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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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Includes: Estate Administration, Living Wills, Wills

Frederick T. Goller

Living Wills, Estate Administration, Wills & Probate, Estate Planning

Status: In Good Standing

CONTACT

1028 Lake Sumter Landing, The Villages, FL 32162

Stephen W. Johnson

Estate Planning, Contract, Employment, Trusts, Wills

Status: In Good Standing

CONTACT

1000 West Main Street, Leesburg, FL 34748

Ronald A. Jones

Wills & Probate, Estate Planning, Estate, Real Estate, Contract

Status: In Good Standing

CONTACT

15600 A S US Hwy 441, Summerfield, FL 34491

Stephen Joseph Press

Wills & Probate, Family Law, Elder Law, Business Organization

Status: In Good Standing Licensed: 53 Years

CONTACT

1337 Augustine Dr, Lady Lake, FL 32159

Sarah Elizabeth Uhrik

General Practice

Status: In Good Standing Licensed: 7 Years

CONTACT

1028 Lake Sumter Landing, Lady Lake, FL 32162

Stephen Warfield Johnson

Estate Planning, Contract, Employment, Trusts, Wills

Status: In Good Standing

CONTACT

215 N 2nd St, Leesburg, FL 34748

Barbara L. Jouette

Farms, Wills, Family Law, Divorce

Status: In Good Standing Licensed: 27 Years

CONTACT

1498 Abercrombie Way, Lady Lake, FL 32162

Katina Helen Pantazis

Wills & Probate, Estate Planning, Estate, Elder Law, Business Organization

Status: In Good Standing Licensed: 15 Years

CONTACT

13710 North US Hwy 441, The Villages, FL 32159

Kimberly Colby Harris

Military, Wills, Elder Law, Property Damage

Status: In Good Standing

CONTACT

320 Rhapsody Path, Lady Lake, FL 32162

Kimberly C. Harris

Military, Wills, Elder Law, Civil & Human Rights

Status: In Good Standing

CONTACT

320 Rhapsody Path, Lady Lake, FL 32162

800-923-0641

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LEGAL TERMS

GENERATION-SKIPPING TRANSFER TAX

A federal tax imposed on money placed in a generation-skipping trust. Currently, there is a $1 million exemption to the GSTT; that is, each person may leave $1 ... (more...)

A federal tax imposed on money placed in a generation-skipping trust. Currently, there is a $1 million exemption to the GSTT; that is, each person may leave $1 million in a generation-skipping trust free of this tax. The GSST is imposed when the middle-generation beneficiaries die and the property is transferred to the third-generation beneficiaries. Every dollar over $1 million is subject to the highest existing estate tax rate--currently 55%--at the time the GSTT tax is applied.

CERTIFICATION OF TRUST

See abstract of trust.

SPRINKLING TRUST

A trust that gives the person managing it (the trustee) the discretion to disburse its funds among the beneficiaries in any way he or she sees fit.

INVESTOR

A person who makes investments. An investor may act either for herself or on behalf of others. A stock broker or mutual fund manager, for instance, makes invest... (more...)

A person who makes investments. An investor may act either for herself or on behalf of others. A stock broker or mutual fund manager, for instance, makes investments for others who have entrusted her with their money.

HOLOGRAPHIC WILL

A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many stat... (more...)

A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many states, making a holographic will is never advised except as a last resort.

AB TRUST

A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of... (more...)

A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of the property goes to the beneficiaries named in the trust -- commonly, the grown children of the couple -- with the crucial condition that the surviving spouse has the right to use the property for life and is entitled to any income it generates. The surviving spouse may even be allowed to spend principal in certain circumstances. When the surviving spouse dies, the property passes to the trust beneficiaries. It is not considered part of the second spouse's estate for estate tax purposes. Using this kind of trust keeps the second spouse's taxable estate half the size it would be if the property were left directly to the spouse. This type of trust is also known as a bypass or credit shelter trust.

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.

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.'

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.

SAMPLE LEGAL CASES

IN RE AMEND. TO THE FLORIDA PROBATE RULES

After considering the Committee's proposals and reviewing the relevant legislation, we adopt all the Committee's proposals except the proposed amendment to subdivision (b) of rule 5.260. Consistent with statutory changes made by chapter 2010-132, section 3, Laws of ...

McCormick v. McCormick

... We have for review an order admitting to probate the Last Will and Testament of decedent Ferral Lee McCormick, Sr., but denying letters of administration to appellant Ferral Lee McCormick, Jr., whom the testate decedent had duly nominated as personal representative. ...

In re Guardianship of Shell

... VILLANTI, Judge. Lutheran Services Florida, Inc., the guardian of Bertha Shell, appeals from the probate court's order denying its objections to an earlier order that awarded Lutheran Services guardian's fees in an amount less than it requested. ...

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The Villages Wills & Probate Lawyer, Florida

Sponsored Law Firm

Sword & Shield, P.A.

SPONSORED LAWYERS

Frederick T. Goller

Stephen W. Johnson

Ronald A. Jones

Stephen Joseph Press

Sarah Elizabeth Uhrik

Stephen Warfield Johnson

Barbara L. Jouette

Katina Helen Pantazis

Kimberly Colby Harris

Kimberly C. Harris

TIPS

LEGAL TERMS

GENERATION-SKIPPING TRANSFER TAX

CERTIFICATION OF TRUST

SPRINKLING TRUST

INVESTOR

HOLOGRAPHIC WILL

AB TRUST

IN TERROREM

PRETERMITTED HEIR

ADEMPTION

SAMPLE LEGAL CASES

IN RE AMEND. TO THE FLORIDA PROBATE RULES

McCormick v. McCormick

In re Guardianship of Shell

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