Miami estate planning attorney

Elder Abuse: 5 Red Flags Of Home Repair Scams

Published on: July 15, 2013 | by Rarick & Bowden Gold

By: Phillip B. Rarick, Miami Probate Attorney

Note: This is a first in a series of short reports on the subject of avoiding elder abuse scams – a subject of considerable importance in south Florida. However, these reports are for persons of all ages.

Example From Real Life: An attorney I know exceptionally well was scammed for a $3,000 deposit by a roofer after Hurricane Andrew a number of years ago. The roofer claimed to be working under his bosses’ license. Name of this attorney? See the author’s name above!

How to Title Your Cars or Vehicles: Three Rules To Know

Published on: July 7, 2013 | by Rarick & Bowden Gold

By Phillip B. Rarick, Esq., Miami Trust Attorney

A common question we receive for persons who have prepared revocable living trusts is what do I do about title or registration for my cars. Unless your car is a Maserati or you have a collection of valuable old cars, here are three rules to follow if you live in Florida:

1. Do not title or register the car in your trust. A car is more likely to be a “lawsuit on wheels” than a valuable asset. There is no advantage to putting your car in the trust as cars do not need to be probated in Florida unless you have more than two cars in your name. If you have a collection of cars, then contact our office for further advice.

Autism: What Every Parent Should Know About Special Needs Trusts

Published on: July 7, 2013 | by Rarick & Bowden Gold

By Phillip B. Rarick, Esq., Miami Trust Attorney

Introduction

Parents of children with autism have many daunting tasks. One task that is often put off until it is too late is making sure you have a back-up plan if you can no longer care for your child. You are the primary care giver for your child. If you become disabled or die, do you have a plan? Do you have instructions to care for your child? Have you designated persons whom you trust and who could care for your child if you cannot not provide such care?

Florida Probate Attorney Fees: The Inside Scoop By A Miami Probate Attorney

Published on: July 5, 2013 | by Rarick & Bowden Gold

By Phillip B. Rarick, Esq., Miami Probate Attorney

A family member has died, and you are the Personal Representative or Executor named in their will. Your job is to find a probate attorney. You probably have three objectives: you want an attorney who will handle the legal tasks (1) efficiently; (2) as quickly as possible, and (3) in the least expensive way.

Efficiently and As Quickly As Possible

How Much Does A Florida Living Trust Cost – And What You Should Get For Your Fees

Published on: July 5, 2013 | by Rarick & Bowden Gold

By Phillip B. Rarick, Esq., Miami Trust Attorney

Define Your Objectives – and Ask The Right Questions

Many persons seeking to retain an attorney for preparing a living trust often ask the wrong question, which is simply this: What is the cost for a living trust? This is usually mistake number one. Of course you want to minimize costs. But paying even $10 for a legal instrument that does not accomplish your objectives is worthless. The place to start is to identify your objectives, and then find the legal plan that will accomplish these objectives at the least cost.

Florida Attorney General Cracks Down On Florida Center of Corporations

Published on: July 3, 2013 | by Rarick & Bowden Gold

By Phillip B. Rarick, Miami Probate Attorney

Two weeks ago we reported a scam directed at Florida businesses by a company named Florida Center of Corporations located in Davie, Florida. I am pleased to now report that the Florida Attorney General secured a temporary injunction and asset freeze against this company on July 2. See SunSentinel.com, July 3, 2013 (Davie firm’s assets frozen).

The deceptive practice goes like this. After a company incorporates, the Florida Center of Corporations sends out a letter appearing to be an “official” letter from the state of Florida advising you to send in about $56 to secure a Certificate of Status for your corporation. According to the SunSentinel article, more that 12,000 businesses fell for this scam and sent in money.

UNDERSTANDING LIVING TRUSTS: A QUICK GUIDE IN PLAIN ENGLISH

Published on: April 27, 2013 | by Rarick & Bowden Gold

By: Phillip B. Rarick, Esq., Miami Trust Attorney

I am pleased to announce that we have published on our web site a quick and easy explanation of living trusts. Click here: Understanding Living Trusts. Note: A PowerPoint presentation will appear in your lower task bar; click the presentation.

Every person should have a living trust, regardless of whether you have $10,000 or $900,000.

Watch For This Scam: Corporate Records Service

Published on: January 10, 2013 | by Rarick & Bowden Gold

By Miami Trust Attorney Phillip B. Rarick, Esq.

Last year I reminded you of a state-wide corporate scam called Compliance Services. Well, they are at it again!

Recently (approximately January 7-11, 2013) you may have received a letter that looks like an “official” letter from the state of Florida by a company called Corporate Records Service, 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. This is a scam. These notices are not from the Department of State, Division of Corporations. Minutes are not required to be posted with the Florida Secretary of State. Rather, they should be prepared and filed in your corporate book.

After the Fiscal Cliff: Three Take Away Points For Estate & Gift Tax Planning

Published on: January 3, 2013 | by Rarick & Bowden Gold

By Miami Trust Attorneys Phillip B. Rarick, Esq. and Jay R. Beskin, Esq.

We averted one Fiscal Cliff. How does the new “Taxpayer Relief Act” passed by the Senate on New Year’s Eve impact estate and gift taxes for the American family? Here are three key points:

1. Estate and Gift Tax rates are increased to 40%

Standby Florida Elective Share Trusts

Published on: October 6, 2012 | by Rarick & Bowden Gold

By Miami Probate Attorney Phillip B. Rarick, Esq.

Florida’s elective share statute allows attorneys to draft standby Florida elective share trusts. (For a summary of Florida’s elective share see our post: Florida’s Sweeping Elective Share.) As of April 23, 2002, trusts that create property interests contingent upon an election being made are now qualified to fund the spouse’s elective share interests. The requirements for such a trust are set forth at F.S. §732.2025(2) and include: (1) surviving spouse must be entitled to use of the property for life or have all of the income payable as least annually; (2) the surviving spouse has the right to make the trust productive of income or convert it within a reasonable time; and no person other than the spouse has the power to distribute income or principal to anyone other than the spouse.

Rarick, Beskin & Garcia Vega has been trusted by numerous law firms and many families during the past 18 years for probate, estate planning, trust and asset protection cases. To schedule an appointment, call (305) 556-5209 or email info@raricklaw.com.