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Articles Posted in miami trust lawyer

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Is Your Living Trust Up To Date?  10 Point Checklist For Amending Your Revocable Trust

Checklist for Amending your revocable trust Note: Your revocable living trust is designed to be as dynamic as your family.  It serves as the master set of instructions to care for you and your family.  Therefore, when there are big changes in your family, you may need an experienced Miami…

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5 Key Rights of a Florida Trust Beneficiary

Phillip B. Rarick, Esq., Miami Trust Attorney Florida law requires that a trust must keep the qualified beneficiaries of a trust “reasonably informed of the trust and its administration.” F.S. 736.0813.  A “qualified beneficiary” is a current beneficiary, intermediate beneficiary, or first-line remainder beneficiary. F.S. 736.0103(16).  These information rights fall…

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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…

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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 Important Legal Rights for “Qualified Beneficiaries” under a Florida Trust

Know your rights.  If you are a qualified beneficiary of a Florida trust you have important legal rights protected by Florida law. The trustee of an irrevocable trust in Florida is a fiduciary with numerous responsibilities that run like a laser beam to the qualified beneficiaries.  See our 12 Point…

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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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Florida Trust Services For Family Law Attorneys

By Phil Rarick, Esq., Miami Trust Attorney Family law attorneys are increasingly using trusts to secure and safeguard the payment of financial obligations in their marital settlement agreements.  Such trusts can provide the following key benefits: Security that payments will be made in a timely fashion Assurance that the monies will…

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Consider Non-Family Member as Successor Trustee

One of the most important decisions a baseball manager must make is his batting order – it can mean the difference between a win or loss.  (We will not digress to the Marlin’s management decisions – although this is tempting.) One of the most important decisions you can make for…

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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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