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Miami Estate Planning Lawyer, Florida


Includes: Gift Taxation

Patrick Joseph Murphy Lawyer

Patrick Joseph Murphy

VERIFIED
Personal Injury, Slip & Fall Accident, Wrongful Death, Estate Planning, Real Estate Other

Patrick J. Murphy was born in Cambridge, Massachusetts. He has been practicing law in the State of Florida for more than 28 years. He attended Wake Fo... (more)

FREE CONSULTATION 

CONTACT

800-879-2181

Nicole Monique Loughlin Lawyer

Nicole Monique Loughlin

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

Nicole M. Loughlin earned her Juris Doctor from St. Thomas University School of Law, where she graduated Cum Laude and was among the top fifteen in he... (more)

William Luther Summers

Class Action, Consumer Protection, Domestic Violence & Neglect, Estate Planning, Family Law
Status:  In Good Standing           

C. Page Lane

Commercial Real Estate, Conveyancing, Estate Administration, Estate Planning, Family Law
Status:  In Good Standing           

Rosa T. Romero

Elder Law, Estate Planning, Family Law, Guardianships & Conservatorships, Litigation
Status:  In Good Standing           

FREE CONSULTATION 

CONTACT

Richard B. Adams

Estate Planning, Family Law, Insurance, Litigation, Personal Injury
Status:  In Good Standing           

Jaime J. Baca

Estate Planning, Family Law, Insurance, Litigation, Real Estate
Status:  In Good Standing           

Luis E. Barreto

Elder Law, Estate Planning, Family Law, Guardianships & Conservatorships, Litigation
Status:  In Good Standing           

FREE CONSULTATION 

CONTACT

Franklin D. Kreutzer

Business Organization, Estate Planning, Family Law, Wills & Probate, Real Estate
Status:  In Good Standing           

Stuart H. Altman

Commercial Leasing, Commercial Real Estate, Condominiums, Conveyancing, Gift Taxation
Status:  In Good Standing           

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

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800-943-8690

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Easily find Miami Estate Planning Lawyers and Miami Estate Planning Law Firms. For more attorneys, search all Estate areas including Trusts, Wills & Probate and Power of Attorney attorneys.

LEGAL TERMS

TESTAMENTARY TRUST

A trust created by a will, effective only upon the death of the willmaker.

TRUST DEED

The most common method of financing real estate purchases in California (most other states use mortgages). The trust deed transfers the title to the property to... (more...)
The most common method of financing real estate purchases in California (most other states use mortgages). The trust deed transfers the title to the property to a trustee -- often a title company -- who holds it as security for a loan. When the loan is paid off, the title is transferred to the borrower. The trustee will not become involved in the arrangement unless the borrower defaults on the loan. At that point, the trustee can sell the property and pay the lender from the proceeds.

ADMINISTRATION (OF AN ESTATE)

The court-supervised distribution of the probate estate of a deceased person. If there is a will that names an executor, that person manages the distribution. I... (more...)
The court-supervised distribution of the probate estate of a deceased person. If there is a will that names an executor, that person manages the distribution. If not, the court appoints someone, who is generally known as the administrator. In some states, the person is called the 'personal representative' in either instance.

DEATH TAXES

Taxes levied at death, based on the value of property left behind. Federal death taxes are called estate taxes. Some states levy inheritance taxes on people who... (more...)
Taxes levied at death, based on the value of property left behind. Federal death taxes are called estate taxes. Some states levy inheritance taxes on people who inherit property.

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.

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.

RESIDUARY BENEFICIARY

A person who receives any property by a will or trust that is not specifically left to another designated beneficiary. For example, if Antonio makes a will leav... (more...)
A person who receives any property by a will or trust that is not specifically left to another designated beneficiary. For example, if Antonio makes a will leaving his home to Edwina and the remainder of his property to Elmo, then Elmo is the residuary beneficiary.

ADMINISTRATOR

A person appointed by a probate court to handle the distribution of property of someone who has died without a will, or with a will that fails to name someone t... (more...)
A person appointed by a probate court to handle the distribution of property of someone who has died without a will, or with a will that fails to name someone to carry out this task. administrator ad litem A person appointed by a probate court to represent an estate during a lawsuit. (Ad litem is Latin for 'during the litigation.') An administrator ad litem is appointed only if there is no existing executor or administrator of the estate, or if the executor or administrator has conflicting interests. For example, Jerry's will leaves most of his property to his brother, Jeff, and also names Jeff as executor of the will. But Jerry's sister, Janine, feels that Jerry made the will under improper pressure from Jeff, and brings a lawsuit to challenge it. The court appoints an administrator ad litem to represent Jerry's estate while the lawsuit is in progress. Also known as administrator ad prosequendum, meaning administrator 'during the prosecution.' administrator ad prosequendum See administrator ad litem.administrator cum testamento annexo See administrator with will annexed. administrator de bonis non (DBN) Latin for 'administrator of goods not administered.' This term refers to the person appointed by a probate court to finish probate proceedings when the executor or previous administrator can't finish the job.administrator de bonis non cum testamento annexo (DBNCTA) A baffling title for an administrator appointed by a probate court to take over probate proceedings when the named executor dies, leaving the job unfinished.administrator pendente lite Latin for 'administrator pending litigation.' This term refers to the person appointed by a court to begin probate proceedings during a lawsuit that challenges the will. The administrator pendente lite takes an inventory of the deceased person's property and handles the business affairs of the estate until the dispute is settled. Also called a special administrator.administrator with will annexed An administrator who takes the place of an executor under a will. The administrator steps in either when a will fails to nominate an executor or the named executor is unable to serve. Also called administrator cum testamento annexo or CTA, the Latin version of 'with the will annexed.'

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

Brundage v. Bank of America

... disputed transfers from the trust. Dorothy Gutsgell and her husband, who had no children of their own, executed a series of estate planning documents, using the law firm of Ruden McClosky for their planning. In 1992 Dorothy, as ...

Yang Enterprises, Inc. v. Georgalis

... Petitioners filed suit against Respondent for trade secret theft, tortious interference with a business relationship, and trade libel. In 1999, Petitioners retained Anthony Palma, an attorney in Broad and Cassel's Orlando office, for estate planning services. ...

Wheeler v. Powers

... In 2000, Dorothy L. Powers and her husband, Albert Powers, retained Kenneth B. Wheeler, an estates and trust attorney, to prepare estate planning documents. ... [1]. On December 20, 2004, Dorothy created several new estate planning documents through a different attorney. ...