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Articles Posted in miami trust attorney

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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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7 Point Legal Checklist for Same Sex Couples:  Critical Action Items To Review Now

By Phillip B. Rarick, Esq. and Jacqueline R. Bowden, Esq. For same-sex couples living in Florida, now is the time to take full advantage of rights long delayed to make sure that your spouse or partner is cared for come rain or shine.  Here is a checklist of some of…

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What Is A Living Will (It is Not a Will)

By Phillip B. Rarick, Miami Trust Attorney A Living Will is not a will and it is not a living trust.  It is simply detailed, legally binding instructions to your physician that you do not want to be maintained in a persistent vegetative state if there is zero possibility of…

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What Is A Living Trust- And What Are the Benefits?

Within the past 10 years, the Living Trust has replaced the Will as the best way to care for you and your loved ones because it can avoid the fees, cost, and stress of court intervention in the event of mental incapacity or death.  Properly funded, a living trust can…

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Deadline for Annual Gifting is December 31; Consider Gifting Trust

By Phillip B. Rarick, Miami Trust Attorney You have a valuable tax benefit from the IRS, but the deadline for taking advantage of this benefit is December 31.   The IRS allows you to gift $14,000 per recipient each year tax free; if married, you can gift $28,000 per person. Example: …

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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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7 Point Checklist for Pre-Divorce Planning

First, let’s hope you don’t need this.  But, if you do, here is a checklist of key estate planning items that should be considered prior to filing a petition for dissolution of marriage: Note: This is a partial list of key items.  Invariably there are other considerations.  Consult your estate…

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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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Asset Protection Checklist For The Florida Small Business Owner

By Phillip B. Rarick, Miami Wealth Protection Attorney* ASSET PROTECTION CHECKLIST FOR THE FLORIDA SMALL BUSINESS OWNER

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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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