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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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Richard E Stadler

Government Agencies, Wills & Probate, Franchising, Banking & Finance

Status:

CONTACT

1820 Garden Street, Titusville, FL 32796

Carl Wasileski

Commercial Real Estate, Estate Planning

Status: Licensed: 48 Years

CONTACT

5050 Tiger Ln, Mims, FL 32754

Jerry Wayne Allender

Commercial Real Estate, Real Estate, Estate Planning, Elder Law

Status: Licensed: 57 Years

CONTACT

719 Garden St, Titusville, FL 32796

Steven Charles Allender

Commercial Real Estate, Estate Planning, Criminal, Elder Law

Status:

CONTACT

719 Garden St, Titusville, FL 32796

Mary Reid Mayo Morelly

Trusts, Family Law, Civil Rights, Credit & Debt

Status: Licensed: 12 Years

CONTACT

2525 Travelers Palm Dr, Edgewater, FL 32141

Roy A Praver

Wills, Trusts, Bankruptcy, Bankruptcy & Debt

Status: Licensed: 43 Years

CONTACT

1701 S Washington Ave, Titusville, FL 32780

Kristy Ann Mount

Commercial Real Estate, Real Estate, Estate Planning, Estate

Status: Licensed: 22 Years

CONTACT

605 S Palm Ave, Titusville, FL 32796

Christopher Edward Broome

Commercial Real Estate, Estate Planning, Elder Law, Business

Status: Licensed: 34 Years

CONTACT

915 S Washington Ave, Titusville, FL 32780

John Henry Evans

Commercial Real Estate, Estate Planning

Status: Licensed: 52 Years

CONTACT

1534 Riverside Dr, Titusville, FL 32780

Richard Lamar Rogers

Estate, Accident & Injury

Status: Licensed: 44 Years

CONTACT

1135 S Washington Ave, Titusville, FL 32780

800-814-6700

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LEGAL TERMS

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.

ADMINISTRATRIX

An outdated term for a female administrator -- the person appointed by a court to handle probate on behalf of someone who died without a will. Now, whether male... (more...)

An outdated term for a female administrator -- the person appointed by a court to handle probate on behalf of someone who died without a will. Now, whether male or female, this person is called the administrator.

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.

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.

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.

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.

GRANT DEED

A deed containing an implied promise that the person transfering the property actually owns the title and that it is not encumbered in any way, except as descri... (more...)

A deed containing an implied promise that the person transfering the property actually owns the title and that it is not encumbered in any way, except as described in the deed. This is the most commonly used type of deed. Compare quitclaim deed.

FAMILY ALLOWANCE

A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to ... (more...)

A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to help support the surviving spouse and children during the time it takes to probate the estate. The amount is determined by state law and varies greatly from state to state.

IN TERROREM

Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement... (more...)

Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement. For example, a will might state that an heir will forfeit her inheritance if she challenges the validity of the will. Of course, if the will is challenged and found to be invalid, then the clause itself is also invalid and the heir takes whatever she would have inherited if there were no will.

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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Scottsmoor Estate Lawyer, Florida

Sponsored Law Firm

McClain Law Firm, PA

SPONSORED LAWYERS

Richard E Stadler

Carl Wasileski

Jerry Wayne Allender

Steven Charles Allender

Mary Reid Mayo Morelly

Roy A Praver

Kristy Ann Mount

Christopher Edward Broome

John Henry Evans

Richard Lamar Rogers

TIPS

LEGAL TERMS

SPECIFIC BEQUEST

ADMINISTRATRIX

PER STIRPES

SELF-PROVING WILL

ABATEMENT

POUR-OVER WILL

GRANT DEED

FAMILY ALLOWANCE

IN TERROREM

SAMPLE LEGAL CASES

In re Estate of McKibbin

Estate of Johnson v. Badger Acquisition

SOVEREIGN HEALTHCARE v. Estate of Huerta

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