Cape Coral Wills & Probate Lawyer, Florida

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Atty. Raymond Mitchell
Chapter 7 | Chapter 13
The Law Firm of Raymond Mitchell
3717 Del Prado Blvd. South Cape Coral, Florida 33904 » view map
Lee County Bankruptcy Lawyer
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We strive to protect your freedom and rights and provide high quality legal services to you in a professional, respectful, realistic and honest manner.

800-256-5820
1. Raymond B. Mitchell Cape Coral
  Attorney At Law - FL, 1994
  Regent University School of Law - 1993
2. Chapter 7Liquidation
  A Chapter 7 liquidation proceeding is available to individuals, partnerships, and corporations.
3. Chapter 13Reorganization
  A Chapter 13 bankruptcy, or "wage earner reorganization" is available only to individuals with regular income.
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Includes: Estate Administration, Living Wills, Wills

Carol R. Sellers

✓ VERIFIED

Estate, Trusts, Real Estate, Wills

With more than 30 years of experience, attorney Carol R. Sellers is well equipped to handle even the most complex estate planning and real estate situ... (more)

CONTACT

800-913-2440

3525 Bonita Beach Road, Bonita Springs, FL 34134

Carlena Elizabeth Hull

✓ VERIFIED

Wills & Probate

When a loved one passes away in Florida, settling their estate will benefit from and usually requires a Florida Bar licensed attorney. My probate law... (more)

FREE CONSULTATION

CONTACT

239-220-3100

9240 Bonita Beach Road, Bonita Springs, FL 34135

Larry D. Sutton

Estate Planning, Personal Injury, Wills & Probate, Real Estate

Status: In Good Standing

CONTACT

1714 Cape Coral Parkway East, Cape Coral, FL 33904

Richard V. S. Roosa

Wills & Probate, Real Estate, Trusts, Wills

Status: In Good Standing

CONTACT

1714 Cape Coral Parkway East, Cape Coral, FL 33904

Scott A. Cummings

Estate Administration, Estate Planning, Trusts, Estate, Wills & Probate

Status: In Good Standing

CONTACT

6810 Porto Fino Circle, Fort Myers, FL 33912

Deborah A. Wainey

Social Security -- Disability, Health Care, Government Agencies, Wills & Probate

Status: In Good Standing

CONTACT

6843 Porto Fino Circle, Fort Myers, FL 33912

Carol Vlachos

Family Law, Wills & Probate, Personal Injury, Household Mold

Status: In Good Standing

CONTACT

9990 Coconut Road, Bonita Springs, FL 34135

Robert C. Adamski

Land Use & Zoning, Wills, Wills & Probate, Banking & Finance

Status: In Good Standing Licensed: 46 Years

CONTACT

1714 Cape Coral Pkwy E, Cape Coral, FL 33904

Benjamin Lusk

Wills & Probate, Civil Rights, Business, Personal Injury

Status: In Good Standing

CONTACT

202 Del Prado Blvd S, Cape Coral, FL 33990

Thomas Eldon Shipp

Commercial Real Estate, Wills, Trusts, Estate Planning

Status: In Good Standing Licensed: 47 Years

CONTACT

1222 Se 47Th St, Cape Coral, FL 33904

800-923-0641

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LEGAL TERMS

SUCCESSOR TRUSTEE

The person or institution who takes over the management of trust property when the original trustee has died or become incapacitated.

LIVING TRUST

A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the t... (more...)

A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the trust during your life passes directly to the trust beneficiaries after you die, without court involvement. The successor trustee--the person you appoint to handle the trust after your death--simply transfers ownership to the beneficiaries you named in the trust. Living trusts are also called 'inter vivos trusts.'

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.

CERTIFICATION OF TRUST

See abstract of trust.

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.

FINAL BENEFICIARY

The person or institution designated to receive trust property upon the death of a life beneficiary. For example, Jim creates a trust through which his wife Jan... (more...)

The person or institution designated to receive trust property upon the death of a life beneficiary. For example, Jim creates a trust through which his wife Jane receives income for the duration of her life. Their daughter, the final beneficiary, receives the trust principal after Jane's death.

QDOT TRUST

A trust used to postpone estate tax when more than the amount of the personal federal estate tax exemption is left to a non-U.S. citizen spouse by the other spo... (more...)

A trust used to postpone estate tax when more than the amount of the personal federal estate tax exemption is left to a non-U.S. citizen spouse by the other spouse. QDOT stands for qualified domestic trust.

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.

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.

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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Cape Coral Wills & Probate Lawyer, Florida

Sponsored Law Firm

The Law Firm of Raymond Mitchell

SPONSORED LAWYERS

Carol R. Sellers

Carlena Elizabeth Hull

Larry D. Sutton

Richard V. S. Roosa

Scott A. Cummings

Deborah A. Wainey

Carol Vlachos

Robert C. Adamski

Benjamin Lusk

Thomas Eldon Shipp

TIPS

LEGAL TERMS

SUCCESSOR TRUSTEE

LIVING TRUST

PROPERTY CONTROL TRUST

CERTIFICATION OF TRUST

DOWER AND CURTESY

FINAL BENEFICIARY

QDOT TRUST

ADEMPTION

AB TRUST

SAMPLE LEGAL CASES

IN RE AMEND. TO THE FLORIDA PROBATE RULES

McCormick v. McCormick

In re Guardianship of Shell

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