Articles Posted in Trust Law

By Phillip B. Rarick, Esq., Miami Trust Attorney State laws provide numerous legal opportunities for protecting your family’s hard earned wealth. See my recent article: Asset Protection for the Small Business Owner: 7 Key Strategies. An important domestic strategy is a Domestic Asset Protection Trust or DAPT. Because of the ever more stringent IRS reporting…

By Phil Rarick, Weston Estate Planning Attorney This report is a reminder that the FBAR or Report of Foreign Bank and Financial Account is due June 30. The FBAR is required for U.S. persons having a financial interest or signature authority over one or more foreign financial accounts, including a bank account, brokerage account, mutual…

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…