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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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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

Christopher W Adamec

Real Estate, Trusts, Personal Injury, Criminal

Status: In Good Standing Licensed: 22 Years

CONTACT

100 W Call St, Starke, FL 32091

L Alison Walker

Real Estate, Government, Estate Planning, Family Law

Status: In Good Standing

CONTACT

527 E University Ave, Gainesville, FL 32601

Kevin Dwayne Robertson

Wills, Trusts, Criminal, Business & Trade

Status: In Good Standing Licensed: 26 Years

CONTACT

Gainesville, FL 32635

Gary Scott Edinger

Litigation, Trusts, Civil Rights, Corporate

Status: In Good Standing Licensed: 38 Years

CONTACT

305 N.E. 1St Street, Gainesville, FL 32601

Kevin Michael Daly

State and Local, Trusts, Workers' Compensation, Elder Law

Status: In Good Standing Licensed: 45 Years

CONTACT

2300 Nw 23Rd St, Gainesville, FL 32605

Clarence Wharton Cole

Wills, Estate Planning, Estate, Elder Law

Status: In Good Standing Licensed: 37 Years

CONTACT

Gainesville, FL 32627

Niles B Whitten

State and Local, Trusts, Family Law, Credit & Debt

Status: In Good Standing Licensed: 15 Years

CONTACT

835 Se 2Nd Ave, Gainesville, FL 32601

Bruce Edward Hoffman

Commercial Real Estate, Trusts, Elder Law, Business & Trade

Status: In Good Standing Licensed: 43 Years

CONTACT

2917 Nw 9Th Pl, Gainesville, FL 32605

800-923-0641

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LEGAL TERMS

PROBATE COURT

A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate cour... (more...)

A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate court' in New York and several other states, this court normally examines the authenticity of a will -- or if a person dies intestate, figures out who receives her property under state law. It then oversees a procedure to pay the deceased person's debts and to distribute her assets to the proper inheritors. See probate.

LIVING TRUST

A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the t... (more...)

A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the trust during your life passes directly to the trust beneficiaries after you die, without court involvement. The successor trustee--the person you appoint to handle the trust after your death--simply transfers ownership to the beneficiaries you named in the trust. Living trusts are also called 'inter vivos trusts.'

ABATEMENT

A reduction. After a death, abatement occurs if the deceased person didn't leave enough property to fulfill all the bequests made in the will and meet other exp... (more...)

A reduction. After a death, abatement occurs if the deceased person didn't leave enough property to fulfill all the bequests made in the will and meet other expenses. Gifts left in the will are cut back in order to pay taxes, satisfy debts or take care of other gifts that are given priority under law or by the will itself.

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.

INVENTORY

A complete listing of all property owned by a deceased person at the time of death. The inventory is filed with the court during probate. The executor or admini... (more...)

A complete listing of all property owned by a deceased person at the time of death. The inventory is filed with the court during probate. The executor or administrator of the estate is responsible for making and filing the inventory.

SPECIAL ADMINISTRATOR

(1) In the law of wills and estates, a person appointed by the court to take charge of only a designated portion of an estate during probate. For example, a spe... (more...)

(1) In the law of wills and estates, a person appointed by the court to take charge of only a designated portion of an estate during probate. For example, a special administrator with particular expertise on art might be appointed to oversee the probate of a wealthy person's art collection, but not the entire estate. (2) A person appointed to be responsible for a deceased person's property for a limited time or during an emergency, such as a challenge to the will or to the qualifications of the named executor. In such cases, the special administrator's duty is to maintain and preserve the estate, not necessarily to take control of the probate process

POWER OF APPOINTMENT

The legal authority to decide who will receive someone else's property, usually property held in a trust. Most trustees can distribute the income from a trust o... (more...)

The legal authority to decide who will receive someone else's property, usually property held in a trust. Most trustees can distribute the income from a trust only according to the terms of the trust, but a trustee with a power of appointment can choose the beneficiaries, sometimes from a list of candidates specified by the grantor. For example, Karin creates a trust with power of appointment to benefit either the local art museum, symphony, library or park, depending on the trustee's assessment of need.

TESTAMENTARY TRUST

A trust created by a will, effective only upon the death of the willmaker.

ABSTRACT OF TRUST

A condensed version of a living trust document, which leaves out details of what is in the trust and the identity of the beneficiaries. You can show an abstract... (more...)

A condensed version of a living trust document, which leaves out details of what is in the trust and the identity of the beneficiaries. You can show an abstract of trust to a financial organization or other institution to prove that you have established a valid living trust, without revealing specifics that you want to keep private. In some states, this document is called a 'certification of 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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Melrose Estate Lawyer, Florida

Sponsored Law Firm

Sword & Shield, P.A.

SPONSORED LAWYERS

Stephanie N. Mack

Nancy T. Baldwin

Christopher W Adamec

L Alison Walker

Kevin Dwayne Robertson

Gary Scott Edinger

Kevin Michael Daly

Clarence Wharton Cole

Niles B Whitten

Bruce Edward Hoffman

TIPS

LEGAL TERMS

PROBATE COURT

LIVING TRUST

ABATEMENT

ADEMPTION

INVENTORY

SPECIAL ADMINISTRATOR

POWER OF APPOINTMENT

TESTAMENTARY TRUST

ABSTRACT OF 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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