estate Administration, Estate Planning

Status: In Good Standing

CONTACT

2600 Douglas Road, Miami, FL 33134

Richard B. Adams

Litigation, Estate Planning, Family Law, Insurance

Status: In Good Standing

CONTACT

155 South Miami Avenue, Miami, FL 33130

Rosa T. Romero

Estate Planning, Family Law, Guardianships & Conservatorships, Elder Law

Status: In Good Standing

FREE CONSULTATION

CONTACT

19 West Flagler Street, Miami, FL 33130

Jaime J. Baca

Litigation, Estate Planning, Family Law, Insurance

Status: In Good Standing

CONTACT

155 South Miami Avenue, Miami, FL 33130

David J. Maher

Admiralty & Maritime, Bad Faith, Corporate, Estate Planning

Status: In Good Standing

CONTACT

155 South Miami Avenue, Miami, FL 33130

Susan H. Aprill

Arbitration, Estate Planning, Directors & Officers, Business Organization

Status: In Good Standing

CONTACT

1395 Brickell Avenue, Miami, FL 33131

800-923-0641

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LEGAL TERMS

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.

SPECIFIC BEQUEST

A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequ... (more...)

A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequest fails. In other words, the beneficiary cannot substitute a similar item in the estate. Example: If John leaves his 1954 Mercedes to Patti, and when John dies the 1954 Mercedes is long gone, Patti doesn't receive John's current car or the cash equivalent of the Mercedes. See ademption.

CONSERVATOR

Someone appointed by a judge to oversee the affairs of an incapacitated person. A conservator who manages financial affairs is often called a 'conservator of th... (more...)

Someone appointed by a judge to oversee the affairs of an incapacitated person. A conservator who manages financial affairs is often called a 'conservator of the estate.' One who takes care of personal matters, such as healthcare and living arrangements, is known as a 'conservator of the person.' Sometimes, one conservator is appointed to handle all these tasks. Depending on where you live, a conservator may also be called a guardian, committee or curator.

HEIR AT LAW

A person entitled to inherit property under intestate succession laws.

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.

ENTITY

An organization, institution or being that has its own existence for legal or tax purposes. An entity is often an organization with an existence separate from i... (more...)

An organization, institution or being that has its own existence for legal or tax purposes. An entity is often an organization with an existence separate from its individual members--for example, a corporation, partnership, trust, estate or government agency. The entity is treated like a person; it can function legally, be sued, and make decisions through agents.

ACCUMULATION TRUST

A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met. For example, if Uncle Pierre creates a trust for Nic... (more...)

A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met. For example, if Uncle Pierre creates a trust for Nick's benefit but stipulates that Nick will not get a penny until he gets a Ph.D. in French; Nick is the beneficiary of an accumulation trust.

QTIP TRUST

A type of trust for wealthy married couples that allows a surviving spouse to postpone estate taxes. A QTIP trust allows the surviving spouse to make use of the... (more...)

A type of trust for wealthy married couples that allows a surviving spouse to postpone estate taxes. A QTIP trust allows the surviving spouse to make use of the trust property tax-free. Taxes are deferred until the surviving spouse dies and the trust property is received by the final trust beneficiaries, who were named by the first spouse to die.

SAMPLE LEGAL CASES

Brundage v. Bank of America

... disputed transfers from the trust. Dorothy Gutsgell and her husband, who had no children of their own, executed a series of estate planning documents, using the law firm of Ruden McClosky for their planning. In 1992 Dorothy, as ...

Yang Enterprises, Inc. v. Georgalis

... Petitioners filed suit against Respondent for trade secret theft, tortious interference with a business relationship, and trade libel. In 1999, Petitioners retained Anthony Palma, an attorney in Broad and Cassel's Orlando office, for estate planning services. ...

Wheeler v. Powers

... In 2000, Dorothy L. Powers and her husband, Albert Powers, retained Kenneth B. Wheeler, an estates and trust attorney, to prepare estate planning documents. ... [1]. On December 20, 2004, Dorothy created several new estate planning documents through a different attorney. ...

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Hialeah Estate Planning Lawyer, Florida

Sponsored Law Firm

Law Office Of Brian R Hersh

SPONSORED LAWYERS

Emily Joyce Phillips

Scott Richard Willinger

Michael Davis

Franklin D. Kreutzer

C. Page Lane

Richard B. Adams

Rosa T. Romero

Jaime J. Baca

David J. Maher

Susan H. Aprill

TIPS

LEGAL TERMS

AUGMENTED ESTATE

SPECIFIC BEQUEST

CONSERVATOR

HEIR AT LAW

DISINHERIT

SELF-PROVING WILL

ENTITY

ACCUMULATION TRUST

QTIP TRUST

SAMPLE LEGAL CASES

Brundage v. Bank of America

Yang Enterprises, Inc. v. Georgalis

Wheeler v. Powers

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