Florida Estate Planning Attorneys

Kulas Law Group

2100 Southeast Hillmoor Drive
Suite 105

Port St. Lucie, Florida 34952

Phone(772) 398-0720
Fax (772) 398-9331

Law Firm Overview

Kulas Law Group is dedicated to providing you with quality estate planning resources, so you can become familiar with all of the existing options.Through the use of Living Trusts, Wills (simple & complex), Powers of Attorney, Living Wills, Irrevocable Trusts, Family Limited Partnerships, and


Areas of Law



Articles Published by Kulas Law Group

 The Pros and Cons of a Pooled Trust

Everyone knows that long-term care is expensive, and it’s not likely to get more affordable in the near future. Figuring out how to pay for a nursing home or another form of long-term care has become a nagging concern for countless families. What happens if you have too much income or too many assets to qualify for Medicaid, but not enough savings to foot the entire bill for long-term care?

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 How Often Should You Review Your Estate Plan?

For example, what if your incapacity planning documents are old and don’t include the appropriate HIPAA language. In the event that you become disabled, your loved ones might have to end up going to court to get the right to make decisions on your behalf. And this is the very thing that an incapacity plan is meant to avoid.

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 Withdrawing Money from Your Roth IRA

One of the great things about a Roth IRA is that since you fund the account with after-tax dollars, amounts you withdraw from the account are usually tax-free. But not always. Here are the basic rules (keep in mind that there are separate rules for funds converted from a traditional IRA):

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 How a Power of Attorney and a Revocable Living Trust Work Together

If you have a Revocable Living Trust, you know that it can serve as an essential incapacity planning tool. If you’re ever disabled – through illness or injury – to the point that you can no longer manage your own financial affairs, your Disability Trustee can step in and take over your trust property. However, if a Revocable Living Trust is the only estate planning tool in your incapacity plan, then there are probably gaps that need to be filled.

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 What Happens to an IRA With No Beneficiary Designation?

When you establish your IRA, you have the opportunity to designate beneficiaries - -people who will receive the funds in your account after you pass away. And most married people name their spouse as beneficiary. But what if you and your spouse pass away in a common accident? Or your spouse passes away and you don’t name a new beneficiary before you pass away?

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 Helping Your Parents Avoid Guardianship

As your parents get older, the concern grows that their mental faculties will become impaired, and they’ll no longer be able to handle their own personal or financial affairs. Ailments like Alzheimer’s and other forms of dementia are common and become more likely with age, as does the risk of stroke and other debilitating health issues.

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 Difference Between an Irrevocable and a Revocable Trust?

When you’re deciding what type of trust you need, it’s important to understand what’s available to you. Trusts fall into a few basic categories, and two of these categories are Irrevocable and Revocable.

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 How Do You Own Your Property?

When it comes to estate planning, it’s essential for both you and your attorney to know how your property is titled. Knowing how you own your property has an effect on what estate planning methods you use – and whether or not your estate plan is even effective. Here are the basic categories of property ownership:

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 An Empty Legacy – When Celebrities Choose to Disinherit

As you go about creating your estate plan and making choices about who you want to receive your property, you may experience a feeling of relief in knowing that your family will be cared for after your death.However, for many people, including some celebrities, the final choice they make is to disinherit their family or to leave their children and family members out of any inheritance whatsoever. Let’s take a look at a couple of the more famous examples.

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 Common Questions about Florida Oral Wills

Oral wills were traditionally used when a person was too sick or otherwise unable to write. Question 1: What is a nuncapative will? - Answer: A nuncapative will is simply a fancy way to say oral or verbal will. With an oral will, the testator—the person who makes the will—states his or her wishes verbally instead of writing them down.

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 Probating Your Will Before You Die

State laws vary as to when custodians must file a decedent’s Will with their local probate courts. Most states allow testators or Will drafters to file their Wills with their local probate courts before they die. This way, Will drafters can avoid potential confusion as to where they stored their Wills.

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 Waiving Your Rights Through Nuptial Agreements

Generally, Florida courts will uphold nuptial agreements if entered into and signed properly. This extends to both prenuptial (before marriage) and postnuptial (after marriage) agreements unless one party can prove there was no full disclosure of financial assets or that he or she signed it under duress, fraud or mistake. In the absence of extenuating circumstances, courts will uphold them. Courts will also allow spouses to waive their inheritance rights through nuptial agreements.

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 Adopted Children’s Probate Rights in Florida

Generally, Florida law does not allow an adopted child to inherit through intestacy from his or her biological parents. The limited exception to this rule is when an adopted child’s birth parent dies but his or her surviving parent remarries a stepparent who subsequently adopts his or her deceased spouse’s biological child. In this limited situation, the adopted child of his or her stepparent and biological child of his or her deceased parent can inherit from both parents.

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 Florida Estate Taxes

Many states enacted estate tax programs which supplemented the federal estate income tax laws. Known as “pick-up” taxes, state estate tax programs typically picked up where federal taxes left-off. Thus, since most estates did not owe federal income taxes, a small number of Floridians paid state pick-up estate taxes.

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 Proving the Validity and Authenticity of a Will in Florida

Once a custodian of a will locates a decedent’s will, he must file it within 10 days of receiving notice of the decedent’s death. After the custodian files it with the probate court in the county where the decedent died, the probate court will conduct a cursory review of the will to establish its validity and authenticity. Probate courts can validate a testator’s will by using one of three different validation and authentication methods.

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 Creating a Self-Proving Will in Florida

To get around the judicial process of authenticating a will, the Florida legislature enacted Section 732.503 of the Florida Statutes within the Florida Probate Code. To create a self-proving will, a testator must comply with the legal requirements to create a valid will. In addition to signing a will in front of two impartial witnesses who also provide their signatures, a testator will self-prove his will in front of a notary using a statutory acknowledgement form.

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 Florida’s Elective Share Statute

In Florida, Chapter 732 of Part II of the Florida Statutes is the Florida Probate Code. Pursuant to Section 732.201, Florida law allows married spouses to receive elective shares of probate property. As such, spouses cannot disinherit one another from receiving at least some of their estate assets. The Florida Statutes allows a spouse to receive one-third of a spouse’s elective estate.

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 How Do Powers of Attorney End?

You have the right to give other people the authority to make decisions on your behalf by creating a power of attorney.

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 Life Insurance in Estate Planning

Life insurance is a key component to the estate planning process. Gone are the days when life insurance was primarily thought of as a means to pay for funeral expenses and burials.

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 What if I Don’t Want to Serve as Guardian?

When asked to serve as guardian for a loved one’s minor children, you may feel compelled to serve. After all, you love your brother, sister, friend or cousin and their children.

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 What Is Veterans A and A

Veterans of the United States armed services have many different benefits available to them throughout their lives. One of those benefits is called Veterans Aid & Attendance.

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 When to Consider an Institutional Trustee

When it comes to selecting a successor trustee, the common choice is a spouse, a family member, or a close friend. And for most trusts, this is the most rational choice – you’re looking for someone who is close to you, who knows your beneficiaries, and is loyal, trustworthy, and capable of managing your trust assets.

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 What Does it Mean to “Administer” a Trust

After a trust maker dies, the person who has been appointed trustee has the job of administering the trust.

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 5 Tips for an Effective Estate Plan

An estate plan can cover a lot of ground in ensuring that your assets are distributed appropriately and your loved ones are taken care of in the manner you’d like after your death – or even in case of your disability.

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