Articles Posted in miami probate lawyer

Should You Use a Lady Bird Deed or a Trust in Florida?
Rarick & Bowden Gold, P.A.

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…

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Understanding Spousal Rights Under Florida Probate Law
Rarick & Bowden Gold

Understanding Spousal Rights Under Florida Probate Law: What You Need to Know By Jacqueline R. Bowden Gold, Weston Probate Attorney Florida probate law provides specific protections for legally recognized spouses upon the death of their partner. However, it’s important to note that Florida does not recognize common law marriage, meaning individuals who have lived together…

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2024 Property Tax Appeal Deadline: Read the Small Print!
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…

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Florida Successor Trustee Checklist 2024
Rarick & Bowden Gold

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…

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File Your 2025 Annual Report – But Watch For These 3 Scams
Rarick & Bowden Gold

By Phillip B. Rarick, Esq., Miami Lakes and Weston Estate Planning Attorney Its a New Year and time to file your 2025 Annual Report if you own a Florida LLC (limited liability company), corporation, or partnership. The deadline is May 1, 2025. The state will charge you a $400 late fee if you miss this…

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Asset Protection Checklist For Married Professionals
Rarick & Bowden Gold

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. 1.…

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Florida’s Unique Procedure For “Probating” Homestead Property
Rarick & Bowden Gold

By: Jacqueline R. Bowden Gold It is no surprise that Florida is different from the other 49 states. What is confusing to some probate attorneys outside the state is Florida’s unique Procedure for “Probating” Homestead Property. Pursuant to Florida Statute 733.607, protected Florida homestead property is not considered a probate asset, so why does it…

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Florida Treasure Hunt: Check It Now! Florida Unclaimed Property Law
Rarick & Bowden Gold

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…

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Three Common Problems We See With Non-Florida Wills
Rarick & Bowden Gold

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…

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Florida’s Sweeping Elective Share
Rarick & Bowden Gold

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…

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