miami trust attorney

9 Key Benefits Available to Florida Same-Sex Couples: U.S. Supreme Court Clears Way For Critical State Benefits Effective January 6

Published on: December 20, 2014 | by Rarick & Bowden Gold

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.

7 Point Checklist for Pre-Divorce Planning

Published on: August 6, 2014 | by Rarick & Bowden Gold

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:

Estate Planning For Florida Same Sex Partners or Spouses: What You Should Know About TBE Delaware LLC’s

Published on: June 8, 2014 | by Rarick & Bowden Gold

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

Asset Protection Checklist For The Florida Small Business Owner

Published on: May 26, 2014 | by Rarick & Bowden Gold

By Phillip B. Rarick, Miami Wealth Protection Attorney*

ASSET PROTECTION CHECKLIST FOR THE FLORIDA SMALL BUSINESS OWNER

Transfer of Motor Vehicles after Owner’s Death: How to Avoid Probate in Florida

Published on: May 19, 2014 | by Rarick & Bowden Gold

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.

FLORIDA DOMICILE CHECKLIST

Published on: May 13, 2014 | by Rarick & Bowden Gold

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.

The New Consensus From Heckerling: The Estate Planning World Has Flipped 180 Degrees By ATRA

Published on: March 24, 2014 | by Rarick & Bowden Gold

How fundamentally has the 2012 American Taxpayer Relief Act (ATRA) changed estate planning? It may have taken a year for this consensus to develop, but the simple answer that was apparent at the recent 48^th Annual Heckling Institute on Estate Planning is this: Profoundly; there is a new paradigm in estate planning.

Paul Lee, the National Managing Director of Bernstein Global Wealth Management, captured the essence of the new consensus in his presentation. The new law increases the estate tax exemption to $5.34* million per person and $10.68* million for a married couple. With the increased exemptions and permanence of portability of the deceased spouse unused exclusion (DSUE), Mr. Lee’s major Take-Away Points are:

Estate planning is now far more complicated for estates above the $5.34* million threshold

Pet Trusts: Have You Forgotten Your Pet(s)? Your Very Loyal Pet?

Published on: March 16, 2014 | by Rarick & Bowden Gold

By Phillip B. Rarick, Miami Trust Attorney

Who is the first to greet you when you come home? For me, it used to be my young daughters or son. But now that my youngest daughter is a teenager (and too cool for such shows of affection) those days are past. So now the first to greet me is Toby, our loyal Yorkie.

If you have a loyal pet like this, of course you do not want to forget him or her if you can no longer care for your pet. You have detailed instructions in your trust or will to take care of your loved ones – but have you forgotten your pets?

Three Smart Legal Points To Know if You Own a Boat – or Jet Skies

Published on: March 1, 2014 | by Rarick & Bowden Gold

By Phillip B. Rarick, Miami Asset Protection Attorney

The saddest and most tragic call I have ever received as a lawyer came when a parent called and said her teenage son, while operating a jet ski, had run over a young girl who happened to be about the age of my daughter. I declined the case. The young girl later died, and of course there was a large law suit.

These are the nightmare scenarios you never want to encounter. Of course, the most obvious, common sense step to avoid such tragedies is to make sure that whoever is operating your boat or jet ski is well trained on operation of the vessel and in fact follows safe, recommended operating procedures. With the excellent and free Coast Guard training programs in south Florida there is no excuse not to take advantage of these programs.

What’s Wrong With This Picture? NY Attorney Names Himself As Personal Representative For A Florida Resident

Published on: February 15, 2014 | by Rarick & Bowden Gold

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

We have written about this issue in the past, but it is one that keeps popping up. Here are the relevant facts. Note: I have changed some facts to avoid disclosure of private information.

Recently, we reviewed a New York will where the drafting attorney named himself and his client’s CPA as Personal Representative for the estate. Neither the attorney nor the CPA were blood related to the client and neither were residents of Florida.