Articles Posted in miami trust lawyer

By Phillip B. Rarick, Esq., Miami Asset Protection Attorney Click Here: Asset Protection in Florida – Part 2 – Tenancy By Entirety Note: PowerPoint Presentation will appear in bottom task bar. Also see our recent blog: Tenancy By Entireties In Florida: The Benefits – and 5 Traps Special Note The information on this blog is…

By Phillip B. Rarick, Esq., Miami Asset Protection Attorney Click here: Part 1 – Homestead and Other Protected Assets Note: PowerPoint Presentation will appear in bottom task bar. Read More: Florida Homestead – 3 Tricky Issues To Watch Special Note The information on this blog is of a general nature and is not intended to…

By Phillip B. Rarick, Miami Asset Protection Attorney On occasion, I am invited to speak to small business groups regarding tips on how best to protect your business and investments from rogue lawsuits – or any lawsuit. Those who have heard my presentation know about the basketball that I bring to each presentation. I coached…

Real estate attorneys and professionals are without a doubt familiar with the FIRPTA withholding rules on U.S. property sales and rental income for foreign investors. The technical term for such investors is “non-resident alien”; this is an investor who does not hold a green card and meets other requirements. Taxes that are often over-looked before…

By: Phillip B. Rarick, Miami Probate Attorney Executive Summary Failure to obtain court approval under Florida guardianship law of a pre-suit structured settlement exceeding $15,000 on behalf of a Florida minor child could result in the settlement being disaffirmed by the minor on reaching majority or within a reasonable time thereafter. See F.S. 744.387(3)(a) A.…

By Phillip B. Rarick Esq., Miami Probate Attorney The following documents are usually needed to open a testate Florida ancillary probate: Court-authenticated copy of: 1. Decedent’s last will 2. Petition for Probate 3. Order admitting the will to probate 4. Letters of administration Other documents: 5. Two Certified Death Certificates If not set forth in…

By: Phillip B. Rarick, Miami Asset Protection Attorney The Family Limited Partnership, (the full legal name is family limited liability limited partnership (FLLLP) is designed to accomplish asset protection, tax and non-tax goals. First, it provides protection from claims of creditors for the partnership assets. Creditors of a partner can only obtain a charging order…

By Phillip B. Rarick, Miami Asset Protection Attorney An increasingly popular off-shore asset protection jurisdiction is Nevis Island. Nevis has enacted modern, strong trust and limited liability company (LLC ) laws exceptionally difficult to penetrate by any creditor. For example, to attack an interest in a Nevis Island LLC, a Florida creditor has to go…

By: Ruzy Behnejad Executive Summary In recent years, because of an increase in estate tax exemption amounts, the legal field of estate planning has seen a significant trend towards the drafting of irrevocable Spousal Lifetime Access Trusts (“SLAT”). These trusts are designed to preserve and pass on family wealth to younger family members, while also…

By: Phillip B. Rarick, Miami Probate Attorney Note: This is a first in a series of short reports on the subject of avoiding elder abuse scams – a subject of considerable importance in south Florida. However, these reports are for persons of all ages. Example From Real Life: An attorney I know exceptionally well was…