Florida Trust & Probate Attorneys Blog

Can a Florida Trust be Contested? By Phil Rarick, Weston Trust Attorney, and Jasmine Benitez, Legal Assistant Estate planning is essential for ensuring your wishes are carried out after you are gone. Today, the preferred choice for estate planning is a living revocable trust. But what happens if a qualified beneficiary disagrees with the terms…

What is a Florida Beneficiary’s Right to Trust Accounting? By Phil Rarick, Weston Trust Attorney, and Jasmine Benitez, Legal Assistant In Florida, qualified beneficiaries of a trust have a legal right to receive an accounting from the trustee. This accounting is a detailed report of the trust’s financial activities, including income, expenses, distributions, and the…

Can a Trustee Be Removed in Florida? By Phil Rarick, Weston Trust Attorney, and Jasmine Benitez, Legal Assistant The answer is yes – under certain circumstances, a trustee can be removed from their duties. A trustee has a high fiduciary responsibility to act in the best interest of the qualified beneficiaries, but if they fail to do…

By Jacqueline R. Bowden Gold, Broward Estate Planning Attorney When planning your estate in Florida, you may have heard about Lady Bird Deeds (Enhanced Life Estate Deeds) and Revocable Living Trusts as tools to transfer property while avoiding probate. But which is the better option for your situation? This guide will compare both, explaining their benefits, drawbacks, and key…

Does a Florida Land Trust Provide Asset Protection? By Phil Rarick, Weston Trust Attorney, and Jasmine Benitez, Legal Assistant Many real estate investors wrongly believe that a Florida Land Trust can offer asset protection. While this type of trust is known for providing privacy and simplifying estate planning, they do not provide comprehensive protection from…

What is a Family Trust? By Phil Rarick, Weston Trust Attorney – Every family needs instructions in the event of disability or death. A Family Trust, also known as a Living Trust, is your detailed, legally binding instructions to care for you and your family in the event of mental incapacity or death. A trust…

What is the Best Probate Option for Me in Florida? By Jacqueline R. Bowden Gold, Broward Probate Attorney – Navigating the probate process can be daunting, especially during an emotionally challenging time. Florida law provides several probate options tailored to the complexity of the estate, the size of the assets, and the circumstances of the…

BOI Report Filing Deadline Is December 31 By: Phil Rarick, Miami Trust Attorney Note: This Alert is for any owner of a LLC, corporation, limited partnership, or professional association. It is in follow up to our past notices about the requirements of the Beneficial Ownership Information (BOI) report under the new Corporate Transparency Act (CTA)…

Understanding Spousal Rights Under Florida Probate Law: What You Need to Know By Jacqueline R. Bowden Gold, Weston Probate Attorney Florida probate law provides specific protections for legally recognized spouses upon the death of their partner. However, it’s important to note that Florida does not recognize common law marriage, meaning individuals who have lived together…

Why Florida Residents Should Use Wyoming LLC with Caution By: Jacqueline R. Bowden Gold, Miami Business Law Attorney – When forming a Limited Liability Company (LLC), many business owners are drawn to states like Wyoming due to its strong asset protection laws, privacy advantages, and business-friendly tax structure. However, for Florida residents who operate businesses…