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Miami Wills & Probate Lawyer, Florida


Includes: Estate Administration, Living Wills, Wills

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.

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
Alicia C Briggs Lawyer

Alicia C Briggs

VERIFIED
Immigration, Divorce & Family Law, Real Estate Other, Wills, Health Care

Alicia was born in Kingston, Jamaica. She and her family moved to the United States when she was 12 years old. She attended Dillard High School in F... (more)

Jerome Richard Siegel Lawyer

Jerome Richard Siegel

VERIFIED
Estate, Wills & Probate, Guardianships & Conservatorships

Jerome R. Siegel has lived in South Florida for over 37 years. He is originally from Brooklyn, New York and attended Lincoln High School, Brooklyn Col... (more)

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)

C. Page Lane

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

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LEGAL TERMS

DISINHERIT

To deliberately prevent someone from inheriting something. This is usually done by a provision in a will stating that someone who would ordinarily inherit prope... (more...)
To deliberately prevent someone from inheriting something. This is usually done by a provision in a will stating that someone who would ordinarily inherit property -- a close family member, for example -- should not receive it. In most states, you cannot completely disinherit your spouse; a surviving spouse has the right to claim a portion (usually one-third to one-half) of the deceased spouse's estate. With a few exceptions, however, you can expressly disinherit children.

PERSONAL PROPERTY

All property other than land and buildings attached to land. Cars, bank accounts, wages, securities, a small business, furniture, insurance policies, jewelry, p... (more...)
All property other than land and buildings attached to land. Cars, bank accounts, wages, securities, a small business, furniture, insurance policies, jewelry, patents, pets and season baseball tickets are all examples of personal property. Personal property may also be called personal effects, movable property, goods and chattel, and personalty. Compare real estate.

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.

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.

GRANTOR

Someone who creates a trust. Also called a trustor or settlor.

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.

LAPSE

Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. S... (more...)
Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. Some states have anti-lapse statutes, which prevent gifts to relatives of the deceased person from lapsing unless the relative has no heirs of his or her own. A lapsed gift becomes part of the residuary estate.

RESIDUARY ESTATE

The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court c... (more...)
The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court costs are paid. The residuary estate also includes any gifts under a will that fail or lapse. For example, Connie's will leaves her house and all its furnishings to Andrew, her VW bug to her friend Carl, and the remainder of her property (the residuary estate) to her sister Sara. She doesn't name any alternate beneficiaries. Carl dies before Connie. The VW bug becomes part of the residuary estate and passes to Sara, along with all of Connie's property other than the house and furnishings. Also called the residual estate or residue.

INHERIT

To receive property from someone who has died. Traditionally, the word 'inherit' applied only when one received property from a relative who died without a will... (more...)
To receive property from someone who has died. Traditionally, the word 'inherit' applied only when one received property from a relative who died without a will. Currently, however, the word is used whenever someone receives property from the estate of a deceased person.

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. ...