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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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Phillip S. Smith

Class Action, Estate Planning, Family Law, Corporate

Status: In Good Standing Licensed: 31 Years

CONTACT

Leesburg, FL 34749

Eric S. Mashburn

Wills & Probate, Trusts, Corporate, Business Organization

Status: In Good Standing Licensed: 46 Years

CONTACT

Winter Garden, FL 34777

Cynthia Jessen Pyles

Estate Planning, International Tax, Child Custody, Elder Law, Commercial Real Estate

Status: In Good Standing Licensed: 38 Years

CONTACT

1313 E Plant St, Winter Garden, FL 34787

Ginger Renee Lore

Estate Planning, Child Custody, Elder Law, Commercial Real Estate, Trusts

Status: In Good Standing

CONTACT

20 S Main St, Winter Garden, FL 34787

Stephen Dennis Dunegan

Commercial Real Estate, International Tax, Estate Planning, Estate, Elder Law

Status: In Good Standing Licensed: 43 Years

CONTACT

Winter Garden, FL 34777

Eric Simon Mashburn

Commercial Real Estate, Federal Trial Practice, Estate Planning, Estate

Status: In Good Standing

CONTACT

Winter Garden, FL 34777

Stephen Frederick Pyles

Commercial Real Estate, Estate Planning, Estate, Elder Law

Status: In Good Standing Licensed: 10 Years

CONTACT

Winter Garden, FL 34777

Donna M. More

General Practice

Status: In Good Standing Licensed: 39 Years

CONTACT

9225 Busaco Park Way, Winter Garden, FL 34787

Paul Louie Militello

Credit & Debt, Trusts, Criminal, Bankruptcy

Status: In Good Standing Licensed: 32 Years

CONTACT

215 E Mccollum Ave, Bushnell, FL 33513

Edward Leon Mann

Commercial Real Estate, Estate Planning, Estate, Elder Law

Status: In Good Standing Licensed: 28 Years

CONTACT

Leesburg, FL 34789

800-923-0641

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LEGAL TERMS

RESIDUARY ESTATE

The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court c... (more...)

The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court costs are paid. The residuary estate also includes any gifts under a will that fail or lapse. For example, Connie's will leaves her house and all its furnishings to Andrew, her VW bug to her friend Carl, and the remainder of her property (the residuary estate) to her sister Sara. She doesn't name any alternate beneficiaries. Carl dies before Connie. The VW bug becomes part of the residuary estate and passes to Sara, along with all of Connie's property other than the house and furnishings. Also called the residual estate or residue.

STATUTORY SHARE

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceas... (more...)

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceased spouse's property, but in some states the exact amount of the spouse's share depends on whether or not the couple has young children and, in a few states, on how long the couple was married. In most states, if the deceased spouse left a will, the surviving spouse must choose either what the will provides or the statutory share. Sometimes the statutory share is known by its more arcane legal name, dower and curtesy, or as a forced or elective share.

INTESTATE

The condition of dying without a valid will. The probate court appoints an administrator to distribute the deceased person's property according to state law.

DISINHERIT

To deliberately prevent someone from inheriting something. This is usually done by a provision in a will stating that someone who would ordinarily inherit prope... (more...)

To deliberately prevent someone from inheriting something. This is usually done by a provision in a will stating that someone who would ordinarily inherit property -- a close family member, for example -- should not receive it. In most states, you cannot completely disinherit your spouse; a surviving spouse has the right to claim a portion (usually one-third to one-half) of the deceased spouse's estate. With a few exceptions, however, you can expressly disinherit children.

EXECUTOR

The person named in a will to handle the property of someone who has died. The executor collects the property, pays debts and taxes, and then distributes what's... (more...)

The person named in a will to handle the property of someone who has died. The executor collects the property, pays debts and taxes, and then distributes what's left, as specified in the will. The executor also handles any probate court proceedings and notifies people and organizations of the death. Also called personal representatives.

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.

TRUSTEE POWERS

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

FAILURE OF ISSUE

A situation in which a person dies without children who could have inherited her property.

PETITION

A formal written request made to a court, asking for an order or ruling on a particular matter. For example, if you want to be appointed conservator for an elde... (more...)

A formal written request made to a court, asking for an order or ruling on a particular matter. For example, if you want to be appointed conservator for an elderly relative, you must file a petition with a court. See also complaint.

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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Groveland Estate Lawyer, Florida, page 4

Sponsored Law Firm

McClain Law Firm, PA

SPONSORED LAWYERS

Phillip S. Smith

Eric S. Mashburn

Cynthia Jessen Pyles

Ginger Renee Lore

Stephen Dennis Dunegan

Eric Simon Mashburn

Stephen Frederick Pyles

Donna M. More

Paul Louie Militello

Edward Leon Mann

TIPS

LEGAL TERMS

RESIDUARY ESTATE

STATUTORY SHARE

INTESTATE

DISINHERIT

EXECUTOR

ALTERNATE BENEFICIARY

TRUSTEE POWERS

FAILURE OF ISSUE

PETITION

SAMPLE LEGAL CASES

In re Estate of McKibbin

Estate of Johnson v. Badger Acquisition

SOVEREIGN HEALTHCARE v. Estate of Huerta

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