Articles Posted in Trust Law

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…

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 into two broad categories for…

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…

____ 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. Originals of all trusts…

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 Summary of Florida Trustee Duties.…

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…

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 your estate plan is your…

By Phillip B. Rarick, Miami Trust Attorney A Living Will is not a will and it is not a living trust. It is simply detailed, legally binding instructions to your physician that you do not want to be maintained in a persistent vegetative state if there is zero possibility of recovery. The term “living will”…

Special Note

The information on this blog is of a general nature and is not intended to answer any individual’s legal questions. Do not rely on information presented herein to address your individual legal concerns. If you have a legal question about your individual facts and circumstances, you should consult an experienced Miami trust attorney. Your receipt of information from this website or blog does not create an attorney-client relationship and the legal privileges inherent therein.