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Articles Posted in Estate Planning

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Securing Payment of Child Support with a Children’s Safe Harbor Trust

By: Phillip B. Rarick, Esq. Most divorce judgments call for one of the parties to obtain a life insurance policy for securing the payment of child support, alimony or some other financial obligation.  Let’s assume the obligation is solely child support:  a potential mistake is failure to secure payment of…

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Florida Trust Services For Family Law Attorneys

By Phil Rarick, Esq., Miami Trust Attorney Family law attorneys are increasingly using trusts to secure and safeguard the payment of financial obligations in their marital settlement agreements.  Such trusts can provide the following key benefits: Security that payments will be made in a timely fashion Assurance that the monies will…

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Consider Non-Family Member as Successor Trustee

One of the most important decisions a baseball manager must make is his batting order – it can mean the difference between a win or loss.  (We will not digress to the Marlin’s management decisions – although this is tempting.) One of the most important decisions you can make for…

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Successor Trustee Duties

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…

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Asset Protection Checklists For Florida Physicians

By Phillip B. Rarick, Esq.,  Weston Asset Protection Attorney The Checklist Manifesto by Atul Gawande is a current, hot selling book written by a physician and advising how to get things right by implementing commonsense systems. In today’s modern medicine, coupled with our information age, where virtually every procedure can…

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What is a Durable Power of Attorney- And Why Is It So Important?

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…

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ASSET PROTECTION CHECKLIST FOR FLORIDA SMALL BUSINESS OWNER

By Phillip B. Rarick, Miami Asset Protection Attorney* Action Item Done Homestead is under ½ acre if in municipality; if not in municipality then under 160 acres Note: Consider leaving mortgage on property – even if not necessary – as excellent asset protection option.  The mortgage can be paid down to…

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7 Point Legal Checklist for Same Sex Couples:  Critical Action Items To Review Now

By Phillip B. Rarick, Esq. and Jacqueline R. Bowden, Esq. For same-sex couples living in Florida, now is the time to take full advantage of rights long delayed to make sure that your spouse or partner is cared for come rain or shine.  Here is a checklist of some of…

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What Is A Living Will (It is Not a Will)

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…

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What Is A Living Trust- And What Are the Benefits?

Within the past 10 years, the Living Trust has replaced the Will as the best way to care for you and your loved ones because it can avoid the fees, cost, and stress of court intervention in the event of mental incapacity or death.  Properly funded, a living trust can…

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