Close

Articles Posted in Probate

Updated:

5 Common Mistakes with Do It Yourself Florida Wills

By: Jacqueline R. Bowden, Weston Wills Attorney Do it yourself (or “DIY”) projects are becoming common in today’s highly technological age, especially when considering websites like Pinterest and Houzz. In most cases, including home projects, an individual may have several chances to complete a task correctly. Unfortunately, when it comes…

Updated:

Florida Personal Representative Checklist

By Phillip B. Rarick, Miami Probate Attorney You are named the personal representative (or executor in other states) and a loved one or family member has just died.   No doubt these are difficult times, but thankfully there are many resources for help.  The following is a checklist of initial important…

Updated:

Florida Probate or Trust Administration Document Checklist

____    1.         Minimum of 10 death certificates (these can usually be obtained through the funeral home) ____    2.         Original Will and all codicils (or amendments to the Will) Note:   If you have the original, either personally deliver to the attorney’s office or send via Federal Express or certified mail. ____    3.        …

Updated:

9 Critical Deadlines for Florida Probate

By: Phil Rarick, Weston Probate Attorney In our office we have numerous checklists, but one of the most important is the following checklist of nine critical deadlines for Florida probate actions: Deposit Original Will with court: Within 10 days of notice of death by whomever has custody of the Will.…

Updated:

10 Basic Legal Rights for Beneficiaries Under a Florida Will

If you are a beneficiary or interested person of a Florida Will, you have numerous legal rights protected by Florida law.  These laws are designed to keep you informed about the probate administration and make sure the decedent’s wishes as described in the Will are fulfilled. The person in charge…

Updated:

Securing Payment of Child Support with a Children’s Safe Harbor Trust

By: Phillip B. Rarick, Esq. Most divorce judgments call for one of the parties to obtain a life insurance policy to secure the payment of child support, alimony or some other financial obligation.  Let’s assume the obligation is solely child support:  a potential mistake is failure to secure payment of…

Updated:

Successor Trustee Duties

12 Point Summary of Florida Successor Trustee Duties Note: Trust administration requires strict compliance with the trust terms and often analysis of complex tax requirements. A trustee is a fiduciary and is held to a high standard of care under Florida law. If you are a successor trustee, we can…

Updated:

Beware of Creditor Harassment Upon Death of Your Spouse or Family Member

By Phillip B. Rarick, Esq. and Jacqueline R. Bowden, Esq. In Florida, when you die, your debts remain in your estate – and are not transferred to a surviving spouse or family member.  However, this simple legal concept does not stop some creditors from harassing the surviving spouse or a…

Updated:

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

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…

Updated:

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

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. B.        Law Summary Florida law allows the beneficiaries or heirs of a deceased person to transfer a motor vehicle title without…

Contact Us