Milton Wills & Probate Lawyer, Florida, page 3

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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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2. Email
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Includes: Estate Administration, Living Wills, Wills

J Rod Cameron

Wills, Workers' Compensation, Family Law, Civil Rights

Status: Licensed: 29 Years

CONTACT

5089 Highway 90, Milton, FL 32571

Allen Lindsay

Land Use & Zoning, Wills & Probate, Environmental Law, Car Accident, Federal Trial Practice

Status:

CONTACT

Milton, FL 32572

Jeffrey Paul Samuels

Trusts, Immigration, Federal Appellate Practice, Car Accident, Wills & Probate

Status: Licensed: 48 Years

CONTACT

428 Childers St, Pensacola, FL 32534

Wright Moulton

Tax, Real Estate, Trusts, Wills & Probate

Status: Licensed: 65 Years

CONTACT

5041 Bayou Blvd, Pensacola, FL 32503

Thomas Grant Van Matre

Commercial Real Estate, Wills, Estate Planning, Elder Law

Status: Licensed: 50 Years

CONTACT

4300 Bayou Blvd, Pensacola, FL 32503

Amanda Diane Lynch Elliott

Wills, Commercial Real Estate

Status: Licensed: 8 Years

CONTACT

2130 Semur Rd, Pensacola, FL 32503

Mary Williams

Wills & Probate, Elder Law, Elder Law, Voting Rights

Status: Licensed: 27 Years

CONTACT

1821 E Maxwell St, Pensacola, FL 32503

Jason Waddell

Commercial Real Estate, Wills, Trusts, Elder Law

Status: Licensed: 23 Years

CONTACT

1108 N 12Th Ave, Pensacola, FL 32501

John Patrick Kuder

Real Estate, Wills & Probate, Estate

Status:

CONTACT

919 N 12th Ave, Pensacola, FL 32501

Bruce Arthur McDonald

Commercial Real Estate, Wills, Trusts, Estate Planning

Status:

CONTACT

707 E Cervantes St, Pensacola, FL 32501

800-923-0641

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LEGAL TERMS

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.'

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.

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.

INCOMPETENCE

The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at ... (more...)

The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at which the person is present and/or represented by an attorney. A finding of incompetence may lead to the appointment of a conservator to manage the person's affairs. Also known as 'incompetency.'

BANKRUPTCY ESTATE

All of the property you own when you file for bankruptcy, except for most pensions and educational trusts. The trustee technically takes control of your bankrup... (more...)

All of the property you own when you file for bankruptcy, except for most pensions and educational trusts. The trustee technically takes control of your bankruptcy estate for the duration of your case.

HEIR AT LAW

A person entitled to inherit property under intestate succession laws.

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.

NONPROBATE

The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surv... (more...)

The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surviving spouse and property left outside of a will through probate-avoidance methods such as pay-on-death designations, joint tenancy ownership, living trusts and life insurance. Property that avoids probate is sometimes described as the 'nonprobate estate.' Nonprobate distribution may also occur if the deceased person leaves an invalid will. In that case, property will pass according to the particular state's laws of intestate succession.

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

SAMPLE LEGAL CASES

IN RE AMEND. TO THE FLORIDA PROBATE RULES

After considering the Committee's proposals and reviewing the relevant legislation, we adopt all the Committee's proposals except the proposed amendment to subdivision (b) of rule 5.260. Consistent with statutory changes made by chapter 2010-132, section 3, Laws of ...

McCormick v. McCormick

... We have for review an order admitting to probate the Last Will and Testament of decedent Ferral Lee McCormick, Sr., but denying letters of administration to appellant Ferral Lee McCormick, Jr., whom the testate decedent had duly nominated as personal representative. ...

In re Guardianship of Shell

... VILLANTI, Judge. Lutheran Services Florida, Inc., the guardian of Bertha Shell, appeals from the probate court's order denying its objections to an earlier order that awarded Lutheran Services guardian's fees in an amount less than it requested. ...

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Milton Wills & Probate Lawyer, Florida, page 3

Sponsored Law Firm

Sword & Shield, P.A.

SPONSORED LAWYERS

J Rod Cameron

Allen Lindsay

Jeffrey Paul Samuels

Wright Moulton

Thomas Grant Van Matre

Amanda Diane Lynch Elliott

Mary Williams

Jason Waddell

John Patrick Kuder

Bruce Arthur McDonald

TIPS

LEGAL TERMS

LIVING TRUST

POUR-OVER WILL

SELF-PROVING WILL

INCOMPETENCE

BANKRUPTCY ESTATE

HEIR AT LAW

ADEMPTION

NONPROBATE

SPECIAL ADMINISTRATOR

SAMPLE LEGAL CASES

IN RE AMEND. TO THE FLORIDA PROBATE RULES

McCormick v. McCormick

In re Guardianship of Shell

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