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Articles Posted in Estate Planning

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One Thing Every Parent Should Have For Their Children- Instructions!

By Phil Rarick, Weston Estate Planning Attorney You and your spouse are finally going out for the evening.  The babysitter, a  high school  student,  has arrived and you are loading the young woman with last minute instructions:  time for bed, make sure the kids brush their teeth, books to read…

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What Is the Federal Gift Tax Annual Exclusion for 2019?

By Phillip B. Rarick, Esq. and Jay R. Beskin, Esq. Last year the Federal annual gift tax exclusion was $15,000 and the amount remains the same for 2019.  This means you can walk down the street and give out $15,000 to every person you meet and not have to file…

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When Bad Things Happen To Good Families:  Keeping Peace In The Family Upon Death Of Family Matriarch Or Patriarch

By: Phil Rarick, Esq.  A Short Story With a Big Lesson Everyone admired the Anderson family.    Walter and Joan had 5 children and had worked hard all their lives to give their children the best of American life:  each child received a car when they were a junior in high…

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3 Ways Your Thoughtful Florida Will Can Be Made Meaningless

By: Phil Rarick Here is a scenario we see more and more with persons who try to do estate planning themselves, specifically Florida Wills, without consulting with an experienced estate planning attorney.     Louise has three adult daughters, Erma, Madeline, and Roseanne.  The daughters are all close and speak to each…

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Three Common Problems We See With Non-Florida Wills

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…

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8 Point “Porcupine” Asset Protection Strategy

May the odds be with you –but frankly they’re not.    More than 60% of doctors over the age of 55 have been sued at least once, according to a new survey by the American Medical Association (AMA).  Doctors are not the only professionals at risk. Virtually all small business owners…

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Florida’s Sweeping Elective Share

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…

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Does A Trust Need to Be Recorded, Filed or Registered in Florida?

Does A Trust Need to Be Recorded, Filed or Registered in Florida? One of the most common questions I get as a Weston estate planning attorney is, do I need to record my living trust? Some persons believe that a trust needs to be publicly recorded like a corporation or…

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Four Problems With “Simple Wills” In Florida

By:  Phil Rarick, Estate Planning Attorney Many persons are tempted to have a “Simple Will” in which they want everything they own at death to go outright first to their spouse,  and if the spouse does not survive then to their children in equal shares.    Rather than take the time…

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The Problem With A Florida Professional Association

Big Question: Can your practice survive if you suddenly die or become incapacitated?  Recently, a highly respected physician suddenly died owning 100% of his practice in a Professional Association. No other person was listed on Florida’s Sunbiz.org as an officer.  Payroll was paid on a weekly basis.   Even though the…

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