Gainesville Wills & Probate Lawyer, Florida

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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

Stephanie N. Mack

Family Law, Medical Malpractice, Wills & Probate, Premises Liability

Status: In Good Standing

FREE CONSULTATION

CONTACT

311 North East 1st Street, Gainesville, FL 32601

Katherine L. Floyd

Estate, Wills & Probate, Estate Planning, Landlord-Tenant

Status: In Good Standing

CONTACT

4545 NW 8th Avenue, Gainesville, FL 32605

Nancy T. Baldwin

Family Law, Wills & Probate, Civil Rights, Elder Law

Status: In Good Standing

FREE CONSULTATION

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309 N.E. 1st Street, Gainesville, FL 32601

Katherine J. Cotter

Business Organization, Family Law, Wills & Probate, Civil Rights

Status: In Good Standing

FREE CONSULTATION

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3312 West University Avenue, Gainesville, FL 32607

Aaron L. Moore

Wills, Estate Administration, Wills & Probate, Trusts

Status: In Good Standing

CONTACT

18 NW 33 Court, Gainesville, FL 32607

Thomas G. Christmann

Business Organization, Estate Administration, Estate Planning, Tax

Status: In Good Standing

CONTACT

18 NW 33 Court, Gainesville, FL 32607

Scott David Krueger

Tax, Real Estate, Wills & Probate, Trusts

Status: In Good Standing Licensed: 38 Years

CONTACT

2750 Northwest 43Rd St, Gainesville, FL 32606

Stephen K. Miller

Wills & Probate, Collaborative Law, Family Law, Medical Malpractice

Status: In Good Standing Licensed: 56 Years

CONTACT

101 Nw 75Th St, Gainesville, FL 32607

David E. Menet

Litigation, Wills & Probate, Corporate, Business Organization

Status: In Good Standing Licensed: 27 Years

CONTACT

3940 Nw 16Th Blvd, Gainesville, FL 32605

Adam Daniel Roark

Wills & Probate, Estate Planning, Estate, Business

Status: In Good Standing Licensed: 17 Years

CONTACT

4229 NW 43rd St, Gainesville, FL 32606

800-923-0641

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LEGAL TERMS

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.

POUR-OVER WILL

A will that 'pours over' property into a trust when the will maker dies. Property left through the will must go through probate before it goes into the trust.

BANKRUPTCY ESTATE

All of the property you own when you file for bankruptcy, except for most pensions and educational trusts. The trustee technically takes control of your bankrup... (more...)

All of the property you own when you file for bankruptcy, except for most pensions and educational trusts. The trustee technically takes control of your bankruptcy estate for the duration of your case.

CERTIFICATION OF TRUST

See abstract of trust.

SUCCESSION

The passing of property or legal rights after death. The word commonly refers to the distribution of property under a state's intestate succession laws, which d... (more...)

The passing of property or legal rights after death. The word commonly refers to the distribution of property under a state's intestate succession laws, which determine who inherits property when someone dies without a valid will. When used in connection with real estate, the word refers to the passing of property by will or inheritance, as opposed to gift, grant, or purchase.

BEQUEATH

A legal term sometimes used in wills that means 'leave' -- for example, 'I bequeath my garden tools to my brother-in-law, Buster Jenkins.'

PROBATE COURT

A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate cour... (more...)

A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate court' in New York and several other states, this court normally examines the authenticity of a will -- or if a person dies intestate, figures out who receives her property under state law. It then oversees a procedure to pay the deceased person's debts and to distribute her assets to the proper inheritors. See probate.

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.

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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Gainesville Wills & Probate Lawyer, Florida

Sponsored Law Firm

Sword & Shield, P.A.

SPONSORED LAWYERS

Stephanie N. Mack

Katherine L. Floyd

Nancy T. Baldwin

Katherine J. Cotter

Aaron L. Moore

Thomas G. Christmann

Scott David Krueger

Stephen K. Miller

David E. Menet

Adam Daniel Roark

TIPS

LEGAL TERMS

POWER OF APPOINTMENT

POUR-OVER WILL

BANKRUPTCY ESTATE

CERTIFICATION OF TRUST

SUCCESSION

BEQUEATH

PROBATE COURT

ESTATE TAXES

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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