Florida Trust & Probate Attorneys Blog
How Much?
Here is an updated calculator from Turbotax: Stimulus Check Calculator
When Will Checks Arrive?
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Articles Posted in Asset Protection
Unable to Fulfill Your Contractual Obligations Due to Covid-19?
By: Jacqueline R. Bowden Gold, Esq. and Phil Rarick, Esq.
The Coronavirus has left the US economy in a stand still. It has forced businesses to shut down and events to be cancelled or postponed across the nation – creating significant anxiety for small business owners. During these times, many businesses are unable to or fear they will become unable to fulfill their contractual obligations.
Here is a term you’ve probably heard before but never paid much attention to: Force Majeure. If you are unable to fulfill your contractual obligations or are worried that the obligor (the person who has a duty to perform) under an existing contract will not perform, Force Majeure is an important provision to look for in your contract.
14 Point Estate and Asset Protection Plan Checklist for An Unprecedented Year: 2020
By Phil Rarick & Jacqueline Bowden Gold, Estate & Business Law Attorneys
______#1. Coronavirus Check Calculator. Here is a simple, handy calculator describing who qualifies for the federal pandemic legislation checks and determines the amount of the check. Click here: Coronavirus Checks Calculator
When Will Checks Arrive? Secretary Mnuchin said that direct deposits will start going out April 17 followed by checks in the mail. It is not clear how long it will take the Treasury Department to get these checks out by mail – some experts caution it could take weeks or months.
Coronavirus Checks Calculator & Relief Package For Small Business
By Phil Rarick & Jacqueline Bowden Gold, Miami Lakes and Weston Business Law Attorneys
First, I want to share with you this simple, handy calculator that appeared in the Washington Post describing who qualifies for the federal Pandemic legislation checks and determines the amount of the check.
Click here: Coronavirus Checks Calculator
Florida Treasure Hunt: Check It Now! Florida Unclaimed Property Law
By Phillip B. Rarick, Esq., Miami Asset Protection Attorney
If you have never checked Florida’s website for lost accounts and abandoned property you should do so – immediately. You may be pleasantly surprised!
You may think that it is not possible that you have any “unclaimed” property held by the State of Florida – and you could be wrong.
Why Every Attorney Over Age 35 Should Consider an Asset Protection Trust – Now!
By Phil Rarick, Esq.
May the odds be with you – but frankly they are not:
- A recent study indicated that the average lawyer can now expect three legal malpractice claims during his or her career.
Your Florida Single Member LLC Is A Fortress – A Sand Castle Fortress!
By Phil Rarick, Esq.
The Message.
Apparently the message has not got out: In 2011, the legislature threw Florida single member LLC’s under the bus. In a compromise with the bank lobbyists called the Olmstead Patch, multi-member Florida LLC’s (or limited liability companies) were given charging order protection, but a Florida single member LLC receive none. This means a Florida single member LLC can be easily attacked because creditors are not limited to a charging order; rather creditors can foreclose on their interests. See F.S. 605.0503. Olmstead V. F.T.C. Also See Olmstead Patch.
8 Point “Porcupine” Asset Protection Strategy
May the odds be with you –but frankly they’re not. More than 60% of doctors over the age of 55 have been sued at least once, according to a new survey by the American Medical Association (AMA). Doctors are not the only professionals at risk. Virtually all small business owners and professionals face multiple risks from the person injured at a party on one of your properties, the “friend” who borrows your jet ski and hits a swimmer, dissatisfied customers, disgruntled employees, and unhappy ex-partners.
It is a simple reality: We live in a hostile legal environment, and the chance you will not face costly litigation at some point in your career is not good. The good news is that you can fight back. Here is a quick summary of our “Porcupine” Asset Protection Strategy with tested legal strategies that can help protect your investments and property.
- Make Your Assets As Unattractive as Possible to Attack with a Good Asset Protection Strategy
10 Point Checklist For Florida Corporate Entities
By Phillip B. Rarick, Miami Lakes and Weston Estate Planning Attorney
Note: This 10 Point Checklist is for those persons who have interests in one or more Florida entities, such as a corporation, limited liability company (LLC), or limited Partnership (LP).
1. Annual Fees. In January the State of Florida will send notices via email reminding you that annual fees for each corporate entity are due no later than May 1. Do not wait to get an email notice from the state, as your fees are due regardless of whether you get a notice. Remember: The deadline to pay these fees is May 1 without penalty.
Does A Trust Need to Be Recorded, Filed or Registered in Florida?
Does A Trust Need to Be Recorded, Filed or Registered in Florida?
One of the most common questions I get as a Weston estate planning attorney is, do I need to record my living trust? Some persons believe that a trust needs to be publicly recorded like a corporation or a deed. This is generally wrong; not only is recording not required or needed for most trusts, in most cases recording would negate one of the chief benefits of a trust: confidentiality. Let’s look at more specific questions.
Does a Living Revocable Trust Need To Be Recorded During the Life of the Trustmaker?