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Brian R Hersh
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Law Office Of Brian R Hersh
1541 Brickell Ave Suite C-1407 Miami, FL 33129» view map
Estate Law
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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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Yoni Markhoff

Elder Law, Estate Planning, Trusts, Wills & Probate, Estate

Status: In Good Standing Licensed: 14 Years

FREE CONSULTATION

CONTACT

1835 NE Miami Gardens Drive, North Miami Beach, FL 33179

Jennifer Erin Okcular

Commercial Real Estate, International Tax, Trusts, Estate Planning

Status: In Good Standing

CONTACT

2775 Ne 163Rd St, North Miami Beach, FL 33160

Gary Robert Saslaw

Commercial Real Estate, International Tax, Trusts, Business

Status: In Good Standing Licensed: 43 Years

CONTACT

20801 Biscayne Blvd, Miami, FL 33180

Stephan Lewis Cohen

Commercial Real Estate, International Tax, Trusts, Elder Law

Status: In Good Standing

CONTACT

20801 Biscayne Blvd, Miami, FL 33180

Eric Samuel Kane

Commercial Real Estate, Trusts, Estate Planning, Guardianships & Conservatorships

Status: In Good Standing Licensed: 20 Years

CONTACT

20900 Ne 30Th Ave, Miami, FL 33180

Dan Abraham Sarfati

Civil Rights, Copyright, Divorce, Trusts, Contract

Status: In Good Standing Licensed: 13 Years

CONTACT

2670 Ne 215Th St, Miami, FL 33180

Leslie Alan Rozencwaig

Commercial Real Estate, International Tax, Trusts, Corporate

Status: In Good Standing Licensed: 37 Years

CONTACT

301 W Hallandale Beach Blvd, Hallandale, FL 33009

Lawrence Scott Tolchinsky

Commercial Real Estate, Trusts, Business & Trade, Business

Status: In Good Standing Licensed: 30 Years

CONTACT

2100 E Hallandale Beach Blvd, Hallandale, FL 33009

Alan Jeffrey Barash

Trusts, Estate

Status: In Good Standing

CONTACT

1140 Kane Concourse, Miami, FL 33154

Lawrence David Crow

Real Estate, Trusts, Corporate, Personal Injury

Status: In Good Standing Licensed: 41 Years

CONTACT

382 Ne 191St St, North Miami Beach, FL 33179

800-923-0641

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LEGAL TERMS

FUNDING A TRUST

Transferring ownership of property to a trust.

GROSS ESTATE

For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of prob... (more...)

For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of probate. Taxes are due only on the value of the property the person actually owned (the net estate) plus the amount of any taxable gifts made during life. In a few states, the gross estate is used when computing attorney fees for probating estates; the lawyer gets a percentage of the gross estate.

SUMMARY PROBATE

A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are ... (more...)

A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are complicated, but a few examples include estates worth up to $100,000 in California; New York estates where property, excluding real estate and amounts that must be set aside for surviving family members, is worth $20,000 or less; and Texas estates where the value of property doesn't exceed what is needed to pay a family allowance and certain creditors.

REAL ESTATE AGENT

A foot soldier of the real estate business who shows houses and does most of the other nitty-gritty tasks associated with selling real estate. An agent must hav... (more...)

A foot soldier of the real estate business who shows houses and does most of the other nitty-gritty tasks associated with selling real estate. An agent must have a state license and be supervised by a real estate broker. Most agents are completely dependent upon commissions from sellers for their income, so it pays to find out which side the agent represents (buyer, seller or both) before you place too much trust in the agent's opinion.

SPECIFIC BEQUEST

A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequ... (more...)

A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequest fails. In other words, the beneficiary cannot substitute a similar item in the estate. Example: If John leaves his 1954 Mercedes to Patti, and when John dies the 1954 Mercedes is long gone, Patti doesn't receive John's current car or the cash equivalent of the Mercedes. See ademption.

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.

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.'

ALTERNATE BENEFICIARY

A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to ... (more...)

A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to take the property. For example, in his will Jake leaves his collection of sheet music to his daughter, Mia, and names the local symphony as alternate beneficiary. When Jake dies, Mia decides that the symphony can make better use of the sheet music than she can, so she refuses (disclaims) the gift, and the manuscripts pass directly to the symphony. In insurance law, the alternate beneficiary, usually the person who receives the insurance proceeds because the initial or primary beneficiary has died, is called the secondary or contingent beneficiary.

PER CAPITA

Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leavin... (more...)

Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leaving children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. If Fred's will states that heirs of a deceased beneficiary are to receive the property per capita, Julie and the two grandchildren will each take a third. If, on the other hand, Fred's will states that heirs of a deceased beneficiary are to receive the property per stirpes, Julie will receive one-half of the property, and Alan's two children will share his half in equal shares (through Alan by right of representation).

SAMPLE LEGAL CASES

Doe v. Doe

... [1] The trusts administered by the Trustees include class gifts to the grandchildren of the settlors, Chester P. Doe, Jr. (Chester Jr.) and Eleanor Warren Doe (Eleanor). ... I. THE FACTS. A. The Trusts. On June 28, 1988, Chester Jr. ...

Parker v. Shullman

... Each of these trusts had sub-trusts for her daughter Lauri and granddaughter Cassie. Barbara designated 645 Shullman as the successor trustee of all of the trusts. ... When Barbara died, Shullman became trustee of the trusts. ...

Timmons v. Ingrahm

... In his will, Frank Sr. created two trusts: the Timmons Family Trust ("Family Trust") and the Timmons Marital Trust ("Marital Trust"). [1] The Timmons Family Trust was valued at $650,000. ... Myrtle was the sole income beneficiary of the trusts during her lifetime. ...

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North Miami Beach Trusts Lawyer, Florida

Sponsored Law Firm

Law Office Of Brian R Hersh

SPONSORED LAWYERS

Yoni Markhoff

Jennifer Erin Okcular

Gary Robert Saslaw

Stephan Lewis Cohen

Eric Samuel Kane

Dan Abraham Sarfati

Leslie Alan Rozencwaig

Lawrence Scott Tolchinsky

Alan Jeffrey Barash

Lawrence David Crow

TIPS

LEGAL TERMS

FUNDING A TRUST

GROSS ESTATE

SUMMARY PROBATE

REAL ESTATE AGENT

SPECIFIC BEQUEST

TAKING AGAINST THE WILL

INCOMPETENCE

ALTERNATE BENEFICIARY

PER CAPITA

SAMPLE LEGAL CASES

Doe v. Doe

Parker v. Shullman

Timmons v. Ingrahm

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