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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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Christopher W Lobianco

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Divorce & Family Law, Estate, Business, Criminal

After spending his early childhood on Long Island, New York, Mr. LoBianco moved to Hernando County, Florida with his loving parents and two younger si... (more)

FREE CONSULTATION

CONTACT

904-671-8395

6100 Greenland Road, Jacksonville, FL 32258

Aaron Paul Cain

Bankruptcy, Litigation, Civil Rights, Estate Planning

Status: In Good Standing

CONTACT

1400 Marsh Landing Pkwy, Jacksonville, FL 32250

Adam Dugan

Commercial Real Estate, Estate Planning, Estate, Business

Status: In Good Standing

CONTACT

419 3Rd St N, Jacksonville, FL 32250

Adam Christopher Kabat

Commercial Real Estate, Trusts, Estate Planning

Status: In Good Standing Licensed: 13 Years

CONTACT

12275 Cobblefield Cir N, Jacksonville, FL 32224

Adam J. Dugan

Commercial Real Estate, Estate Planning, Estate, Business

Status: In Good Standing Licensed: 10 Years

CONTACT

419 3Rd St N, Jacksonville, FL 32250

Adam L. Tucker

Corporate, Trusts, Contract, Merger & Acquisition

Status: In Good Standing

CONTACT

10752 Deerwood Park Blvd, Jacksonville, FL 32256

Ailish Christine O'Connor

Commercial Real Estate, Estate Planning, Elder Law, Civil & Human Rights

Status: In Good Standing Licensed: 34 Years

CONTACT

11555 Central Pkwy, Jacksonville, FL 32224

Alessandro A. Apolito

Federal Trial Practice, Trusts, Estate Planning, Estate, Consumer Rights

Status: In Good Standing Licensed: 14 Years

CONTACT

10151 Deerwood Park Blvd, Jacksonville, FL 32256

Alisa D. Wilkes

Estate, Bankruptcy & Debt, Wrongful Death, Personal Injury

Status: In Good Standing Licensed: 15 Years

FREE CONSULTATION

CONTACT

13400 S. Sutton Park Dr., Jacksonville, FL 32224

Amanda Marie Thoele

Trusts, Family Law, Civil Rights, Personal Injury

Status: In Good Standing

CONTACT

5262 Commissioners Dr, Jacksonville, FL 32224

800-923-0641

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LEGAL TERMS

EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 (ERISA)

A federal law passed to protect pension rights. ERISA: sets minimum standards for pension plans, guaranteeing that pension rights cannot be unfairly denied to o... (more...)

A federal law passed to protect pension rights. ERISA: sets minimum standards for pension plans, guaranteeing that pension rights cannot be unfairly denied to or taken from a worker provides some protection for workers in the event certain types of pension plans cannot pay the benefits to which workers are entitled, and requires that employers provide full and clear information about employees' pension rights, including the way pension benefits accumulate, how the company invests pension funds, and when and how pension benefits can be collected.

AUGMENTED ESTATE

In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used on... (more...)

In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used only in some states. Its value is calculated only if a surviving spouse declines whatever he or she was left by will and instead claims a share of the deceased spouse's estate. (This is called taking against the will.) The amount of this 'statutory share' or 'elective share' depends on state law.

WILL

A document in which you specify what is to be done with your property when you die and name your executor. You can also use your will to name a guardian for you... (more...)

A document in which you specify what is to be done with your property when you die and name your executor. You can also use your will to name a guardian for your young children.

POWER OF APPOINTMENT

The legal authority to decide who will receive someone else's property, usually property held in a trust. Most trustees can distribute the income from a trust o... (more...)

The legal authority to decide who will receive someone else's property, usually property held in a trust. Most trustees can distribute the income from a trust only according to the terms of the trust, but a trustee with a power of appointment can choose the beneficiaries, sometimes from a list of candidates specified by the grantor. For example, Karin creates a trust with power of appointment to benefit either the local art museum, symphony, library or park, depending on the trustee's assessment of need.

ACCUMULATION TRUST

A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met. For example, if Uncle Pierre creates a trust for Nic... (more...)

A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met. For example, if Uncle Pierre creates a trust for Nick's benefit but stipulates that Nick will not get a penny until he gets a Ph.D. in French; Nick is the beneficiary of an accumulation trust.

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.

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.

PROVING A WILL

Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily sat... (more...)

Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily satisfies by showing that the will was signed and dated by the deceased person in front of two or more witnesses. When the will is holographic -- that is, completely handwritten by the deceased and not witnessed, it is still valid in many states if the executor can produce relatives and friends to testify that the handwriting is that of the deceased.

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.

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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Ponte Vedra Beach Estate Lawyer, Florida

Sponsored Law Firm

Sword & Shield, P.A.

SPONSORED LAWYERS

Christopher W Lobianco

Aaron Paul Cain

Adam Dugan

Adam Christopher Kabat

Adam J. Dugan

Adam L. Tucker

Ailish Christine O'Connor

Alessandro A. Apolito

Alisa D. Wilkes

Amanda Marie Thoele

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LEGAL TERMS

EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 (ERISA)

AUGMENTED ESTATE

WILL

POWER OF APPOINTMENT

ACCUMULATION TRUST

TAKING AGAINST THE WILL

RESIDUARY ESTATE

PROVING A WILL

GRANT DEED

SAMPLE LEGAL CASES

In re Estate of McKibbin

Estate of Johnson v. Badger Acquisition

SOVEREIGN HEALTHCARE v. Estate of Huerta

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