Articles Posted in Estate Planning

When Can A Non-Resident Of Florida Serve As The Personal Representative For A Probate Estate?
Rarick & Bowden Gold

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 lineal blood or legal…

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Is Your Living Trust Up To Date?  10 Point Checklist For Amending Your Revocable Trust
Rarick & Bowden Gold

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 trust attorney to amend your revocable trust. ______#1. Marriage/Divorce. Has there…

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What Is The Federal Estate Tax Exemption for 2016?
Rarick & Bowden Gold

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 members and friends and pay…

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5 Common Mistakes with Do It Yourself Florida Wills
Rarick & Bowden Gold

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 to drafting a Will, the…

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Update in Law Alert: Changes to Florida’s Healthcare Designation Law
Rarick & Bowden Gold

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 decisions, the attending physician must…

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Florida Personal Representative Checklist
Rarick & Bowden Gold

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 tasks to help guide you…

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Florida Successor Trustee Checklist
Rarick & Bowden Gold

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 memorial service. Note: You are…

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5 Warning Signs That A Trust Is Not Performing
Rarick & Bowden Gold

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 the needs of the beneficiaries…

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Securing Payment of Child Support with a Children’s Safe Harbor Trust
Rarick & Bowden Gold

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 the policy premiums by use…

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Florida Trust Services For Family Law Attorneys
Rarick & Bowden Gold

By Phil Rarick, Esq., Miami Trust Attorney Family law attorneys are increasingly using trusts to secure and safeguard the payment of financial obligations in their marital settlement agreements. Such trusts can provide the following key benefits: Security that payments will be made in a timely fashion Assurance that the monies will be spent exactly as…

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