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Florida Trust & Probate Attorneys Blog

New Florida Durable Power of Attorney Law Makes Sweeping Changes
Rarick & Bowden Gold

Introduction The Florida legislature recently enacted the “Florida Power of Attorney Act” (“FPOA”, Fla. Stat. §§709.2101-.2402), fundamentally overhauling existing law, and making sweeping new changes. Even though the new law recognizes durable power of attorneys (“DPA’s) executed under the prior law, we are advising clients to update their DPA, if more than a year old,…

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US Tax Traps and Possible Solutions for the Non-Resident or Resident Foreign National
Rarick & Bowden Gold

By Phillip B. Rarick, Esq. and Gene C. Sulzberger, CFP®, J.D. In the United States there are multiple estate and gift tax traps if you are not a U.S. citizen or your spouse is not. If you are a non-resident, or a resident with a Green Card and own property in Florida or other parts…

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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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Olmstead Patch Bill Signed by Governor: Multi-Member Florida LLC’s Improved As Asset Protection Entity
Rarick & Bowden Gold

By Phillip B. Rarick, Esq., Miami Asset Protection Attorney Executive Summary: Last summer in the case of Olmstead V. F.T.C the Florida Supreme Court held that a charging order is not the exclusive remedy against a single member LLC and indicated that it may not be the exclusive remedy against a multi-member LLC. 2010 WL…

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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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7 Point Checklist for Florida Corporate Entities
Rarick & Bowden Gold

By Phillip B. Rarick, Miami Trust Attorney Time for a Spring Check-Up for your Florida corporate entities. This note is our annual reminder to review your Florida corporations, LLC’s (limited liability companies), or partnerships. Here is our 7 Point Checklist: 1. Annual Minutes Up-to-date? 2. Are any Special Meeting Minutes required? 3. Shareholder Agreement Up-to-date?…

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Rarick & Associates Alert: Beware of Corporate Scam
Rarick & Bowden Gold

If you get a letter or an email from a company called COMPLIANCE SERVICES (not to be confused with the Florida corporation, Compliance Services, Inc.) asking for a fee of $125 for corporate minutes BEWARE. Minutes are not required to be posted with the Florida Secretary of State. Rather, they should be prepared and filed…

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Estate & Gift Tax Reform: The Two Year Window
Rarick & Bowden Gold

On December 17, 2010, President Obama signed into law the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, simply known as the “2010 Tax Relief Act” (TRA 2010). TRA 2010 includes significant changes for estate, gift and generation-skipping transfer (“GST”) tax relief in 2011 and 2012, as well as estate and GST…

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New Tax Bill Signed Today
Rarick & Bowden Gold

Good news for taxpayers! The new tax bill was signed into law today. This law will extend for two additional years the Bush-era tax rates, including the 15 percent long-term capital gains and qualified dividends rate. It will provide substantial estate tax relief: the law will reintroduce the federal estate tax with higher exemption amounts,…

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