Articles Posted in Probate

FLORIDA GUARDIANSHIP QUICK REFERENCE GUIDE
Rarick & Bowden Gold

By Phillip B. Rarick, Esq., Miami Probate Attorney Introduction The commencement of a Florida guardianship is typically used in two situations – either when a person may be incapacitated or when a minor receives assets in excess of $15,000. If a guardianship is sought because someone may be incapacitated, then typically the court sets two…

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FAST TRACK FLORIDA PROBATE
Rarick & Bowden Gold

By Phillip B. Rarick, Miami Probate Attorney Introduction Most states have streamlined probate procedures for smaller estates. Florida’s procedure is called Summary Administration and can be used to expedite administration of estates not exceeding $75,000 or when the decedent has been dead for more than two years. F.S. 735.201(2). It avoids the appointment of a…

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FLORIDA PROBATE QUICK REFERENCE GUIDE
Rarick & Bowden Gold

By Phillip B. Rarick, Esq., Miami Probate Attorney Executive Summary Probate is the legal process for transferring assets owned by decedent according to the decedent’s will or Florida intestate law to his or her beneficiaries after all legitimate creditors of the estate have been paid. The Personal Representative (in other states this role is called…

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Estate or “Death Tax”: What’s the Latest News?
Rarick & Bowden Gold

It “appears” the President will agree to a future estate tax with a $5 million exemption and a 35% tax rate, although he is getting tremendous resistance from his own party. We need to wait and see how this shakes out. Regardless of your political affiliation, note that this agreed exemption and rate are only…

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A Life Estate the Spouse Can’t Afford: Florida Homestead Trap Cured by New Law
Rarick & Bowden Gold

By Phillip B. Rarick, Miami Trust Attorney Who is Impacted by This Legislation, F.S. § 732.401? The surviving spouse of a decedent when the decedent owned homestead property which was not properly devised or cannot be devised is impacted by this legislation. However, all Florida probate attorneys need to know the implications of the legislation…

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