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Articles Posted in miami trust attorney

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9  Key Benefits Available to Florida Same-Sex Couples: U.S. Supreme Court Clears Way For Critical State Benefits Effective January 6

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…

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7 Point Checklist for Pre-Divorce Planning

First, let’s hope you don’t need this.  But, if you do, here is a checklist of key estate planning items that should be considered prior to filing a petition for dissolution of marriage: Note: This is a partial list of key items.  Invariably there are other considerations.  Consult your estate…

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Estate Planning For Florida Same Sex Partners or Spouses: What You Should Know About TBE Delaware LLC’s

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…

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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

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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…

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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…

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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…

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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. …

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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…

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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…

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