miami trust lawyer

What is a Florida Beneficiary’s Right to Trust Accounting?

Published on: March 20, 2025 | by Rarick & Bowden Gold

What is a Florida Beneficiary’s Right to Trust Accounting?

By Phil Rarick, Weston Trust Attorney, and Jasmine Benitez, Legal Assistant

In Florida, qualified beneficiaries of a trust have a legal right to receive an accounting from the trustee. This accounting is a detailed report of the trust’s financial activities, including income, expenses, distributions, and the status of trust assets. It ensures transparency and helps beneficiaries verify that the trustee is managing the trust according to Florida law.

Can a Trustee Be Removed in Florida?

Published on: March 13, 2025 | by Rarick & Bowden Gold

Can a Trustee Be Removed in Florida?

By Phil Rarick, Weston Trust Attorney, and Jasmine Benitez, Legal Assistant

The answer is yes – under certain circumstances, a trustee can be removed from their duties. A trustee has a high fiduciary responsibility to act in the best interest of the qualified beneficiaries, but if they fail to do so, there are legal grounds for removal.

Should You Use a Lady Bird Deed or a Trust in Florida?

Published on: March 6, 2025 | by Rarick & Bowden Gold

Should You Use a Lady Bird Deed or a Trust in Florida?

By Jacqueline R. Bowden Gold, Broward Estate Planning Attorney

When planning your estate in Florida, you may have heard about Lady Bird Deeds (Enhanced Life Estate Deeds) and Revocable Living Trusts as tools to transfer property while avoiding probate. But which is the better option for your situation? This guide will compare both, explaining their benefits, drawbacks, and key considerations.

Does a Florida Land Trust Provide Asset Protection?

Published on: February 27, 2025 | by Rarick & Bowden Gold

Does a Florida Land Trust Provide Asset Protection?

By Phil Rarick, Weston Trust Attorney, and Jasmine Benitez, Legal Assistant

Many real estate investors wrongly believe that a Florida Land Trust can offer asset protection. While this type of trust is known for providing privacy and simplifying estate planning, they do not provide comprehensive protection from creditors or legal claims. A better option is often a multi-member Florida limited liability company with a strong operating agreement that takes advantage of Florida’s anti-Olmstead law.

What is a Family Trust?

Published on: January 9, 2025 | by Rarick & Bowden Gold

What is a Family Trust?

By Phil Rarick, Weston Trust Attorney

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BOI Report Filing Deadline Is December 31

Published on: November 7, 2024 | by Rarick & Bowden Gold

BOI Report Filing Deadline Is December 31

By: Phil Rarick, Miami Trust Attorney

Note: This Alert is for any owner of a LLC, corporation, limited partnership, or professional association. It is in follow up to our past notices about the requirements of the Beneficial Ownership Information (BOI) report under the new Corporate Transparency Act (CTA) and the upcoming deadlines.

The Importance of Your Adult Child Naming a Healthcare Surrogate and Power of Attorney

Published on: September 26, 2024 | by Rarick & Bowden Gold

The Importance of Your Adult Child Naming a Healthcare Surrogate and Power of Attorney

By: Jacquel ine R. Bowden Gold, Miami Estate Planning Attorney

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Is a Handwritten Will Valid Under Florida Law?

Published on: September 19, 2024 | by Rarick & Bowden Gold

Is a Handwritten Will Valid Under Florida Law?

By: Jacqueline R. Bowden Gold, Miami Lakes Estate Planning Attorney

handwritten will
When planning for the future, a crucial step is ensuring that your wishes are respected after your death. This often involves creating a will. However, not all wills are created equal, and understanding the types of wills and required formalities is essential in Florida. One type is a “holographic will,” which is not recognized as valid under Florida law. Let’s explore what a holographic will is, why it’s not valid in Florida, and why a holographic will created in another state may still be problematic if you move to or have assets in Florida.

Keeping Peace in The Family: 5 Common Pitfalls

Published on: September 12, 2024 | by Rarick & Bowden Gold

Keeping Peace in The Family: 5 Common Pitfalls

By Attorney Phil Rarick, Weston Estate Planning Attorney

As an estate planning attorney, I sometimes witness stressful family fights that break out upon the death of a father or mother or husband and wife. On some occasions, it’s outright family warfare! What is painful is that the family was functioning quite well before the passing of their family member. Here are five common pitfalls to avoid:

2024 Property Tax Appeal Deadline: Read the Small Print!

Published on: August 29, 2024 | by Rarick & Bowden Gold

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.