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Miami Estate Lawyer, Florida


Richard  Martinez Lawyer

Richard Martinez

VERIFIED
Accident & Injury, Criminal, Estate, Lawsuit & Dispute, Business

Richard Martinez is the founding Partner of The Martinez Law Offices. Mr. Martinez is an experienced trial lawyer. He graduated from the University of... (more)

Holly  Cohen Lawyer

Holly Cohen

VERIFIED
Real Estate, Real Estate Other, Wills & Probate

Over 20 years experience in all real estate related transactions, including the sale and purchase of residential and commercial properties, purchasing... (more)

FREE CONSULTATION 

CONTACT

800-978-8721

Maria G Palacios Lawyer

Maria G Palacios

VERIFIED
Accident & Injury, Immigration, Workers' Compensation, Wrongful Termination, Wills & Probate

Maria Palacios is a practicing attorney in the state of Florida. She currently works at The Law Professionals Law Group in Coral Gables, FL.

Frank L. Hollander Lawyer

Frank L. Hollander

VERIFIED
Lawsuit, Business, Real Estate, Estate, Personal Injury

Hollander and Associates, LLC is a Miami law office established in 1988, practicing in: • Lawsuits • Fraud and Misrepresentation • Trust ... (more)

FREE CONSULTATION 

CONTACT

800-685-1651

Michael Alan Furshman Lawyer

Michael Alan Furshman

VERIFIED
Collection, Real Estate, Trusts

Michael A. Furshman is the managing member and principal of the company. Mr. Furshman represents real estate developers, investment funds and other co... (more)

Edward Philip Green Lawyer

Edward Philip Green

VERIFIED
Divorce & Family Law, Estate, Business, Real Estate, Power of Attorney

Attorney E. Philip Green is the president of E. Philip Green, P.A. He worked in the movie and stage industry putting himself though college and law s... (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)

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)

FREE CONSULTATION 

CONTACT
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)

Andrew  Jiménez Lawyer

Andrew Jiménez

Business, Estate, Trusts, Wills & Probate

FREE CONSULTATION 

CONTACT

Free Help: Use This Form or Call 800-943-8690

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800-943-8690

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LEGAL TERMS

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.

MARITAL LIFE ESTATE TRUST

See AB trust.

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.

COUNTERCLAIM

A defendant's court papers that seek to reverse the thrust of the lawsuit by claiming that it was the plaintiff -- not the defendant -- who committed legal wron... (more...)
A defendant's court papers that seek to reverse the thrust of the lawsuit by claiming that it was the plaintiff -- not the defendant -- who committed legal wrongs, and that as a result it is the defendant who is entitled to money damages or other relief. Usually filed as part of the defendant's answer -- which also denies plaintiff's claims -- a counterclaim is commonly but not always based on the same events that form the basis of the plaintiff's complaint. For example, a defendant in an auto accident lawsuit might file a counterclaim alleging that it was really the plaintiff who caused the accident. In some states, the counterclaim has been replaced by a similar legal pleading called a cross-complaint. In other states and in federal court, where counterclaims are still used, a defendant must file any counterclaim that stems from the same events covered by the plaintiff's complaint or forever lose the right to do so. In still other states where counterclaims are used, they are not mandatory, meaning a defendant is free to raise a claim that it was really the plaintiff who was at fault either in a counterclaim or later as part of a separate lawsuit.

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.'

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.'

ANCILLARY PROBATE

A probate proceeding conducted in a different state from the one the deceased person resided in at the time of death. Usually, ancillary probate proceedings are... (more...)
A probate proceeding conducted in a different state from the one the deceased person resided in at the time of death. Usually, ancillary probate proceedings are necessary if the deceased person owned real estate in another state.

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.

PUBLIC ADMINISTRATOR

Someone appointed by a probate court to oversee probate proceedings when a person dies without a will or heirs, and his or her property is expected to pass to t... (more...)
Someone appointed by a probate court to oversee probate proceedings when a person dies without a will or heirs, and his or her property is expected to pass to the state. Some states have public administrators who are responsible for temporarily preserving the assets of an estate if there are disputes about specific provisions in the will or about who will be appointed the regular administrator.

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, ...