Palm Bay Wills & Probate Lawyer, Florida

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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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Includes: Estate Administration, Living Wills, Wills

Deana Bell

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Divorce & Family Law, Wills & Probate, Criminal, Accident & Injury, Power of Attorney

I began my legal career in 1986 when I was a senior in High School. I started as a receptionist in a busy New York law firm. From there, I became a se... (more)

CONTACT

800-845-1860

4740 Dairy Road, Melbourne, FL 32904

Stephen P. Heuston

Wills & Probate, Trusts, Estate Planning, Estate

Status: In Good Standing

CONTACT

2200 Front Street, Melbourne, FL 32901

Fernando M. Palacios

Immigration, Wills, Wills & Probate, Trusts

Status: In Good Standing

CONTACT

2815 W. New Haven, Melbourne, FL 32904

Michelle Stein Spira

Government, Estate Planning, Estate, Elder Law, Wills & Probate

Status: In Good Standing Licensed: 26 Years

CONTACT

5205 Babcock St NE, Palm Bay, FL 32905

Evelyn Araud

Other, Government, Wills & Probate, Family Law

Status: In Good Standing Licensed: 27 Years

CONTACT

Palm Bay, FL 32911

Mary Lou Zurawski

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

Status: In Good Standing Licensed: 46 Years

CONTACT

7203 Halleck Street, Melbourne, FL 32940

Dedra Shiree Sibley

Education, Wills, Employment, Business & Trade

Status: In Good Standing Licensed: 18 Years

CONTACT

6767 N Wickham Rd, Melbourne, FL 32940

David Donald Ege

Dispute Resolution, Wills & Probate, Criminal

Status: In Good Standing Licensed: 39 Years

CONTACT

2725 Judge Fran Jamieson Way, Melbourne, FL 32940

Razvan Alexandru Ionescu Darzeu Mares

General Practice

Status: In Good Standing

CONTACT

310 Wiregrass Ave, Melbourne, FL 32904

Razvan Alexandru Ionescu Da Mares

Military, Government, Wills, Administrative Law

Status: In Good Standing Licensed: 12 Years

CONTACT

310 Wiregrass Ave, Melbourne, FL 32904

800-923-0641

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LEGAL TERMS

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.

PROVING A WILL

Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily sat... (more...)

Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily satisfies by showing that the will was signed and dated by the deceased person in front of two or more witnesses. When the will is holographic -- that is, completely handwritten by the deceased and not witnessed, it is still valid in many states if the executor can produce relatives and friends to testify that the handwriting is that of the deceased.

CERTIFICATION OF TRUST

See abstract of trust.

UNIFORM TRANSFER-ON-DEATH SECURITY ACT

A statute that allows people to name a beneficiary to inherit stocks or bonds without probate. The owner of the securities can register them with a broker using... (more...)

A statute that allows people to name a beneficiary to inherit stocks or bonds without probate. The owner of the securities can register them with a broker using a simple form that names a person to receive the property after the owner's death. Every state but Texas has adopted the statute.

TRUSTEE POWERS

The provisions in a trust document defining what the trustee may and may not do.

HOLOGRAPHIC WILL

A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many stat... (more...)

A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many states, making a holographic will is never advised except as a last resort.

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.

MARITAL LIFE ESTATE TRUST

See AB trust.

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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Palm Bay Wills & Probate Lawyer, Florida

Sponsored Law Firm

McClain Law Firm, PA

SPONSORED LAWYERS

Deana Bell

Stephen P. Heuston

Fernando M. Palacios

Michelle Stein Spira

Evelyn Araud

Mary Lou Zurawski

Dedra Shiree Sibley

David Donald Ege

Razvan Alexandru Ionescu Darzeu Mares

Razvan Alexandru Ionescu Da Mares

TIPS

LEGAL TERMS

PER STIRPES

LAPSE

PROVING A WILL

CERTIFICATION OF TRUST

UNIFORM TRANSFER-ON-DEATH SECURITY ACT

TRUSTEE POWERS

HOLOGRAPHIC WILL

ALTERNATE BENEFICIARY

MARITAL LIFE ESTATE TRUST

SAMPLE LEGAL CASES

IN RE AMEND. TO THE FLORIDA PROBATE RULES

McCormick v. McCormick

In re Guardianship of Shell

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