Articles Posted in Trust Law

How Do I Choose a Trustee? By Phil Rarick, Miami Trust Attorney, and Jasmine Benitez, Legal Assistant Choosing a trustee is one of the most important decisions you will make when creating a trust.   A trust is simply legally binding instructions, and you must be confident that your trustee will follow these instructions exactly and…

How to Avoid Probate and Protect Your Boat in Florida: Best Legal Strategies By Jacqueline R. Bowden Gold, Broward Estate Planning Attorney Owning a boat in Florida is a dream for many, but when it comes to estate planning, failing to properly title or protect your boat can lead to probate delays and legal issues. If…

Can a Florida Trust be Contested? By Phil Rarick, Weston Trust Attorney, and Jasmine Benitez, Legal Assistant Estate planning is essential for ensuring your wishes are carried out after you are gone. Today, the preferred choice for estate planning is a living revocable trust. But what happens if a qualified beneficiary disagrees with the terms…

What is a Florida Beneficiary’s Right to Trust Accounting? By Phil Rarick, Weston Trust Attorney, and Jasmine Benitez, Legal Assistant In Florida, qualified beneficiaries of a trust have a legal right to receive an accounting from the trustee. This accounting is a detailed report of the trust’s financial activities, including income, expenses, distributions, and the…

Can a Trustee Be Removed in Florida? By Phil Rarick, Weston Trust Attorney, and Jasmine Benitez, Legal Assistant The answer is yes – under certain circumstances, a trustee can be removed from their duties. A trustee has a high fiduciary responsibility to act in the best interest of the qualified beneficiaries, but if they fail to do…

By Jacqueline R. Bowden Gold, Broward Estate Planning Attorney When planning your estate in Florida, you may have heard about Lady Bird Deeds (Enhanced Life Estate Deeds) and Revocable Living Trusts as tools to transfer property while avoiding probate. But which is the better option for your situation? This guide will compare both, explaining their benefits, drawbacks, and key…

Does a Florida Land Trust Provide Asset Protection? By Phil Rarick, Weston Trust Attorney, and Jasmine Benitez, Legal Assistant Many real estate investors wrongly believe that a Florida Land Trust can offer asset protection. While this type of trust is known for providing privacy and simplifying estate planning, they do not provide comprehensive protection from…

What is a Family Trust? By Phil Rarick, Weston Trust Attorney – Every family needs instructions in the event of disability or death. A Family Trust, also known as a Living Trust, is your detailed, legally binding instructions to care for you and your family in the event of mental incapacity or death. A trust…

3 CREATIVE WAYS FAMILY LAW ATTORNEYS CAN USE TRUSTS By: Phillip B. Rarick, Miami Trust Attorney, and Maria C. Gonzalez, B.C.C., Family Law Attorney The following note is a brief review of three popular trusts that can help ensure compliance with future financial obligations set forth in a Pre-Nuptial Agreement or Marital Settlement Agreement. Hypothetical…

Is a Handwritten Will Valid Under Florida Law? By: Jacqueline R. Bowden Gold, Miami Lakes Estate Planning Attorney When planning for the future, a crucial step is ensuring that your wishes are respected after your death. This often involves creating a will. However, not all wills are created equal, and understanding the types of wills…