Estate Planning

Contract Review: Does Covid-19 Excuse Performance?

Published on: April 21, 2020 | by Rarick & Bowden Gold

by: Phillip B. Rarick, Esq.

We have been helping small business owners survive and thrive – in good times and bad – for over 25 years. Here is how we may be able to help you in this current challenging business environment.

1. Contract Review and Force Majeure. A Force Majeure clause is a standard clause in many contracts. If you have a contract you are trying to get out of – or the reverse – if you have a person trying to nullify performance under your existing contract the interpretation of the “Force Majeure” clause will be a determining factor.

The Paycheck Protection Fund Is Dry – But Don’t Give Up!

Published on: April 20, 2020 | by Rarick & Bowden Gold

by: Phillip B. Rarick, Esq.

Here is the good news/bad news I received from my bank today regarding my Paycheck Protection Program (PPP) Application: The good news: your application has been approved; the bad: the SBA is out of money and you must wait for Congress to refund the program!

Although I have heard of a few small businesses that have received funding I am guessing that most persons reading this letter have encountered similar frustrations. Note: if you have received funding, please so reply.

Special 2020 Asset Protection Checklist

Published on: April 20, 2020 | by Rarick & Bowden Gold

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

Durable Power of Attorney from Don Lewis to Carole Baskin

Published on: April 17, 2020 | by Rarick & Bowden Gold

Select link below to view PDF

DURABLE POWER OF ATTORNEY FROM DON LEWIS TO CAROLE BASKIN dated November 21, 1996

5 Quick Tips On Maxing Out Loan Forgiveness

Published on: April 17, 2020 | by Rarick & Bowden Gold

by: attorney Phillip B. Rarick

You can always count on the Americans to do the right thing – after they’ve tried everything else. – Winston Churchill.

Millions of small business owners and self-employed have filed for loans under the Paycheck Protection Program because part or all of the loan can be forgiven if you retain your employees and maintain their salary levels.

Stimulus Checks Update: How Much? When?

Published on: April 16, 2020 | by Rarick & Bowden Gold

How Much?

Here is an updated calculator from Turbotax: Stimulus Check Calculator

When Will Checks Arrive?

Unable to Fulfill Your Contractual Obligations Due to Covid-19?

Published on: April 16, 2020 | by Rarick & Bowden Gold

By: Jacqueline R. Bowden Gold, Esq. and Phil Rarick, Esq.

The Coronavirus has left the US economy in a stand still. It has forced businesses to shut down and events to be cancelled or postponed across the nation – creating significant anxiety for small business owners. During these times, many businesses are unable to or fear they will become unable to fulfill their contractual obligations.

Here is a term you’ve probably heard before but never paid much attention to: Force Majeure. If you are unable to fulfill your contractual obligations or are worried that the obligor (the person who has a duty to perform) under an existing contract will not perform, Force Majeure is an important provision to look for in your contract.

14 Point Estate and Asset Protection Plan Checklist for An Unprecedented Year: 2020

Published on: April 2, 2020 | by Rarick & Bowden Gold

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

______#1. Coronavirus Check Calculator. Here is a simple, handy calculator describing who qualifies for the federal pandemic legislation checks and determines the amount of the check. Click here: Coronavirus Checks Calculator

When Will Checks Arrive? Secretary Mnuchin said that direct deposits will start going out April 17 followed by checks in the mail. It is not clear how long it will take the Treasury Department to get these checks out by mail – some experts caution it could take weeks or months.

READ THIS BEFORE DRAFTING YOUR OWN WILL

Published on: March 25, 2020 | by Rarick & Bowden Gold

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.

Florida Treasure Hunt: Check It Now! Florida Unclaimed Property Law

Published on: December 21, 2019 | by Rarick & Bowden Gold

By Phillip B. Rarick, Esq., Miami Asset Protection Attorney

If you have never checked Florida’s web site 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.