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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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Grady H. Williams

International Tax, Wills, Elder Law, Corporate

Status: In Good Standing

CONTACT

1543 Kingsley Ave, Fleming Island, FL 32073

Kelly Renz McNeal

Trusts, Family Law, Civil Rights, Contract

Status: In Good Standing

CONTACT

2830 Nw 41St St, Gainesville, FL 32606

William D. Ryals

Commercial Real Estate, International Tax, Estate Planning, Estate, Elder Law

Status: In Good Standing Licensed: 38 Years

CONTACT

2210 Nw 2Nd Ave, Gainesville, FL 32603

Lauren Nagel Richardson

Trusts, Family Law, Elder Law

Status: In Good Standing

CONTACT

2700 NW 43rd Street, Gainesville, FL 32606

Adam Stephen Towers

Estate Planning, Landlord-Tenant, Trusts, Estate, Wills

Status: In Good Standing

CONTACT

2700 NW 43rd St, Gainesville, FL 32606

Shannon Mckenzie Miller

Commercial Real Estate, Estate Planning, Divorce, Elder Law, Civil Rights

Status: In Good Standing Licensed: 30 Years

CONTACT

2830 Nw 41St St, Gainesville, FL 32606

Dennis James Tracy

Commercial Real Estate, Estate Planning

Status: In Good Standing Licensed: 51 Years

CONTACT

121 Ne 3Rd St, Gainesville, FL 32601

Peter C Focks

Commercial Real Estate, Lawsuit & Dispute, Estate Planning, Business

Status: In Good Standing Licensed: 15 Years

CONTACT

2630 Nw 41St St, Gainesville, FL 32606

Bennett Asbury Hutson

Commercial Real Estate, Federal Trial Practice, Estate Planning, Criminal

Status: In Good Standing

CONTACT

2750 Nw 43Rd St, Gainesville, FL 32606

David E. Menet

Litigation, Wills & Probate, Corporate, Business Organization

Status: In Good Standing Licensed: 27 Years

CONTACT

3940 Nw 16Th Blvd, Gainesville, FL 32605

800-923-0641

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LEGAL TERMS

PUBLISHED WORK

An original work of authorship that is considered published for purposes of copyright law. A work is 'published' when it is first made available to the public o... (more...)

An original work of authorship that is considered published for purposes of copyright law. A work is 'published' when it is first made available to the public on an unrestricted basis. It is thus possible to display a work, or distribute it with restrictions on disclosure of its contents, without actually 'publishing' it. Both published and unpublished works are entitled to copyright protection, but some of the rules differ.

SUCCESSOR TRUSTEE

The person or institution who takes over the management of trust property when the original trustee has died or become incapacitated.

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.

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.

PROVING A WILL

Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily sat... (more...)

Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily satisfies by showing that the will was signed and dated by the deceased person in front of two or more witnesses. When the will is holographic -- that is, completely handwritten by the deceased and not witnessed, it is still valid in many states if the executor can produce relatives and friends to testify that the handwriting is that of the deceased.

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.

IRREVOCABLE TRUST

A permanent trust. Once you create it, it cannot be revoked, amended or changed in any way.

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.

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.

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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Starke Estate Lawyer, Florida, page 4

Sponsored Law Firm

Sword & Shield, P.A.

SPONSORED LAWYERS

Grady H. Williams

Kelly Renz McNeal

William D. Ryals

Lauren Nagel Richardson

Adam Stephen Towers

Shannon Mckenzie Miller

Dennis James Tracy

Peter C Focks

Bennett Asbury Hutson

David E. Menet

TIPS

LEGAL TERMS

PUBLISHED WORK

SUCCESSOR TRUSTEE

SPECIFIC BEQUEST

AB TRUST

PROVING A WILL

ADMINISTRATRIX

IRREVOCABLE TRUST

ADEMPTION

LAPSE

SAMPLE LEGAL CASES

In re Estate of McKibbin

Estate of Johnson v. Badger Acquisition

SOVEREIGN HEALTHCARE v. Estate of Huerta

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