By: Jacqueline R. Bowden Gold, Esq. and Phil Rarick, Esq. The Coronavirus has left the US economy in a stand still. It has forced businesses to shut down and events to be cancelled or postponed across the nation – creating significant anxiety for small business owners. During these times, many…
Articles Posted in Trust Law
14 Point Estate and Asset Protection Plan Checklist for An Unprecedented Year: 2020
By Phil Rarick & Jacqueline Bowden Gold, Estate & Business Law Attorneys ______#1. Coronavirus Check Calculator. Here is a simple, handy calculator describing who qualifies for the federal pandemic legislation checks and determines the amount of the check. Click here: Coronavirus Checks Calculator When Will Checks Arrive? Secretary Mnuchin said that…
READ THIS BEFORE DRAFTING YOUR OWN WILL
By: Jacqueline R. Bowden Gold, Miami Lakes and Weston Estate Planning Attorney Don’t make the mistake of drafting your own Will and estate plan to save money. With general forms available and online companies that claim to walk you through the “easy” drafting process, it is common to fall prey…
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…
One Thing Every Parent Should Have For Their Children – Instructions!
One Thing Every Parent Should Have For Their Children – Instructions! By Phil Rarick, Weston Estate Planning Attorney You and your spouse are finally going out for the evening. The babysitter, a high school student, has arrived and you are loading the young woman with last-minute instructions: time for bed, make…
Ensuring You Get Paid to Represent A Florida Trustee – And Avoiding A Conflict of Interest Sandtrap
By: Phillip B. Rarick, Weston Estate Planning Attorney In 2008 Florida passed an amendment to our Trust Code designed to allow a Trustee to use trust funds to pay legal fees incurred in defending a breach of trust litigation without prior court approval, so long as the Trustee gave notice…
Why Every Attorney Over Age 35 Should Consider an Asset Protection Trust – Now!
By Phil Rarick, Esq. May the odds be with you – but frankly they are not: A recent study indicated that the average lawyer can now expect three legal malpractice claims during his or her career. The overwhelming majority of legal malpractice claims — over 65% — are brought against…
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…
Does A Trust Need to Be Recorded, Filed or Registered in Florida?
Does A Trust Need to Be Recorded, Filed or Registered in Florida? One of the most common questions I get as a Weston estate planning attorney is, do I need to record my living trust? Some persons believe that a trust needs to be publicly recorded like a corporation or…
Four Problems With “Simple Wills” In Florida
By: Phil Rarick, Estate Planning Attorney Many persons are tempted to have a “Simple Will” in which they want everything they own at death to go outright first to their spouse, and if the spouse does not survive then to their children in equal shares. Rather than take the time…