Articles Posted in Probate

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 and beat back one of the darkest forces ever assembled in human history.  Here are a few pictures from this trip.

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 youth basketball for many years,  and one of the first points we drilled was protecting the “rock” or the ball.   To win games, you better first protect the rock. 

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 can serve all reasonably ascertainable creditors  with Formal Notice and the creditor will then have only 30 days to file a claim.  Second, the PR can reduce the claim period window to 90 days by publishing a Notice To Creditors.

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)

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:

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:

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!

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: 

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

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.

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