By Phillip B. Rarick This summer my family had the opportunity to travel to France. It was a busy trip, and we saw many spectacular works of art and architecture by past generations of artists. The most special trip was our visit Normandy, where a generation of Americans representing…
By Phillip B. Rarick, Miami Asset Protection Attorney On occasion, I am invited to speak to small business groups regarding tips on how best to protect your business and investments from rogue lawsuits – or any lawsuit. Those who have heard my presentation know about the basketball that I bring…
By: Ruzy Behnejad and Phillip B. Rarick, J.D. Executive Summary In Florida, creditors have a two year statute of limitations period to file claims against the estate or trust of a decedent. However, upon opening a probate estate, a Personal Representative (“PR”) or Executor, can take action to shorten this…
By: Phillip B. Rarick, Miami Probate Attorney Executive Summary Failure to obtain court approval under Florida guardianship law of a pre-suit structured settlement exceeding $15,000 on behalf of a Florida minor child could result in the settlement being disaffirmed by the minor on reaching majority or within a reasonable time…
By Phillip B. Rarick Esq., Miami Probate Attorney The following documents are usually needed to open a testate Florida ancillary probate: Court-authenticated copy of: 1. Decedent’s last will 2. Petition for Probate 3. Order admitting the will to probate 4. Letters of administration Other documents: 5. Two Certified Death Certificates…
By Phillip B. Rarick, Miami Probate Attorney Executive Summary: The following is a memorandum our firm gives to the person named as Personal Representative (in other states this role is referred to as the “Executor”) in the decedent’s will, or who is entitled to be Personal Representative under Florida law. …
By: Phillip B. Rarick, Miami Probate Attorney Note: This is a first in a series of short reports on the subject of avoiding elder abuse scams – a subject of considerable importance in south Florida. However, these reports are for persons of all ages. Example From Real Life: An…
By Phillip B. Rarick, Miami Probate Attorney Note: This is a short list of initial tasks for a person who may be appointed the Personal Representative (or Executor) of an estate under a Florida will, or if there is no will, in an intestate estate. This is not a complete list…
By Phillip B. Rarick, Esq., Miami Probate Attorney A family member has died, and you are the Personal Representative or Executor named in their will. Your job is to find a probate attorney. You probably have three objectives: you want an attorney who will handle the legal tasks (1) efficiently;…
By Phillip B. Rarick, Esq., Miami Trust Attorney Define Your Objectives – and Ask The Right Questions Many persons seeking to retain an attorney for preparing a living trust often ask the wrong question, which is simply this: What is the cost for a living trust? This is usually…