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Florida Trust & Probate Attorneys Blog

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Is Your Living Trust Up To Date?  10 Point Checklist For Amending Your Revocable Trust

Checklist for Amending your revocable trust Note: Your revocable living trust is designed to be as dynamic as your family.  It serves as the master set of instructions to care for you and your family.  Therefore, when there are big changes in your family, you may need an experienced Miami…

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5 Key Rights of a Florida Trust Beneficiary

Phillip B. Rarick, Esq., Miami Trust Attorney Florida law requires that a trust must keep the qualified beneficiaries of a trust “reasonably informed of the trust and its administration.” F.S. 736.0813.  A “qualified beneficiary” is a current beneficiary, intermediate beneficiary, or first-line remainder beneficiary. F.S. 736.0103(16).  These information rights fall…

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What Is The Federal Estate Tax Exemption for 2016?

By Phillip B. Rarick, Esq. and Jay R. Beskin, Esq. 2016 Federal Estate Tax Exemption:  $5.45 Million For 2016 the federal estate and gift tax exemption is now $5.45 million – up from $5.43 million in 2015.  This means a single U.S. citizen can leave $5.45 million to their family…

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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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Update in Law Alert: Changes to Florida’s Healthcare Designation Law

By: Jacqueline R. Bowden, Miramar Estate Planning Attorney As of October 1, 2015, Florida’s Healthcare Designation laws, provided under Chapter 765 of Florida Statutes, have changed providing more flexibility for the person appointing the surrogate, formerly known as the “principal.” Three Options.  Currently, for a healthcare surrogate to make medical…

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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 Successor Trustee Checklist

By Phillip B. Rarick, Miami Trust Attorney You are named the successor trustee and the trustmaker has just died. No doubt these are difficult times, but thankfully there are many resources to help. The following is a checklist of initial important tasks to help guide you after the funeral or…

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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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5 Warning Signs That A Trust Is Not Performing

By Phil Rarick, Esq. The sole reason most trusts exist is to serve the needs of the beneficiaries. It is not an employment program for the trustee or any other person. Therefore, a core test for whether a trust is performing – and performing efficiently –  is to examine whether…

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