Introduction Florida same-sex partners and same gender couples who were legally married in a state outside of Florida and have now moved to Florida should consider using a TBE (Tenants by Entireties) Delaware LLC to own Florida real estate or intangible property. Here is why. Strategy An important asset protection…
Florida Trust & Probate Attorneys Blog
Asset Protection Checklist For The Florida Small Business Owner
By Phillip B. Rarick, Miami Wealth Protection Attorney* ASSET PROTECTION CHECKLIST FOR THE FLORIDA SMALL BUSINESS OWNER
Transfer of Motor Vehicles after Owner’s Death: How to Avoid Probate in Florida
By Cristina M. Fernandez, Esq. A. The Question A common question we encounter is how to transfer the title of a motor vehicle upon the death of its owner. B. Law Summary Florida law allows the beneficiaries or heirs of a deceased person to transfer a motor vehicle title without…
FLORIDA DOMICILE CHECKLIST
By Phillip B. Rarick, Esq., Miami Trust Attorney A. Domicile vs. Residence “Domicile” and Residence are two different legal terms, but often confused. A person can have only one domicile, but any number of residences in different states. Domicile is your actual residence in the state joined with your intention…
The New Consensus From Heckerling: The Estate Planning World Has Flipped 180 Degrees By ATRA
How fundamentally has the 2012 American Taxpayer Relief Act (ATRA) changed estate planning? It may have taken a year for this consensus to develop, but the simple answer that was apparent at the recent 48th Annual Heckling Institute on Estate Planning is this: Profoundly; there is a new paradigm in…
Pet Trusts: Have You Forgotten Your Pet(s)? Your Very Loyal Pet?
By Phillip B. Rarick, Miami Trust Attorney Who is the first to greet you when you come home? For me, it used to be my young daughters or son. But now that my youngest daughter is a teenager (and too cool for such shows of affection) those days are past. …
Three Smart Legal Points To Know if You Own a Boat – or Jet Skies
By Phillip B. Rarick, Miami Asset Protection Attorney The saddest and most tragic call I have ever received as a lawyer came when a parent called and said her teenage son, while operating a jet ski, had run over a young girl who happened to be about the age of…
What’s Wrong With This Picture? NY Attorney Names Himself As Personal Representative For A Florida Resident
By Phillip B. Rarick, Esq., Miami Probate Attorney We have written about this issue in the past, but it is one that keeps popping up. Here are the relevant facts. Note: I have changed some facts to avoid disclosure of private information. Recently, we reviewed a New York will where…
Bad Advice You Hear All The Time
By Phillip B. Rarick, Esq., Miami Trust Attorney Quote: There are three things that are real – God, human folly and laughter. The first two are beyond our comprehension. So we must do what we can with the third. – John F. Kennedy Here are five bad items of advice…
Comprendiendo Fideicomiso de Vida Para Residentes de la Florida
By Phillip B. Rarick, Esq., Miami Trust Attorney ¿Qué es un fideicomiso de vida? ¿Cómo ayuda a evitar la legalización? ¿Por qué la mayoría de familias están usando un fideicomiso de vida en vez de un testamento para proporcionar para sus queridos? Estas preguntas y muchas más tienen respuesta en…