Articles Posted in Probate

Allocation Of Wrongful Death Proceeds In Florida Probate
Rarick & Bowden Gold

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…

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A Tribute To The Greatest Generation
Rarick & Bowden Gold

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…

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Asset Protection in Florida: Practical Tips for Small Business Owners
Rarick & Bowden Gold

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…

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What Is The Statute Of Limitations For Claims Against A Florida Probate Estate Or Trust?
Rarick & Bowden Gold

By: Ruzy Behnejad and Phillip B. Rarick, J.D. Executive Summary In Florida, creditors have a two year statute of limitations period to file claims against the estate or trust of a decedent. However, upon opening a probate estate, a Personal Representative (“PR”) or Executor, can take action to shorten this claim window. First, the PR…

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SETTLEMENT CLAIMS FOR FLORIDA MINOR CHILDREN: WHEN IS COURT APPROVAL REQUIRED?
Rarick & Bowden Gold

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.…

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Document Checklist For Ancillary Florida Testate Probate
Rarick & Bowden Gold

By Phillip B. Rarick Esq., Miami Probate Attorney The following documents are usually needed to open a testate Florida ancillary probate: Court-authenticated copy of: 1. Decedent’s last will 2. Petition for Probate 3. Order admitting the will to probate 4. Letters of administration Other documents: 5. Two Certified Death Certificates If not set forth in…

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POWERS AND DUTIES OF THE FLORIDA PERSONAL REPRESENTATIVE (OR EXECUTOR)
Rarick & Bowden Gold

By Phillip B. Rarick, Miami Probate Attorney Executive Summary: The following is a memorandum our firm gives to the person named as Personal Representative (in other states this role is referred to as the “Executor”) in the decedent’s will, or who is entitled to be Personal Representative under Florida law. This memo summarizes: 1. The…

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Elder Abuse: 5 Red Flags Of Home Repair Scams
Rarick & Bowden Gold

By: Phillip B. Rarick, Miami Probate Attorney Note: This is a first in a series of short reports on the subject of avoiding elder abuse scams – a subject of considerable importance in south Florida. However, these reports are for persons of all ages. Example From Real Life: An attorney I know exceptionally well was…

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Checklist Of Initial Tasks For A Florida Personal Representative (Or Executor)
Rarick & Bowden Gold

By Phillip B. Rarick, Miami Probate Attorney Note: This is a short list of initial tasks for a person who may be appointed the Personal Representative (or Executor) of an estate under a Florida will, or if there is no will, in an intestate estate. This is not a complete list of the Personal Representative’s…

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Florida Probate Attorney Fees: The Inside Scoop By A Miami Probate Attorney
Rarick & Bowden Gold

By Phillip B. Rarick, Esq., Miami Probate Attorney A family member has died, and you are the Personal Representative or Executor named in their will. Your job is to find a probate attorney. You probably have three objectives: you want an attorney who will handle the legal tasks (1) efficiently; (2) as quickly as possible,…

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