Articles Posted in Asset Protection

By Phil Rarick, Esq. The sole reason most trusts exist is to serve the needs of the beneficiaries. It is not an employment program for the trustee or any other person. Therefore, a core test for whether a trust is performing – and performing efficiently – is to examine whether the needs of the beneficiaries…

By Phil Rarick, Esq. Here is a simple fact: most small businesses cannot afford or even survive a major dispute between partners if the dispute ends up in court. Such disputes can doom the small business due to interruption of the company business, distract the principal partners from focusing on growth, and soak up all…

By: Phillip B. Rarick, Esq. Most divorce judgments call for one of the parties to obtain a life insurance policy for securing 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 the policy premiums by use…

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 be spent exactly as…

By Phillip B. Rarick, Esq., Weston Asset Protection Attorney The Checklist Manifesto by Atul Gawande is a current, hot selling book written by a physician and advising how to get things right by implementing commonsense systems. In today’s modern medicine, coupled with our information age, where virtually every procedure can be scrutinized by an “expert”…

By Phillip B. Rarick, Esq.* Action Item Done 1. No weak links. Each physician in group has personal creditor protection plan. The goal is to have no exposed assets for plaintiff malpractice attorney to attack forcing plaintiff to settle within insurance policy limits. See points 2-5 below.   2. Each physician has domestic or off-shore…

By Phillip B. Rarick, Esq.* Action Item Done 1. No weak links. Each physician in group has personal creditor protection plan. The goal is to have no exposed assets for plaintiff malpractice attorney to attack forcing plaintiff to settle within insurance policy limits. See points 2-5 below.   2. Each physician has domestic or off-shore…

By Phillip B. Rarick, Miami Asset Protection Attorney* Action Item Done Homestead is under ½ acre if in municipality; if not in municipality then under 160 acres Note: Consider leaving mortgage on property – even if not necessary – as excellent asset protection option. The mortgage can be paid down to avoid creditor attack.  …

By Phillip B. Rarick, Miami Asset Protection Attorney Florida’s new LLC statute that became effective this past January 1, 2015 made fundamental changes in the state’s limited liability company laws. These changes are so basic that we recommend that you should have a Miami asset protection attorney review all LLC’s created prior to 2015. A…

Note: Keep In Your Car Glove Compartment in Case You are in an Auto Accident DO NOT allow your driver’s license to be photographed: Protect your identity. Note: Print checklist and place in the glove compartment of all cars in case you are in an auto accident.