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Articles Posted in Will Law

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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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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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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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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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Federal Gift Tax Update: The Window May Close Soon

By Miami Trust Attorneys Phillip B. Rarick, Esq. and Jay R. Beskin, Esq. I.       The Opportunity – And The Problem. The Opportunity: Gifts to family members and others are free of the U.S. gift tax if under the exemption.   Specifically, U.S. Citizens in 2012 can give away assets worth $5,120,000…

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