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Brian R Hersh
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Law Office Of Brian R Hersh
1541 Brickell Ave Suite C-1407 Miami, FL 33129» view map
Estate Law
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800-830-0960
1. Brian R Hersh Miami, FL
  Attorney at Law- FL
  University of Miami School of Law, J.D.
2. AboutLaw Office Of Brian R Hersh
  A Law Firm You Can Trust
3. Practice AreasExpertise
  Estate Law
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Elbert Radames Alfaro Beitia

Elder Law, Family Law, Trusts, Business & Trade

Status: In Good Standing Licensed: 24 Years

CONTACT

5801 Nw 151St St, Hialeah, FL 33014

Lewis Robert Elias

Contract, Land Use & Zoning, Government Contract, Trusts

Status: In Good Standing Licensed: 32 Years

CONTACT

15500 New Barn Rd, Hialeah, FL 33014

Elizabeth Delgado Mizrahi

Federal Trial Practice, Trusts, Family Law, Criminal

Status: In Good Standing

CONTACT

6175 Nw 153Rd St, Hialeah, FL 33014

Jacquelyn Wooden

Trusts, Adoption, Contract, Personal Injury

Status: In Good Standing

CONTACT

Hollywood, FL 33027

Anthony Bauza

Status: In Good Standing Licensed: 15 Years

CONTACT

Hollywood, FL 33027

Jacquelyn Lumpkin Wooden

Trusts, Adoption, Contract, Personal Injury

Status: In Good Standing

CONTACT

Hollywood, FL 33027

Hector Enrique Lora

Litigation, Trusts, Family Law, Business & Trade

Status: In Good Standing Licensed: 36 Years

CONTACT

174 Ne 106Th St, Miami, FL 33138

Richard William Wasserman

Trusts, Family Law, Civil Rights, Business & Trade

Status: In Good Standing Licensed: 65 Years

CONTACT

7230 Miami Lakeway S, Hialeah, FL 33014

Shoshana Lawrence Kraus

Commercial Real Estate, Federal Trial Practice, Trusts, Elder Law

Status: In Good Standing Licensed: 36 Years

CONTACT

1100 Ne 170Th St, North Miami Beach, FL 33162

Scott Frederic Rosenberg

Commercial Real Estate, Federal Appellate Practice, Trusts, Banking & Finance

Status: In Good Standing Licensed: 27 Years

CONTACT

1020 Ne 202Nd Ter, North Miami Beach, FL 33179

800-923-0641

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LEGAL TERMS

DOWER AND CURTESY

A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') ... (more...)

A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') refers to the portion to which a surviving wife is entitled, while curtesy refers to what a man may claim. Until recently, these amounts differed in a number of states. However, because discrimination on the basis of sex is now illegal in most cases, most states have abolished dower and curtesy and generally provide the same benefits regardless of sex -- and this amount is often known simply as the statutory share. Under certain circumstances, a living spouse may not be able to sell or convey property that is subject to the other spouse's dower and curtesy or statutory share rights.

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.

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.'

FUNDING A TRUST

Transferring ownership of property to a trust.

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.

DEED OF TRUST

See trust deed.

LETTERS TESTAMENTARY

The document given to an executor by the probate court, authorizing the executor to settle the estate according to either a will or the state's intestate succes... (more...)

The document given to an executor by the probate court, authorizing the executor to settle the estate according to either a will or the state's intestate succession laws.

TAKING AGAINST THE WILL

A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property.... (more...)

A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property. The surviving spouse can take that share instead of accepting whatever he or she inherited through the deceased spouse's will. If the surviving spouse decides to take the statutory share, it's called 'taking against the will.' Dower and curtesy is another name for the same legal process.

GENERATION-SKIPPING TRUST

A trust designed to save on estate tax. The trust principal is preserved for the trust maker's grandchildren, with his or her children receiving only income fro... (more...)

A trust designed to save on estate tax. The trust principal is preserved for the trust maker's grandchildren, with his or her children receiving only income from the trust. Because the children (the middle generation) never legally own the property, it isn't subject to estate tax at their death. See generation-skipping transfer tax.

SAMPLE LEGAL CASES

Doe v. Doe

... [1] The trusts administered by the Trustees include class gifts to the grandchildren of the settlors, Chester P. Doe, Jr. (Chester Jr.) and Eleanor Warren Doe (Eleanor). ... I. THE FACTS. A. The Trusts. On June 28, 1988, Chester Jr. ...

Parker v. Shullman

... Each of these trusts had sub-trusts for her daughter Lauri and granddaughter Cassie. Barbara designated 645 Shullman as the successor trustee of all of the trusts. ... When Barbara died, Shullman became trustee of the trusts. ...

Timmons v. Ingrahm

... In his will, Frank Sr. created two trusts: the Timmons Family Trust ("Family Trust") and the Timmons Marital Trust ("Marital Trust"). [1] The Timmons Family Trust was valued at $650,000. ... Myrtle was the sole income beneficiary of the trusts during her lifetime. ...

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Opa Locka Trusts Lawyer, Florida

Sponsored Law Firm

Law Office Of Brian R Hersh

SPONSORED LAWYERS

Elbert Radames Alfaro Beitia

Lewis Robert Elias

Elizabeth Delgado Mizrahi

Jacquelyn Wooden

Anthony Bauza

Jacquelyn Lumpkin Wooden

Hector Enrique Lora

Richard William Wasserman

Shoshana Lawrence Kraus

Scott Frederic Rosenberg

TIPS

LEGAL TERMS

DOWER AND CURTESY

INTESTATE

PRETERMITTED HEIR

FUNDING A TRUST

STATUTORY SHARE

DEED OF TRUST

LETTERS TESTAMENTARY

TAKING AGAINST THE WILL

GENERATION-SKIPPING TRUST

SAMPLE LEGAL CASES

Doe v. Doe

Parker v. Shullman

Timmons v. Ingrahm

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