Articles Posted in Probate

Keeping Peace in The Family: 5 Common Pitfalls
Rarick Trusts & Wills Law, P.A.

Keeping Peace in The Family: 5 Common Pitfalls By Attorney Phil Rarick, Weston Estate Planning Attorney As an estate planning attorney, I sometimes witness stressful family fights that break out upon the death of a father or mother or husband and wife. On some occasions, it’s outright family warfare! What is painful is that the…

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Florida Successor Trustee Checklist 2024
Rarick Trusts & Wills Law, P.A.

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 memorial…

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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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FLORIDA COUNSEL NOTICE: FLORIDA DEEDS
Rarick Trusts & Wills Law, P.A.

By Phillip B. Rarick, Miami Trust Attorney Although the main focus of our Florida Counsel Services is probate, trust, and corporate law, we can assist your office if you need deeds to a trust or other entity. If you wish to use our deed services, click FLORIDA DEED INTAKE FORM. Please complete this form with…

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When Can A Non-Resident Of Florida Serve As The Personal Representative For A Probate Estate?
Rarick Trusts & Wills Law, P.A.

By Phillip B. Rarick, J.D, Miami Probate Attorney Note: Special thanks to Illinois attorney John E. Fish for the following question, which is one of the most frequent questions we receive. Executive Summary: A non-resident of Florida can serve as Personal Representative for a Florida probate estate only if related by lineal blood or legal…

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Florida Personal Representative Checklist
Rarick Trusts & Wills Law, P.A.

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 tasks to help guide you…

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