Articles Posted in Elder Law

By Jacqueline R. Bowden Gold, Miami Estate Planning Attorney

Many people are concerned about their family avoiding probate upon their passing, but how can you avoid guardianship proceedings? As people age, the risk of cognitive decline and physical disabilities can sometimes necessitate guardianship, where a court appoints someone to make decisions on behalf of the elder. However, guardianship can be restrictive and often perceived as a loss of autonomy. Fortunately, there are several ways to avoid guardianship and ensure that you or your elder family members retain control over their lives and decisions for as long as possible. These measures are not only essential for maintaining independence but also crucial for avoiding guardianship proceedings and reducing associated costs. Here are some effective strategies:

Avoid Guardianship for Elder

  1. Durable Power of Attorney (DPOA)

12 Point Wealth Protection Checklist For 2024

By: Phil Rarick & Jacqueline Bowden Gold, Estate & Business Law Attorneys

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Note:    Rarick & Bowden Gold’s mission is helping all families protect their hard-earned wealth regardless of size – we provide basic estate planning for families with modest savings and advanced planning for those with substantial wealth.

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 party other than the Trustee to take over some part of the trust administration – such as supervision of a small family business. This third party is called a Trust Director (or directing Trustee) in the new statute; but is also commonly referred to as a Trust Advisor under prior law or Trust Protector in other jurisdictions.

https://www.rblawfl.com/blog/wp-content/uploads/2022/08/MIAMI-SKYLINE-SUNSET.2-250x300.jpgBy 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

By Phil Rarick, Esq. and Jacqueline Bowden Gold, Esq.,  Miami Lakes and Weston Estate Planning Attorneys,with special thanks for comments  by Rick Stockton, Esq. of Holland & Knight, a primary author of the Lawgic Florida Wills and Trust program.

Editor’s Note:  The following is a public service Alert from Rarick & Bowden Gold, P.A.  This firm does not offer  or recommend Remote Online Notarization Service providers.

As previously reported, Florida’s new Remote Online Notarization law became effective January 1st of this year for all documents except for wills, trusts and other testamentary instruments, that becomes effective July 1. See Florida’s Remote Online Notarization Begins January 1.

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 and business.

The hard new reality: What plan was best for you prior to 2020 may not be what is best for you today

By: Jacqueline R. Bowden Gold, Miami Lakes and Weston Estate Planning Attorney

Don’t make the mistake of drafting your own Will and estate plan to save money. With general forms available and online companies that claim to walk you through the “easy” drafting process, it is common to fall prey to their low-priced services. As a Florida Probate and Medicaid Planning attorney, I see the harmful after- effects of “do it yourself” wills:  high legal fees to clean up ambiguities and sometimes open warfare among the family because of lack of clarity regarding the decedent’s true wishes.

For other common mistakes not discussed in this article read:  5 Common Mistakes with Do It Yourself Florida Wills.

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 you could be wrong.

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