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Articles Posted in Probate

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Florida Treasure Hunt: Check It Now! Florida Unclaimed Property Law

By Phillip B. Rarick, Esq., Miami Asset Protection Attorney If you have never checked Florida’s website for lost accounts and abandoned property you should do so – immediately. You may be pleasantly surprised! You may think that it is not possible that you have any “unclaimed” property held by the…

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Three Common Problems We See With Non-Florida Wills

By: Jacqueline R. Bowden Gold Our office handles probate estates for many out of state residents through our Florida Counsel services. In handling the estates there are three common problems we see with Non-Florida Wills that can easily be avoided by consulting with a Miami Estate Planning attorney. If you…

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Florida’s Sweeping Elective Share

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…

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FLORIDA COUNSEL NOTICE: FLORIDA DEEDS

By Phillip B. Rarick, Miami Trust Attorney Although the main focus of our Florida Counsel Services is probate, trust,  and corporate law,  we can assist your office if you need deeds to a trust or other entity. If you wish to use our deed services, click FLORIDA DEED INTAKE FORM.  Please complete this…

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When Can A Non-Resident Of Florida Serve As The Personal Representative For A Probate Estate?

By Phillip B. Rarick, J.D, Miami Probate Attorney Note: Special thanks to Illinois attorney John E. Fish for the following question, which is one of the most frequent questions we receive. Executive Summary: A non-resident of Florida can serve as Personal Representative for a Florida probate estate only if  related…

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5 Common Mistakes with Do It Yourself Florida Wills

By: Jacqueline R. Bowden, Weston Wills Attorney Do it yourself (or “DIY”) projects are becoming common in today’s highly technological age, especially when considering websites like Pinterest and Houzz. In most cases, including home projects, an individual may have several chances to complete a task correctly. Unfortunately, when it comes…

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Florida Personal Representative Checklist

By Phillip B. Rarick, Miami Probate Attorney You are named the personal representative (or executor in other states) and a loved one or family member has just died.   No doubt these are difficult times, but thankfully there are many resources for help.  The following is a checklist of initial important…

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Florida Probate or Trust Administration Document Checklist

____    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.        …

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9 Critical Deadlines for Florida Probate

By: Phil Rarick, Weston Probate Attorney In our office we have numerous checklists, but one of the most important is the following checklist of nine critical deadlines for Florida probate actions: Deposit Original Will with court: Within 10 days of notice of death by whomever has custody of the Will.…

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10 Basic Legal Rights for Beneficiaries Under a Florida Will

If you are a beneficiary or interested person of a Florida Will, you have numerous legal rights protected by Florida law.  These laws are designed to keep you informed about the probate administration and make sure the decedent’s wishes as described in the Will are fulfilled. The person in charge…

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