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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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Elizabeth A. Blackburn

Wills, Wills & Probate, Family Law, Divorce

Status: In Good Standing

CONTACT

648 S. Ridgewood Avenue, Daytona Beach, FL 32114

Jeffrey P. Brock

Real Estate, Wills & Probate, Estate, Business

Status: In Good Standing

CONTACT

444 Seabreeze Boulevard, Daytona Beach, FL 32118

Harry G. McConnell

Business Organization, Estate Planning, Guardianships & Conservatorships

Status: In Good Standing

CONTACT

444 Seabreeze Boulevard, Daytona Beach, FL 32118

William E. Loucks

Banking & Finance, Commercial Real Estate, Wills & Probate, Trusts

Status: In Good Standing

CONTACT

444 Seabreeze Boulevard, Daytona Beach, FL 32118

Frank J. Yong

Corporate Tax, Gift Taxation, Tax

Status: In Good Standing

CONTACT

444 Seabreeze Boulevard, Daytona Beach, FL 32118

Debra Simms

Commercial Real Estate, Estate Planning, Elder Law, Medical Malpractice

Status: In Good Standing

CONTACT

823 Dunlawton Ave, Port Orange, FL 32127

Maryellen Gallagher Koberg

Commercial Real Estate, Construction, Estate Planning, Civil Rights

Status: In Good Standing

CONTACT

42 Bryan Cave Rd, Daytona Beach, FL 32119

Anthony Pinizzotto

Estate, Real Estate, Business Organization

Status: In Good Standing Licensed: 26 Years

CONTACT

415 Dunlaton Ave, Port Orange, FL 32127

Walter J. Snell

Bankruptcy & Debt, Estate, Business, Criminal, Real Estate

Status: In Good Standing Licensed: 37 Years

FREE CONSULTATION

CONTACT

436 N Peninsula Dr, Daytona Beach, FL 32118

Raymond Donadio Jr.

Wills, Trusts, Estate Planning, Business

Status: In Good Standing

CONTACT

301 Dunlawton Avenue, Port Orange, FL 32129

800-923-0641

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LEGAL TERMS

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.

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.

PRETERMITTED HEIR

A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child b... (more...)

A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child born or adopted after the will is made may be deemed a pretermitted heir. If the court determines that an heir was accidentally omitted, that heir is entitled to receive the same share of the estate as she would have if the deceased had died without a will. A pretermitted heir is sometimes called an 'omitted heir.'

TRUST DEED

The most common method of financing real estate purchases in California (most other states use mortgages). The trust deed transfers the title to the property to... (more...)

The most common method of financing real estate purchases in California (most other states use mortgages). The trust deed transfers the title to the property to a trustee -- often a title company -- who holds it as security for a loan. When the loan is paid off, the title is transferred to the borrower. The trustee will not become involved in the arrangement unless the borrower defaults on the loan. At that point, the trustee can sell the property and pay the lender from the proceeds.

SUMMARY PROBATE

A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are ... (more...)

A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are complicated, but a few examples include estates worth up to $100,000 in California; New York estates where property, excluding real estate and amounts that must be set aside for surviving family members, is worth $20,000 or less; and Texas estates where the value of property doesn't exceed what is needed to pay a family allowance and certain creditors.

CERTIFIED COPY

A copy of a document issued by a court or government agency guaranteed to be a true and exact copy of the original. Many agencies and institutions require certi... (more...)

A copy of a document issued by a court or government agency guaranteed to be a true and exact copy of the original. Many agencies and institutions require certified copies of legal documents before permitting certain transactions. For example, a certified copy of a death certificate is required before a bank will release the funds in a deceased person's payable-on-death account to the person who has inherited them.

HEIR APPARENT

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

INTER VIVOS TRUST

The Latin name, favored by some lawyers, for a living trust. 'Inter vivos' is Latin for 'between the living.'

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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Port Orange Estate Lawyer, Florida

Sponsored Law Firm

Sword & Shield, P.A.

SPONSORED LAWYERS

Elizabeth A. Blackburn

Jeffrey P. Brock

Harry G. McConnell

William E. Loucks

Frank J. Yong

Debra Simms

Maryellen Gallagher Koberg

Anthony Pinizzotto

Walter J. Snell

Raymond Donadio Jr.

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LEGAL TERMS

ADEMPTION

LIVING TRUST

ABATEMENT

PRETERMITTED HEIR

TRUST DEED

SUMMARY PROBATE

CERTIFIED COPY

HEIR APPARENT

INTER VIVOS 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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