Articles Posted in Trust Law

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…

By Phillip B. Rarick, Esq., Miami Trust Attorney Executive Summary A Domestic Asset Protection Trust or DAPT is an exceptionally strong structure for protecting family assets. However, a Hybrid DAPT, developed by Nevada attorney Steve Oshins, can add another layer of protection that will make the DAPT even more imposing and difficult to attack by…

By Phillip B. Rarick, Esq., Miami Trust Attorney A common question we receive for persons who have prepared revocable living trusts is what do I do about title or registration for my cars. Unless your car is a Maserati or you have a collection of valuable old cars, here are three rules to follow if…

By Phillip B. Rarick, Esq., Miami Trust Attorney Introduction Parents of children with autism have many daunting tasks. One task that is often put off until it is too late is making sure you have a back-up plan if you can no longer care for your child. You are the primary care giver for your…

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,…

By Phillip B. Rarick, Esq., Miami Trust Attorney Define Your Objectives – and Ask The Right Questions Many persons seeking to retain an attorney for preparing a living trust often ask the wrong question, which is simply this: What is the cost for a living trust? This is usually mistake number one. Of course you…

By Phillip B. Rarick, Miami Probate Attorney Two weeks ago we reported a scam directed at Florida businesses by a company named Florida Center of Corporations located in Davie, Florida. I am pleased to now report that the Florida Attorney General secured a temporary injunction and asset freeze against this company on July 2. See…

By Phillip B. Rarick, Miami Probate Attorney Holding title to bank accounts, stock or other intangible property as Tenancy by Entireties or “TBE” is a limited but popular form of asset protection that has benefits – and traps. Benefits of Holding Property as Tenants by Entireties Holding property as TBE has certain benefits for married…

By: Phillip B. Rarick, Esq., Miami Trust Attorney I am pleased to announce that we have published on our web site a quick and easy explanation of living trusts. Click here: Understanding Living Trusts. Note: A PowerPoint presentation will appear in your lower task bar; click the presentation. Every person should have a living trust,…

By Phillip B. Rarick, Esq. and Ashley Fernald In Florida there is frequently the difficult issue of whether to transfer homestead to a revocable living trust. The client wants to avoid probate and therefore generally wants to transfer the homestead to the trust. However, since the Bosonetto case in 2001, there has been uncertainty as…