By Phillip B. Rarick, J.D, Miami Probate Attorney Note: Special thanks to Illinois attorney John E. Fish for the following question, which is one of the most frequent questions we receive. Executive Summary: A non-resident of Florida can serve as Personal Representative for a Florida probate estate only if related…
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…
____ 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. …
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…
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…
By Phillip B. Rarick, Esq. and Jacqueline R. Bowden, Esq. In Florida, when you die, your debts remain in your estate – and are not transferred to a surviving spouse or family member. However, this simple legal concept does not stop some creditors from harassing the surviving spouse or a…
By Jacqueline R. Bowden, Esq. and Phillip B. Rarick, Esq. Same-sex marriage will likely be legal in Florida beginning January 6 as a result of a historic 7-2 ruling by the U.S. Supreme Court yesterday, December 19. This ruling, denying Attorney General Pam Bondi’s request to extend a stay preventing…
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…
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…
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…