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Articles Posted in miami probate lawyer

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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.        …

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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…

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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…

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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…

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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…

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Estate Planning For Florida Same Sex Partners or Spouses: What You Should Know About TBE Delaware LLC’s

Introduction Florida same-sex partners and same gender couples who were legally married in a state outside of Florida and have now moved to Florida should consider using a TBE (Tenants by Entireties) Delaware LLC to own Florida real estate or intangible property. Here is why. Strategy An important asset protection…

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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…

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FLORIDA DOMICILE CHECKLIST

By Phillip B. Rarick, Esq., Miami Trust Attorney A.  Domicile  vs. Residence “Domicile” and Residence are two different legal terms, but often confused.  A person can have only one domicile, but any number of residences in different states. Domicile is your actual residence in the state joined with your intention…

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Pet Trusts: Have You Forgotten Your Pet(s)? Your Very Loyal Pet?

By Phillip B. Rarick, Miami Trust Attorney Who is the first to greet you when you come home?  For me, it used to be my young daughters or son.  But now that my youngest daughter is a teenager (and too cool for such shows of affection) those days are past. …

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Three Smart Legal Points To Know if You Own a Boat – or Jet Skies

 By Phillip B. Rarick, Miami Asset Protection Attorney The saddest and most tragic call I have ever received as a lawyer came when a parent called and said her teenage son, while operating a jet ski, had run over a young girl who happened to be about the age of…

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