Florida Trust & Probate Attorneys Blog
The Importance of Your Adult Child Naming a Healthcare Surrogate and Power of Attorney
By: Jacqueline R. Bowden Gold, Miami Estate Planning Attorney
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Articles Tagged with Miami estate planning attorney
Is a Handwritten Will Valid Under Florida Law?
Is a Handwritten Will Valid Under Florida Law?
By: Jacqueline R. Bowden Gold, Miami Lakes Estate Planning Attorney
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
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
The Paycheck Protection Fund Is Dry – But Don’t Give Up!
by: Phillip B. Rarick, Esq.
Here is the good news/bad news I received from my bank today regarding my Paycheck Protection Program (PPP) Application: The good news: your application has been approved; the bad: the SBA is out of money and you must wait for Congress to refund the program!
Although I have heard of a few small businesses that have received funding I am guessing that most persons reading this letter have encountered similar frustrations. Note: if you have received funding, please so reply.
Special 2020 Asset Protection Checklist
by: Phillip B. Rarick, Esq.
The Covid-19 Pandemic has changed the world as we know it and presented daunting challenges we have not encountered in our life time. It requires a total review of your estate plan and business entities to assure you are taking full advantage of Florida laws designed to protect your family and business.
The hard new reality: What plan was best for you prior to 2020 may not be what is best for you today
5 Quick Tips On Maxing Out Loan Forgiveness
by: attorney Phillip B. Rarick
You can always count on the Americans to do the right thing – after they’ve tried everything else. – Winston Churchill.
Millions of small business owners and self-employed have filed for loans under the Paycheck Protection Program because part or all of the loan can be forgiven if you retain your employees and maintain their salary levels.
Florida Treasure Hunt: Check It Now! Florida Unclaimed Property Law
By Phillip B. Rarick, Esq., Miami Asset Protection Attorney
If you have never checked Florida’s website for lost accounts and abandoned property you should do so – immediately. You may be pleasantly surprised!
You may think that it is not possible that you have any “unclaimed” property held by the State of Florida – and you could be wrong.
What Is the Federal Gift Tax Annual Exclusion for 2019?
By Phillip B. Rarick, Esq. and Jay R. Beskin, Esq.
Last year the Federal annual gift tax exclusion was $15,000 and the amount remains the same for 2019. This means you can walk down the street and give out $15,000 to every person you meet and not have to file a gift tax return. If you are married, husband and wife can combine their annual exclusions and give $30,000 to each child or grandchild. As long as your gifts are below the annual exclusion amount, they are not counted against the lifetime gift exemption which is currently $11.4 million per person (Note: Be careful this is temporary and expected to drop to $5.6 million in 2026).
Note: Be very careful about making outright gifts to children. It is far safer to use a “Gifting Trust” so that the money is wisely used for the child’s college education or other needs – and so that the child does not blow it when he turns 18 or his creditors grab it when he is in his 20’s.
Three Common Problems We See With Non-Florida Wills
By: Jacqueline R. Bowden Gold
Our office handles probate estates for many out of state residents through our Florida Counsel services. In handling the estates there are three common problems we see with Non-Florida Wills that can easily be avoided by consulting with a Miami Estate Planning attorney. If you have a non-Florida resident who owns Florida real estate an ancillary administration may be required upon their passing. You should consider these problems when drafting their Will:
- Naming an out of State Attorney as Personal Representative or Executor.