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Brian R Hersh
About | Practice Areas
Law Office Of Brian R Hersh
1541 Brickell Ave Suite C-1407 Miami, FL 33129» view map
Estate Law
A Law Firm You Can Trust

Let The Law Office Of Brian R Hersh handle all your estate matters today.

800-830-0960
1. Brian R Hersh Miami, FL
  Attorney at Law- FL
  University of Miami School of Law, J.D.
2. AboutLaw Office Of Brian R Hersh
  A Law Firm You Can Trust
3. Practice AreasExpertise
  Estate Law
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Includes: Estate Administration, Living Wills, Wills

Berenice Marie Mottin-Berger

Construction, Wills & Probate, Civil Rights, Business

Status: In Good Standing

CONTACT

201 Alhambra Cir, Miami, FL 33134

Jacqueline Augusto

Wills & Probate, Guardianships & Conservatorships, Wills

Status: In Good Standing

CONTACT

201 Alhambra Circle, Miami, FL 33134

Caridad Rusconi

Landlord-Tenant, Real Estate, Wills & Probate, Collection

Status: In Good Standing

CONTACT

201 Alhambra Cir, Miami, FL 33134

Elisabeth D. Kozlow

Construction, Litigation, Aviation, Wills & Probate

Status: In Good Standing

CONTACT

201 Alhambra Cir, Miami, FL 33134

Georg Ketelhohn

Condominiums, Construction, Wills & Probate, Trade Associations

Status: In Good Standing

CONTACT

201 Alhambra Cir, Miami, FL 33134

Jason M. Rodgers-da Cruz

Construction, Wills & Probate, Trade Associations, Condominiums

Status: In Good Standing

CONTACT

201 Alhambra Cir, Miami, FL 33134

Maryvel De Castro Valdes

Construction, Litigation, Wills & Probate, Collection

Status: In Good Standing

CONTACT

201 Alhambra Cir, Miami, FL 33134

Oscar R. Rivera

Landlord-Tenant, Real Estate, Wills & Probate, Business

Status: In Good Standing

CONTACT

201 Alhambra Cir, Miami, FL 33134

Susan C. Odess

Real Estate, Living Wills, Insurance, Trade Associations

Status: In Good Standing

CONTACT

201 Alhambra Cir, Miami, FL 33134

Mark S Scott

Estate Planning, International Tax, Commercial Real Estate, Trusts, Wills

Status: In Good Standing Licensed: 28 Years

CONTACT

600 Coral Way, Miami, FL 33134

800-923-0641

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LEGAL TERMS

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.'

NONPROBATE

The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surv... (more...)

The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surviving spouse and property left outside of a will through probate-avoidance methods such as pay-on-death designations, joint tenancy ownership, living trusts and life insurance. Property that avoids probate is sometimes described as the 'nonprobate estate.' Nonprobate distribution may also occur if the deceased person leaves an invalid will. In that case, property will pass according to the particular state's laws of intestate succession.

STATUTORY SHARE

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceas... (more...)

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceased spouse's property, but in some states the exact amount of the spouse's share depends on whether or not the couple has young children and, in a few states, on how long the couple was married. In most states, if the deceased spouse left a will, the surviving spouse must choose either what the will provides or the statutory share. Sometimes the statutory share is known by its more arcane legal name, dower and curtesy, or as a forced or elective share.

ADMINISTRATRIX

An outdated term for a female administrator -- the person appointed by a court to handle probate on behalf of someone who died without a will. Now, whether male... (more...)

An outdated term for a female administrator -- the person appointed by a court to handle probate on behalf of someone who died without a will. Now, whether male or female, this person is called the administrator.

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.

MARITAL LIFE ESTATE TRUST

See AB trust.

TRUSTEE POWERS

The provisions in a trust document defining what the trustee may and may not do.

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.

FAILURE OF ISSUE

A situation in which a person dies without children who could have inherited her property.

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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Miami Wills & Probate Lawyer, Florida, page 3

Sponsored Law Firm

Law Office Of Brian R Hersh

SPONSORED LAWYERS

Berenice Marie Mottin-Berger

Jacqueline Augusto

Caridad Rusconi

Elisabeth D. Kozlow

Georg Ketelhohn

Jason M. Rodgers-da Cruz

Maryvel De Castro Valdes

Oscar R. Rivera

Susan C. Odess

Mark S Scott

TIPS

LEGAL TERMS

INCOMPETENCE

NONPROBATE

STATUTORY SHARE

ADMINISTRATRIX

ANCILLARY PROBATE

MARITAL LIFE ESTATE TRUST

TRUSTEE POWERS

SUCCESSION

FAILURE OF ISSUE

SAMPLE LEGAL CASES

IN RE AMEND. TO THE FLORIDA PROBATE RULES

McCormick v. McCormick

In re Guardianship of Shell

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