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:
By Phillip B. Rarick, Miami Probate Attorney
You are named the personal representative (or executor in other states) and a loved one or family member has just died. No doubt these are difficult times, but thankfully there are many resources for help. The following is a checklist of initial important tasks to help guide you after the funeral or memorial service.
Note: You are not required to accept the Personal Representative duties. Before you can legally act on behalf of the estate you will likely need to secure Letters of Administration issued by a Florida probate court that officially designate you as the legal authority in charge of the estate. Therefore, you should not take action as Personal Representative before you know your duties and what potential claims you may face from estate beneficiaries and creditors. Consult a Miami probate attorney and see our 10 Basic Legal Rights for Beneficiaries Under a Florida Will.
____ 1. Minimum of 10 death certificates (these can usually be obtained through the funeral home)
____ 2. Original Will and all codicils (or amendments to the Will)
Note: If you have the original, either personally deliver to the attorney’s office or send via Federal Express or certified mail.
If you are a beneficiary or interested person of a Florida Will, you have numerous legal rights protected by Florida law. These laws are designed to keep you informed about the probate administration and make sure the decedent’s wishes as described in the Will are fulfilled.
The person in charge of making sure the property distributions in the Will are satisfied according to the instructions of the decedent is called a “Personal Representative” (referred to in other states as an “Executor”). The Personal Representative (or “PR”) has numerous fiduciary duties that run like a laser beam to the beneficiary. Here are some of the most important:
By: Phillip B. Rarick, Esq.
Most divorce judgments call for one of the parties to obtain a life insurance policy for securing the payment of child support, alimony or some other financial obligation. Let’s assume the obligation is solely child support: a potential mistake is failure to secure payment of the policy premiums by use of an irrevocable Children’s Safe Harbor Trust structured as a spendthrift trust.
For securing the payment of child support, the settlement agreement should have specific language that may read as follows:
By Phillip B. Rarick, Esq. and Jacqueline R. Bowden, Esq.
In Florida, when you die, your debts remain in your estate – and are not transferred to a surviving spouse or family member. However, this simple legal concept does not stop some creditors from harassing the surviving spouse or a family member into payment of a debt for which they have no legal obligation.
Creditors may strike immediately after death, showing empathy and false kindness, and then try to convince the surviving spouse they have a legal or moral obligation to pay. Beware and do not pay until you have consulted an attorney.
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.
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 Cristina M. Fernandez, Esq.
A. The Question
A common question we encounter is how to transfer the title of a motor vehicle upon the death of its owner.
By Phillip B. Rarick, Esq., Miami Trust Attorney
A. Domicile vs. Residence
“Domicile” and Residence are two different legal terms, but often confused. A person can have only one domicile, but any number of residences in different states. Domicile is your actual residence in the state joined with your intention to make that state your permanent home. In order to establish a new domicile, you must first abandon your old “domicile”, but not necessarily your old “residence.” The Florida test is both a subjective and objective test. The following checklist is a list of important objective criteria.
Florida Trust & Probate Attorneys Blog
