Elder Law

What Is A Living Trust- And What Are the Benefits?

Published on: December 30, 2014 | by Rarick & Bowden Gold

Within the past 10 years, the Living Trust has replaced the Will as the best way to care for you and your loved ones because it can avoid the fees, cost, and stress of court intervention in the event of mental incapacity or death. Properly funded, a living trust can help you keep legal control in your family or with persons you trust and avoid having a judge – an unknown third person – make decisions about your personal affairs.

A living trust is simply detailed, legally binding instructions to care for you and your family. There are three key players in a trust. First, the Trustmaker or grantor; this is the person who makes the trust. Second, the Trustee, whose job is to follow the instructions of the trust exactly and to the spirit of the trust. The third role are the Beneficiaries. The Trustee’s fiduciary duties run like a laser beam to the beneficiaries: every penny of the Trust must be used in the best interests of the beneficiaries.

Initially, you can act in all three roles in your living trust: You can be the trustmaker, trustee and beneficiary. Your spouse, children, or other loved ones can also be beneficiaries.

Transfer of Motor Vehicles after Owner’s Death: How to Avoid Probate in Florida

Published on: May 19, 2014 | by Rarick & Bowden Gold

By Cristina M. Fernandez, Esq.

A. The Question

A common question we encounter is how to transfer the title of a motor vehicle upon the death of its owner.

Comprendiendo Fideicomiso de Vida Para Residentes de la Florida

Published on: January 25, 2014 | by Rarick & Bowden Gold

By Phillip B. Rarick, Esq., Miami Trust Attorney

¿Qué es un fideicomiso de vida? ¿Cómo ayuda a evitar la legalización? ¿Por qué la mayoría de familias están usando un fideicomiso de vida en vez de un testamento para proporcionar para sus queridos? Estas preguntas y muchas más tienen respuesta en nuestro informe popular, Comprendiendo Fideicomiso de Vida Para Residentes de la Florida.

Gracias a nuestra asistente legal Jacqueline Bowden, y nuestra pasante Tamara Bauza, ahora tenemos disponible una traducción en español del informe. Para obtener una copia haga clic aquí: Comprendiendo Fideicomiso de Vida Para Residentes de la Florida.

Elder Abuse: 5 Red Flags Of Home Repair Scams

Published on: July 15, 2013 | by 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 scammed for a $3,000 deposit by a roofer after Hurricane Andrew a number of years ago. The roofer claimed to be working under his bosses’ license. Name of this attorney? See the author’s name above!

Checklist Of Initial Tasks For A Florida Personal Representative (Or Executor)

Published on: July 13, 2013 | by 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 tasks. For questions call an attorney at Rarick & Bowden Gold, P.A. at (305) 556-5209 or email to info@raricklaw.com

CHECKLIST:

Florida Probate Attorney Fees: The Inside Scoop By A Miami Probate Attorney

Published on: July 5, 2013 | by 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, and (3) in the least expensive way.

Efficiently and As Quickly As Possible

How Much Does A Florida Living Trust Cost – And What You Should Get For Your Fees

Published on: July 5, 2013 | by Rarick & Bowden Gold

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 want to minimize costs. But paying even $10 for a legal instrument that does not accomplish your objectives is worthless. The place to start is to identify your objectives, and then find the legal plan that will accomplish these objectives at the least cost.

Transfer of Florida Homestead to a Revocable Trust: Assessing The Risks and Benefits

Published on: April 16, 2013 | by Rarick & Bowden Gold

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 to whether homestead transferred to a revocable trust jeopardizes it’s protection from creditors under Florida’s renowned homestead law.

In Bosonetto, an elderly woman who was about to have a final judgment of more than $100,000 held against her, used most of her invested money to purchase a Florida home. In re Bosonetto, 271 B.R. 403 (Bankr. M.D. Fla. 2001). This was homestead property, but was held in a revocable trust. The Plaintiff argued that trusts cannot claim homestead property as exempt. The court noted that the exemption from forced sale under the Florida Constitution was only applicable to property held by a natural person. The court concluded that because the property was held by the trust, “and because a trust is not a natural person, Defendant Bosonetto may not claim the Florida property is covered by the homestead exemption.” Id. at 407.

Federal Gift Tax Update: The Window May Close Soon

Published on: September 2, 2012 | by Rarick & Bowden Gold

By Miami Trust Attorneys Phillip B. Rarick, Esq. and Jay R. Beskin, Esq.

I. The Opportunity – And The Problem.

The Opportunity: Gifts to family members and others are free of the U.S. gift tax if under the exemption. Specifically, U.S. Citizens in 2012 can give away assets worth $5,120,000 ($10,240,000 per couple) without having to pay any federal estate tax or gift tax.

How Long Does Florida Probate Take?

Published on: August 18, 2012 | by Rarick & Bowden Gold

The time from to open and close a Florida probate estate depends on the type of administration – and of course upon the attorney. If the attorney is not experienced in Florida probate or does not concentrate in this field, expect the probate to take much longer and cost more.

A. Summary Administration: The Fast Track

The fastest Florida probate procedure is Summary Administration, but it may only be used if (a) the value of the decedent’s entire estate subject to administration in this state, exclusive of exempt property, does not exceed $75,000; or (b) the decedent has been dead for more than two years, regardless of the size of the estate. F.S. 735.201(2). For more information about Summary Administration, see our Florida Probate Quick Reference Guide