Fort Lauderdale Wills & Probate Lawyer, Florida

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Chad E Brocato Lawyer

Chad E Brocato

VERIFIED
Wills & Probate, Trusts, Estate Administration, Living Wills, Power of Attorney
Trusted legal advocates

Our law firm focuses on helping clients protect their loved ones. We believe that no family wants to experience the expenses and long-term issues asso... (more)

FREE CONSULTATION 

CONTACT

954-300-2521

Chad E Brocato Lawyer

Chad E Brocato

VERIFIED
Estate, Estate Planning, Wills & Probate, Trusts
Trusted | Experienced | Focused

Attorney Chad E. Brocato became an internationally published author for emergency medical services trade publications prior to entering the field of l... (more)

FREE CONSULTATION 

CONTACT

800-879-2181

Yanique Lisa Otto Lawyer

Yanique Lisa Otto

VERIFIED
Divorce & Family Law, Accident & Injury, Immigration, Criminal, Wills & Probate
Legal Experience You Can Trust

Attorney Yanique L. Otto attended the University of the West Indies where she studied psychology and human resource management. She graduated from Bar... (more)

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CONTACT

800-947-7930

Andrew  Jiménez Lawyer

Andrew Jiménez

Business, Estate, Trusts, Wills & Probate

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CONTACT

850-766-0680

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Joseph  Brien Lawyer

Joseph Brien

VERIFIED
Business, Bankruptcy, Wills & Probate, Estate, Real Estate
Providing Legal Services to the South Florida area

The People’s Advocate is a full-service law firm with offices in Hollywood, Florida. A substantial client base is referred to our firm by previous ... (more)

FREE CONSULTATION 

CONTACT

800-692-4901

Jason Allen Rosner Lawyer

Jason Allen Rosner

VERIFIED
Criminal, Divorce & Family Law, Accident & Injury, Wills & Probate, Car Accident

With respect to his family law practice, Mr. Jason Rosner provides excellent legal services in the following areas: family law, divorce, dissolution o... (more)

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CONTACT

954-636-3106

Michael W. Gomez Lawyer

Michael W. Gomez

VERIFIED
Real Estate, Condominiums, Contract, Wills & Probate

I have had the pleasure of serving the public of the State of Florida for 20 years. I have worked in both State and Federal Court to advance the inte... (more)

William  Tucker Lawyer

William Tucker

VERIFIED
Wills & Probate, Estate, Trusts

Mr. Tucker is a valued associate with the Firm’s Business Litigation and Probate practice groups. His practice focuses on complex commercial and re... (more)

Yoni  Markhoff Lawyer

Yoni Markhoff

VERIFIED
Elder Law, Estate Planning, Trusts, Wills & Probate

Yoni Markhoff graduated from George Washington University with a Bachelors Degree as well as a Masters of Education. He taught high school US History ... (more)

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CONTACT

786-463-4463

Nicole M Loughlin Lawyer

Nicole M Loughlin

VERIFIED
Personal Injury, Car Accident, Estate Planning, Wills & Probate, Condominiums

Loughlin Law, P.A. is a boutique law firm in Boca Raton, Florida, servicing clients in Broward and Palm Beach County. Attorney Nicole M. Loughlin ear... (more)

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CONTACT

800-990-8420

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LEGAL TERMS

DISTRIBUTEE

(1) Anyone who receives something. Usually, the term refers to someone who inherits a deceased person's property. If the deceased person dies without a will (ca... (more...)
(1) Anyone who receives something. Usually, the term refers to someone who inherits a deceased person's property. If the deceased person dies without a will (called intestate), state law determines what each distributee will receive. Also called a beneficiary.

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.

SURROGATE COURT

See probate court.

INCOMPETENCE

The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at ... (more...)
The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at which the person is present and/or represented by an attorney. A finding of incompetence may lead to the appointment of a conservator to manage the person's affairs. Also known as 'incompetency.'

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.

ESTATE TAXES

Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and... (more...)
Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and whether or not it goes through probate after your death, is subject to federal estate tax. Currently, however, federal estate tax is due only if your property is worth at least $2 million when you die. The estate tax is scheduled to be repealed for one year, in 2010, but Congress will probably make the repeal (or a very high exempt amount) permanent. Any property left to a surviving spouse (if he or she is a U.S. citizen) or a tax-exempt charity is exempt from federal estate taxes. Many states now also impose their own estate taxes or inheritance taxes.

SPECIAL ADMINISTRATOR

(1) In the law of wills and estates, a person appointed by the court to take charge of only a designated portion of an estate during probate. For example, a spe... (more...)
(1) In the law of wills and estates, a person appointed by the court to take charge of only a designated portion of an estate during probate. For example, a special administrator with particular expertise on art might be appointed to oversee the probate of a wealthy person's art collection, but not the entire estate. (2) A person appointed to be responsible for a deceased person's property for a limited time or during an emergency, such as a challenge to the will or to the qualifications of the named executor. In such cases, the special administrator's duty is to maintain and preserve the estate, not necessarily to take control of the probate process

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.

BYPASS TRUST

A trust designed to lessen a family's overall estate tax liability. An AB trust is the most popular kind of bypass 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. ...