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Articles Posted in miami will attorney

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Asset Protection Checklist For Married Professionals

By Phil Rarick,  Esq., and Jacqueline Bowden Gold, Esq., Miami Asset Protection Attorneys If you have creditor threat, do you know what assets are easily exposed to creditors?   Do you know what assets are already protected by Florida law? Take this three minute survey for a quick assessment. Your family…

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Special 2020 Asset Protection Checklist

by: Phillip B. Rarick, Esq. The Covid-19 Pandemic has changed the world as we know it and presented daunting challenges we have not encountered in our life time. It requires a total review of your estate plan and business entities to assure you are taking full advantage of Florida laws…

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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…

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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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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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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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SETTLEMENT CLAIMS FOR FLORIDA MINOR CHILDREN: WHEN IS COURT APPROVAL REQUIRED?

By: Phillip B. Rarick, Miami Probate Attorney Executive Summary Failure to obtain court approval under Florida guardianship law of a pre-suit structured settlement exceeding $15,000 on behalf of a Florida minor child could result in the settlement being disaffirmed by the minor on reaching majority or within a reasonable time…

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Document Checklist For Ancillary Florida Testate Probate

By Phillip B. Rarick Esq., Miami Probate Attorney The following documents are usually needed to open a testate Florida ancillary probate: Court-authenticated copy of: 1.         Decedent’s last will 2.         Petition for Probate 3.         Order admitting the will to probate 4.         Letters of administration Other documents: 5.         Two Certified Death Certificates…

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POWERS AND DUTIES OF THE FLORIDA PERSONAL REPRESENTATIVE (OR EXECUTOR)

By Phillip B. Rarick, Miami Probate Attorney Executive Summary: The following is a memorandum our firm gives to the person named as Personal Representative (in other states this role is referred to as the “Executor”) in the decedent’s will, or who is entitled to be Personal Representative  under Florida law.  …

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