Articles Tagged with miami estate planning lawyer

By Jacqueline R. Bowden, Esq. and Phillip B. Rarick, Esq.

Same-sex marriage will likely be legal in Florida beginning January 6 as a result of a historic 7-2 ruling by the U.S. Supreme Court yesterday, December 19.    This ruling, denying Attorney General Pam Bondi’s request to extend a stay preventing the state from recognizing the marriages of eight same sex couples, may signal the state’s last defense of a constitutional ban on same-sex marriage in line with the over-whelming national trend to strike down such bans.

The ruling has profound legal consequences for Florida same-sex couples.  This Alert reviews six Federal benefits available now, and three  state benefits that will be available January 6 barring any further legal developments, which are unlikely as Attorney General Bondi has now conceded that the stay will end January 5.

First, let’s hope you don’t need this.  But, if you do, here is a checklist of key estate planning items that should be considered prior to filing a petition for dissolution of marriage:

Note: This is a partial list of key items.  Invariably there are other considerations.  Consult your estate planning attorney.

1.         Revise living revocable trust or will:

Introduction

Florida same-sex partners and same gender couples who were legally married in a state outside of Florida and have now moved to Florida should consider using a TBE (Tenants by Entireties) Delaware LLC to own Florida real estate or intangible property. Here is why.

Strategy

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

Quote: There are three things that are real – God, human folly and laughter.  The first two are beyond our comprehension.   So we must do what we can with the third.   –  John F. Kennedy

Here are five bad items of advice – that you hear all the time from otherwise smart persons:

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

Summary:

The following Alert discusses the Florida real estate form DR-430 required to be filed upon the cumulative transfer or control of more than 50% of the legal entity that owned the property, or transfer of more than 50% of ownership interest.

By Phillip B. Rarick, Miami Asset Protection Attorney

Let’s face it.   If you have adult children, now married or considering marriage, you are a little concerned that your daughter’s husband could someday inherit your hard earned wealth. (Or maybe it’s your son’s wife.)

So, how do you protect your property, and make sure it goes to only your adult children (or your grandchildren) and not your child’s spouse?

By Phillip B. Rarick, Esq., Miami Asset Protection Attorney

Click Here: Part 3: The Asset Protection Ladder

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By Phillip B. Rarick, Esq.,  Miami Asset Protection Attorney

Click Here:  Asset Protection in Florida – Part 2 – Tenancy By Entirety

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By Phillip B. Rarick, Esq.,  Miami Asset Protection Attorney

Click here:  Part 1 – Homestead and Other Protected Assets 

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