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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

Frank J. Yong

Corporate Tax, Gift Taxation, Tax

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

Harry G. McConnell

Business Organization, Estate Planning, Guardianships & Conservatorships

Status: In Good Standing

CONTACT

444 Seabreeze Boulevard, Daytona Beach, FL 32118

Craig T. James

Litigation, Wills & Probate, Family Law, Personal Injury

Status: In Good Standing

FREE CONSULTATION

CONTACT

431 East New York Avenue, Deland, FL 32721

William Tillar Preston

Commercial Real Estate, State and Local, Estate Planning, Elder Law

Status: In Good Standing Licensed: 41 Years

CONTACT

605 S Orange St, New Smyrna Beach, FL 32168

Eric Tillar Preston

Commercial Real Estate, Federal Appellate Practice, Estate Planning, Criminal

Status: In Good Standing Licensed: 13 Years

CONTACT

605 S Orange St, New Smyrna Beach, FL 32168

Matthew Evan Peterson

Trusts, Estate Planning, Civil Rights, Contract, Credit & Debt

Status: In Good Standing Licensed: 10 Years

CONTACT

418 Canal St, New Smyrna Beach, FL 32168

Hal Spence

Commercial Real Estate, Federal Trial Practice, Estate Planning

Status: In Good Standing Licensed: 40 Years

CONTACT

221 N Causeway, New Smyrna Beach, FL 32169

800-923-0641

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LEGAL TERMS

INHERIT

To receive property from someone who has died. Traditionally, the word 'inherit' applied only when one received property from a relative who died without a will... (more...)

To receive property from someone who has died. Traditionally, the word 'inherit' applied only when one received property from a relative who died without a will. Currently, however, the word is used whenever someone receives property from the estate of a deceased person.

CURATOR

See conservator.

EXEMPTION TRUST

A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth m... (more...)

A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth more than that amount, it usually goes to the surviving spouse. The trust property passes free from estate tax because of the personal exemption, and the rest is shielded from tax under the surviving spouse's marital deduction.

ENDOWMENT INSURANCE

Provides that an insured person who lives for the specified endowment period receives the face value of the insurance policy--that is, the amount paid at death.... (more...)

Provides that an insured person who lives for the specified endowment period receives the face value of the insurance policy--that is, the amount paid at death. If the policy-holder dies sooner, the beneficiary named in the policy receives the proceeds.

TRUSTEE

The person who manages assets owned by a trust under the terms of the trust document. A trustee's purpose is to safeguard the trust and distribute trust income ... (more...)

The person who manages assets owned by a trust under the terms of the trust document. A trustee's purpose is to safeguard the trust and distribute trust income or principal as directed in the trust document. With a simple probate-avoidance living trust, the person who creates the trust is also the trustee.

SURVIVING SPOUSE'S TRUST

If a couple has created an AB trust, the revocable living trust (Trust B) of the surviving spouse, after the first spouse has died.

PROPERTY CONTROL TRUST

Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who ha... (more...)

Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who have special physical, emotional or other requirements, (2) spendthrift trusts designed to prevent a beneficiary from wasting the trust principal; and (3) sprinkling trusts that allow the trustee to decide how to distribute trust income or principal among the beneficiaries.

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.

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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New Smyrna Beach Estate Lawyer, Florida

Sponsored Law Firm

Sword & Shield, P.A.

SPONSORED LAWYERS

Elizabeth A. Blackburn

Jeffrey P. Brock

Frank J. Yong

William E. Loucks

Harry G. McConnell

Craig T. James

William Tillar Preston

Eric Tillar Preston

Matthew Evan Peterson

Hal Spence

TIPS

LEGAL TERMS

INHERIT

CURATOR

EXEMPTION TRUST

ENDOWMENT INSURANCE

TRUSTEE

SURVIVING SPOUSE'S TRUST

PROPERTY CONTROL TRUST

ADEMPTION

NONPROBATE

SAMPLE LEGAL CASES

In re Estate of McKibbin

Estate of Johnson v. Badger Acquisition

SOVEREIGN HEALTHCARE v. Estate of Huerta

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