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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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Elizabeth A. Blackburn

Wills, Wills & Probate, Family Law, Divorce

Status: In Good Standing

CONTACT

648 S. Ridgewood Avenue, Daytona Beach, FL 32114

Jeffrey P. Brock

Real Estate, Wills & Probate, Estate, Business

Status: In Good Standing

CONTACT

444 Seabreeze Boulevard, Daytona Beach, FL 32118

Frank J. Yong

Corporate Tax, Gift Taxation, Tax

Status: In Good Standing

CONTACT

444 Seabreeze Boulevard, Daytona Beach, FL 32118

William E. Loucks

Banking & Finance, Commercial Real Estate, Wills & Probate, Trusts

Status: In Good Standing

CONTACT

444 Seabreeze Boulevard, Daytona Beach, FL 32118

Harry G. McConnell

Business Organization, Estate Planning, Guardianships & Conservatorships

Status: In Good Standing

CONTACT

444 Seabreeze Boulevard, Daytona Beach, FL 32118

Craig T. James

Litigation, Wills & Probate, Family Law, Personal Injury

Status: In Good Standing

FREE CONSULTATION

CONTACT

431 East New York Avenue, Deland, FL 32721

Jerry Phillip Kahn

Accident & Injury, Estate Planning, Business & Trade, Commercial Real Estate

Status: In Good Standing Licensed: 51 Years

CONTACT

Edgewater, FL 32132

Tanya M Plaut

Estate, Employee Rights, Divorce, Divorce & Family Law

Status: In Good Standing Licensed: 55 Years

CONTACT

127 Richport Ln, Edgewater, FL 32132

Patricia Sue Gessel

Residential Real Estate, Commercial Real Estate, Government, Estate Planning

Status: In Good Standing Licensed: 28 Years

CONTACT

103 Donlon Dr, New Smyrna Beach, FL 32168

William Tillar Preston

Commercial Real Estate, State and Local, Estate Planning, Elder Law

Status: In Good Standing Licensed: 41 Years

CONTACT

605 S Orange St, New Smyrna Beach, FL 32168

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LEGAL TERMS

TAKING AGAINST THE WILL

A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property.... (more...)

A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property. The surviving spouse can take that share instead of accepting whatever he or she inherited through the deceased spouse's will. If the surviving spouse decides to take the statutory share, it's called 'taking against the will.' Dower and curtesy is another name for the same legal process.

INVENTORY

A complete listing of all property owned by a deceased person at the time of death. The inventory is filed with the court during probate. The executor or admini... (more...)

A complete listing of all property owned by a deceased person at the time of death. The inventory is filed with the court during probate. The executor or administrator of the estate is responsible for making and filing the inventory.

ADEMPTION

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she di... (more...)

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she dies. Often this happens because the property has been sold, destroyed or given away to someone other than the beneficiary named in the will. A bequest may also be adeemed when the will maker, while still living, gives the property to the intended beneficiary (called 'ademption by satisfaction'). When a bequest is adeemed, the beneficiary named in the will is out of luck; he or she doesn't get cash or a different item of property to replace the one that was described in the will. For example, Mark writes in his will, 'I leave to Rob the family vehicle,' but then trades in his car in for a jet ski. When Mark dies, Rob will receive nothing. Frustrated beneficiaries may challenge an ademption in court, especially if the property was not clearly identified in the first place.

INHERITANCE TAXES

Taxes some states impose on people or organizations who inherit property from a deceased person's estate. The taxes are based on the value of the inherited prop... (more...)

Taxes some states impose on people or organizations who inherit property from a deceased person's estate. The taxes are based on the value of the inherited property.

SPECIAL ADMINISTRATOR

(1) In the law of wills and estates, a person appointed by the court to take charge of only a designated portion of an estate during probate. For example, a spe... (more...)

(1) In the law of wills and estates, a person appointed by the court to take charge of only a designated portion of an estate during probate. For example, a special administrator with particular expertise on art might be appointed to oversee the probate of a wealthy person's art collection, but not the entire estate. (2) A person appointed to be responsible for a deceased person's property for a limited time or during an emergency, such as a challenge to the will or to the qualifications of the named executor. In such cases, the special administrator's duty is to maintain and preserve the estate, not necessarily to take control of the probate process

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.

HEIR AT LAW

A person entitled to inherit property under intestate succession laws.

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.'

INTESTATE SUCCESSION

The method by which property is distributed when a person dies without a valid will. Each state's law provides that the property be distributed to the closest s... (more...)

The method by which property is distributed when a person dies without a valid will. Each state's law provides that the property be distributed to the closest surviving relatives. In most states, the surviving spouse, children, parents, siblings, nieces and nephews, and next of kin inherit, in that order.

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, ...

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New Smyrna Beach Estate Lawyer, Florida

Sponsored Law Firm

Sword & Shield, P.A.

SPONSORED LAWYERS

Elizabeth A. Blackburn

Jeffrey P. Brock

Frank J. Yong

William E. Loucks

Harry G. McConnell

Craig T. James

Jerry Phillip Kahn

Tanya M Plaut

Patricia Sue Gessel

William Tillar Preston

TIPS

LEGAL TERMS

TAKING AGAINST THE WILL

INVENTORY

ADEMPTION

INHERITANCE TAXES

SPECIAL ADMINISTRATOR

INHERIT

HEIR AT LAW

INCOMPETENCE

INTESTATE SUCCESSION

SAMPLE LEGAL CASES

In re Estate of McKibbin

Estate of Johnson v. Badger Acquisition

SOVEREIGN HEALTHCARE v. Estate of Huerta

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