Articles Posted in Trust Law

By Phillip B. Rarick, Esq. and Jacqueline R. Bowden, Esq. For same-sex couples living in Florida, now is the time to take full advantage of rights long delayed to make sure that your spouse or partner is cared for come rain or shine. Here is a checklist of some of the most important action items.…

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.

By Phillip B. Rarick, Miami Trust Attorney You have a valuable tax benefit from the IRS, but the deadline for taking advantage of this benefit is December 31. The IRS allows you to gift $14,000 per recipient each year tax free; if married, you can gift $28,000 per person. Example: If you are married and…

By Jacqueline R. Bowden, Esq. and Phillip B. Rarick, Esq. Same-sex marriage will likely be legal in Florida beginning January 6 as a result of a historic 7-2 ruling by the U.S. Supreme Court yesterday, December 19. This ruling, denying Attorney General Pam Bondi’s request to extend a stay preventing the state from recognizing the…

First, let’s hope you don’t need this. But, if you do, here is a checklist of key estate planning items that should be considered prior to filing a petition for dissolution of marriage: Note: This is a partial list of key items. Invariably there are other considerations. Consult your estate planning attorney. 1. Revise living…

Introduction Florida same-sex partners and same gender couples who were legally married in a state outside of Florida and have now moved to Florida should consider using a TBE (Tenants by Entireties) Delaware LLC to own Florida real estate or intangible property. Here is why. Strategy An important asset protection strategy available to married persons…

By Phillip B. Rarick, Miami Wealth Protection Attorney* ASSET PROTECTION CHECKLIST FOR THE FLORIDA SMALL BUSINESS OWNER

By Cristina M. Fernandez, Esq. A. The Question A common question we encounter is how to transfer the title of a motor vehicle upon the death of its owner. B. Law Summary Florida law allows the beneficiaries or heirs of a deceased person to transfer a motor vehicle title without the need of a formal…

By Phillip B. Rarick, Esq., Miami Trust Attorney A. Domicile vs. Residence “Domicile” and Residence are two different legal terms, but often confused. A person can have only one domicile, but any number of residences in different states. Domicile is your actual residence in the state joined with your intention to make that state your…