Articles Posted in miami probate attorney

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 to make that state your…

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. So now the first to…

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 my daughter. I declined the…

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 the drafting attorney named himself…

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 – that you hear all…

By Phillip B. Rarick, Esq., Miami Probate Attorney I. Determining Survivors The personal representative has a duty to bring an action for the wrongful death of the decedent. F.S. 768.20. The Act provides for damages for the estate and “survivors”. Survivors include the surviving spouse, “minor children” under 25 years of age, and in some…

By Phillip B. Rarick, Esq., Miami Trust Attorney Summary: The following Alert discusses the Florida real estate form DR-430 required to be filed upon the cumulative transfer or control of more than 50% of the legal entity that owned the property, or transfer of more than 50% of ownership interest. Notice of Change of Ownership…

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 the diversity of this country, challenged…

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 to each presentation. I coached…

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 thereafter. See F.S. 744.387(3)(a) A.…