By Phillip B. Rarick, Esq., Miami Probate Attorney Florida’s 30% elective share law was completely rewritten in 2001 because the old law could be easily circumvented by placing assets in a revocable trust or using non-probate transfers (e.g. life insurance, IRAs etc.) In an effort to curtail such tactics, the…
By Phil Rarick, Miami Trust Attorney Hard to believe we are in mid-Fall and 2016 is coming to a close. Now may be a good time to sit down with a Miami trust attorney and review your estate plan. One of the biggest problems we see with individual estate plans…
Checklist for Amending your revocable trust Note: Your revocable living trust is designed to be as dynamic as your family. It serves as the master set of instructions to care for you and your family. Therefore, when there are big changes in your family, you may need an experienced Miami…
By: Jacqueline R. Bowden, Miramar Estate Planning Attorney As of October 1, 2015, Florida’s Healthcare Designation laws, provided under Chapter 765 of Florida Statutes, have changed providing more flexibility for the person appointing the surrogate, formerly known as the “principal.” Three Options. Currently, for a healthcare surrogate to make medical…
By Phillip B. Rarick, Miami Trust Attorney You are named the successor trustee and the trustmaker has just died. No doubt these are difficult times, but thankfully there are many resources to help. The following is a checklist of initial important tasks to help guide you after the funeral or…
____ 1. Minimum of 10 death certificates (these can usually be obtained through the funeral home) ____ 2. Original Will and all codicils (or amendments to the Will) Note: If you have the original, either personally deliver to the attorney’s office or send via Federal Express or certified mail. ____ 3. …
12 Point Summary of Florida Successor Trustee Duties Note: Trust administration requires strict compliance with the trust terms and often analysis of complex tax requirements. A trustee is a fiduciary and is held to a high standard of care under Florida law. If you are a successor trustee, we can…
By: Jacqueline R. Bowden and Phillip B. Rarick, Miami Estate Planning Attorneys A power of attorney is a legal instrument you may give to a trusted family member or friend (commonly called your attorney-in-fact or agent) to manage your financial affairs and act on your behalf. The person creating the…
By Phillip B. Rarick, Esq. and Jacqueline R. Bowden, Esq. In Florida, when you die, your debts remain in your estate – and are not transferred to a surviving spouse or family member. However, this simple legal concept does not stop some creditors from harassing the surviving spouse or a…
By Phillip B. Rarick, Miami Trust Attorney A Living Will is not a will and it is not a living trust. It is simply detailed, legally binding instructions to your physician that you do not want to be maintained in a persistent vegetative state if there is zero possibility of…