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Florida Trust & Probate Attorneys Blog

Asset Protection in Florida: Five Common Mistakes – Five Tested Solutions
Rarick & Bowden Gold

By Miami Asset Protection Attorney Phillip B. Rarick, Esq. In our litigious society anyone can become a target of a plaintiff seeking to get a money judgment against you personally. In today’s real estate market, where it is usually impossible to negotiate with the lender, deficiency judgments are a major concern. You may have excellent…

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Federal Gift Tax Update: The Window May Close Soon
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…

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How Long Does Florida Probate Take?
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…

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How Much Does Florida Probate Cost?
Rarick & Bowden Gold

By Phillip B. Rarick, Esq., Miami Probate Attorney I. Executive Summary Attorney’s fees and personal representative’s (“PR”) fees make up most of the costs for Florida Probate. The biggest cost are usually attorney fees. Florida probate attorney fees depend on whether the proceeding is Summary Administration – usually the quickest and least expensive – or…

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What Are The Successor Trustee’s Duties?
Rarick & Bowden Gold

Answer by Miami Trust Attorney Phillip B. Rarick, Esq. Below is a summary of the basic obligations of a successor trustee of a trust. Note: Trust administration requires strict compliance with the trust terms and often analysis of complex tax requirements. If you are a successor trustee, we can help. It is important that you…

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What Is An Irrevocable Life Insurance Trust (ILIT)?
Rarick & Bowden Gold

Answer by Miami Trust Attorney Phillip B. Rarick, Esq. The most common purpose of the Irrevocable Life Insurance Trust (“ILIT”) is to help preserve the full value of the policy by protecting the insurance proceeds from the U.S. federal estate tax – currently at a 40% rate. The ILIT is the owner and beneficiary of…

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What Is A Special Needs Trust – And Why It Is So Important
Rarick & Bowden Gold

By Miami Trust Attorney Phillip B. Rarick, Eq. Is there someone in your family who has or may have special needs? Does someone in your family currently receive, or potentially in the future will be receiving, government benefits for their medical or other needs? If so, it is important that you know the benefits of…

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What is the Current Estate Tax or “Death Tax”?
Rarick & Bowden Gold

Answer by Miami Trust Attorney Phillip B. Rarick, Esq. The estate tax exemption for 2012 is $5.12 million; estates above $5.12 million are taxed at the rate of 35%. Unfortunately, absent congressional action, the estate tax exemption will fall back to $1 million per person with a top rate at 55% on January 1, 2013.…

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How To Avoid Probate?
Rarick & Bowden Gold

Answer by Miami Trust Attorney Phillip B. Rarick, Esq. The best way to avoid probate is to have a basic estate plan that includes a living revocable trust as your master set of instructions to make sure you give what you have, the way you want, and when you want. When you set up a…

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What’s Bad About Probate?
Rarick & Bowden Gold

Answer by Miami Probate Attorney Phillip B. Rarick, Esq. It can be expensive. According to a study by the American Association of Retired Persons (AARP), attorney fees for probate are usually three percent or more of the estate’s gross value. Florida presumptive statutory probate fees for attorneys (F.S. 733.6171) are approximately: Estate Florida Probate Fee…

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