Florida Trust & Probate Attorneys Blog
Understanding Spousal Rights Under Florida Probate Law:
What You Need to Know
By Jacqueline R. Bowden Gold, Weston Probate Attorney
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2024 Property Tax Appeal Deadline: Read the Small Print!
2024 Property Tax Appeal Deadline: Read the Small Print!
By: Phil Rarick, Miami Trust Attorney
You will miss this deadline if you do not read carefully – and you may need a magnifying glass to find it. Around the last weeks of August, you should have received in the mail a “Notice of Proposed Property Taxes” or “TRIM Notice” from your county property tax appraiser. This is NOT a bill but a notice. Buried at the bottom of your Notice in small print is an important deadline for appealing your tax assessment.
Florida Successor Trustee Checklist 2024
Florida Successor Trustee Checklist
By Phillip B. Rarick, Miami Trust Attorney
You are named the successor trustee and the trustmaker has just died. No doubt these are difficult times, but thankfully there are many resources to help. The following is a checklist of initial important tasks to help guide you after the funeral or memorial service.
File Your 2024 Annual Report – But Watch For These 3 Scams
By Phillip B. Rarick, Esq., Miami Lakes and Weston Estate Planning Attorney
Its a New Year and time to file your 2024 Annual Report if you own a Florida LLC (limited liability company), corporation, or partnership. The deadline is May 1, 2024. The state will charge you a $400 late fee if you miss this deadline.
The official Florida web site is www.sunbiz.org. This site has “Consumer Notices” to alert you to bogus web sites that try to scam persons who file these reports.
Asset Protection Checklist For Married Professionals
Asset Protection Checklist For Married Professionals
By Phil Rarick, Esq., and Jacqueline Bowden Gold, Esq., Miami Asset Protection Attorneys
If you have creditor threat, do you know what assets are easily exposed to creditors? Do you know what assets are already protected by Florida law? Take this three minute survey for a quick assessment.
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.
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.
Florida’s Sweeping Elective Share
By Phillip B. Rarick, Esq., Miami Probate Attorney
Florida’s 30% elective share law was completely rewritten in 2001 because the old law could be easily circumvented by placing assets in a revocable trust or using non-probate transfers (e.g. life insurance, IRAs etc.) In an effort to curtail such tactics, the legislature overhauled the statute and broadened the share. The result is an expansive elective share that sweeps into the decedent’s “elective estate” many non-probate assets. See F.S. §732.201 —§732.2155.
What Is Included? Florida’s elective share statute retains the 30% share under prior law, but introduces the concept of the “elective estate” (sometimes referred to as “augmented estate”) that consists of the following property interests under F.S. §732.2035:
10 Point Checklist For Florida Corporate Entities
By Phillip B. Rarick, Miami Lakes and Weston Estate Planning Attorney
Note: This 10 Point Checklist is for those persons who have interests in one or more Florida entities, such as a corporation, limited liability company (LLC), or limited Partnership (LP).
1. Annual Fees. In January the State of Florida will send notices via email reminding you that annual fees for each corporate entity are due no later than May 1. Do not wait to get an email notice from the state, as your fees are due regardless of whether you get a notice. Remember: The deadline to pay these fees is May 1 without penalty.
When Can A Non-Resident Of Florida Serve As The Personal Representative For A Probate Estate?
By Phillip B. Rarick, J.D, Miami Probate Attorney
Note: Special thanks to Illinois attorney John E. Fish for the following question, which is one of the most frequent questions we receive.
Executive Summary: