Articles Posted in Trust Law

Family Law Attorneys using Trusts
3 CREATIVE WAYS FAMILY LAW ATTORNEYS CAN USE TRUSTS

By:  Phillip B. Rarick, Miami Trust Attorney, and Maria C. Gonzalez, B.C.C., Family Law Attorney

The following note is a brief review of three popular trusts that can help ensure compliance with future financial obligations set forth in a Pre-Nuptial Agreement or Marital Settlement Agreement.

Is a Handwritten Will Valid Under Florida Law?

By: Jacqueline R. Bowden Gold, Miami Lakes Estate Planning Attorney

handwritten will
When planning for the future, a crucial step is ensuring that your wishes are respected after your death. This often involves creating a will. However, not all wills are created equal, and understanding the types of wills and required formalities is essential in Florida. One type is a “holographic will,” which is not recognized as valid under Florida law. Let’s explore what a holographic will is, why it’s not valid in Florida, and why a holographic will created in another state may still be problematic if you move to or have assets in Florida.

Keeping Peace in The Family: 5 Common Pitfalls

By Attorney Phil Rarick, Weston Estate Planning Attorney

As an estate planning attorney, I sometimes witness stressful family fights that break out upon the death of a father or mother or husband and wife. On some occasions, it’s outright family warfare! What is painful is that the family was functioning quite well before the passing of their family member.  Here are five common pitfalls to avoid:

Celebrities Who Died Without a Last Will

Celebrities Who Died Without a Last Will

The Importance of Estate Planning

By: Jacqueline R. Bowden Gold, Miami Estate Planning Attorney

Property Tax Appeal2024 Property Tax Appeal Deadline: Read the Small Print!

By: Phil Rarick, Miami Trust Attorney

You will miss this deadline if you do not read carefully – and you may need a magnifying glass to find it.  Around the last weeks of August, you should have received in the mail a “Notice of Proposed Property Taxes” or “TRIM Notice” from your county property tax appraiser. This is NOT a bill but a notice. Buried at the bottom of your Notice in small print is an important deadline for appealing your tax assessment.

Incorporating Cryptocurrency into Your Estate Plan

By: Jacqueline R. Bowden Gold

cryptocurrency
As cryptocurrency continues to grow in popularity, it has become an increasingly important asset class for investors. However, many people overlook the complexities involved in incorporating digital assets into their estate plans. Unlike traditional assets, cryptocurrency presents unique challenges and considerations. Here’s a guide to help you seamlessly include your crypto holdings in your estate planning process.

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By Phil Rarick, Miami Trust Attorney

Naming a minor child as a beneficiary of a will, life insurance policy, IRA, 401K, bank account or any other source of fund is almost always a substantial mistake for four reasons:

  1. If the funds are over $15,000 a guardian ad litem may need to be appointed by the court for the minor to access the funds upon death or disability of the parent. See F.S. 744.301. Court costs to petition the court and secure such funds on behalf of the minor could run from $3,000 to $5,000.

Understanding Step-Up in BasisA Crucial Tool for Estate Planning

By: Jacqueline R. Bowden Gold, Miami Estate Planning Attorney

Step-up in basis is a tax provision in the United States that can significantly benefit those who inherit assets. By resetting the value of an inherited asset to its fair market value at the time of the decedent’s death, this provision can potentially minimize capital gains taxes when the asset is sold. Understanding how step-up in basis works and how to effectively receive it can be crucial for effective estate planning and maximizing the value of inherited assets.

Instructions
Florida Successor Trustee Checklist

By Phillip B. Rarick, Miami Trust Attorney

You are named the successor trustee and the trustmaker has just died.   No doubt these are difficult times, but thankfully there are many resources to help.  The following is a checklist of initial important tasks to help guide you after the funeral or memorial service.

12 Point Wealth Protection Checklist For 2024

By: Phil Rarick & Jacqueline Bowden Gold, Estate & Business Law Attorneys

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Note:    Rarick & Bowden Gold’s mission is helping all families protect their hard-earned wealth regardless of size – we provide basic estate planning for families with modest savings and advanced planning for those with substantial wealth.

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