Articles Posted in Elder Law

Florida’s New Directed Trust Act: Executive Summary
Rarick Trusts & Wills Law, P.A.

Curve Balls to Watch for In New Florida Trust Director Law By Phillip B. Rarick, Miami Trust Attorney, and Hannah S. Rarick, J.D. Candidate Effective as of last year July 1, 2021, Florida is now 1 of 15 states to enact the Uniform Directed Trust Act (FUDTA), F.S. §§736.1401 to .1416, that allows a third…

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Beware of Florida Trust 6-Month Statute of Limitations
Rarick Trusts & Wills Law, P.A.

By Phillip B. Rarick, Miami Trust Attorney and Hannah S. Rarick, J.D. Candidate Florida’s short 6-month statute of limitations on a trust accounting can be a sand trap for the qualified beneficiary of a Florida trust. Here are some quick tips based upon our years of experience as Miami Trust attorneys. Statutory Language It is…

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Special 2020 Asset Protection Checklist
Rarick Trusts & Wills Law, P.A.

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 designed to protect your family…

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Stimulus Checks Update: How Much? When?
Rarick Trusts & Wills Law, P.A.

How Much? Here is an updated calculator from Turbotax: Stimulus Check Calculator When Will Checks Arrive? If you signed up for direct deposit on either your 2018 or 2019 tax return, the IRS reportedly will start issuing electronic deposits on April 9 and they should show up in your bank account by April 14. However,…

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Florida Treasure Hunt: Check It Now! Florida Unclaimed Property Law
Rarick Trusts & Wills Law, P.A.

By Phillip B. Rarick, Esq., Miami Asset Protection Attorney If you have never checked Florida’s website for lost accounts and abandoned property you should do so – immediately. You may be pleasantly surprised! You may think that it is not possible that you have any “unclaimed” property held by the State of Florida – and…

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Florida’s Sweeping Elective Share
Rarick Trusts & Wills Law, P.A.

By Phillip B. Rarick, Esq., Miami Probate Attorney Florida’s 30% elective share law was completely rewritten in 2001 because the old law could be easily circumvented by placing assets in a revocable trust or using non-probate transfers (e.g. life insurance, IRAs etc.) In an effort to curtail such tactics, the legislature overhauled the statute and…

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Seven Point Year End Checklist
Rarick Trusts & Wills Law, P.A.

By Phil Rarick, Miami Trust Attorney Hard to believe we are in mid-Fall and 2016 is coming to a close. Now may be a good time to sit down with a Miami trust attorney and review your estate plan. One of the biggest problems we see with individual estate plans is failure to keep the…

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Is Your Living Trust Up To Date?  10 Point Checklist For Amending Your Revocable Trust
Rarick Trusts & Wills Law, P.A.

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 trust attorney to amend your revocable trust. ______#1. Marriage/Divorce. Has there…

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Florida Successor Trustee Checklist
Rarick Trusts & Wills Law, P.A.

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 memorial service. Note: You are…

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