Probate

12 Point Wealth Protection Checklist For 2022

Published on: June 7, 2022 | by Rarick & Beskin

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

Note: Rarick, Beskin & Bowden Gold is dedicated to helping 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.

_____1. Wealth Protection. Do you have any rental real estate that is in your individual name or an S corporation? Do you have a single member LLC? This is low hanging fruit for any potential creditor, and likely needs to be protected by placing the property in a multi-member LLC. Do you know which assets you own that are protected and which are exposed? If not, we can help analyze this important issue. Schedule a Wealth Protection consultation by calling Christy at (305) 556-5209.

Contract Review: Does Covid-19 Excuse Performance?

Published on: April 21, 2020 | by Rarick & Beskin

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.

Special 2020 Asset Protection Checklist

Published on: April 20, 2020 | by Rarick & Beskin

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 & Beskin

Select link below to view PDF

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

Stimulus Checks Update: How Much? When?

Published on: April 16, 2020 | by Rarick & Beskin

How Much?

Here is an updated calculator from Turbotax: Stimulus Check Calculator

When Will Checks Arrive?

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

Published on: December 21, 2019 | by Rarick & Beskin

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.

Three Common Problems We See With Non-Florida Wills

Published on: January 8, 2019 | by Rarick & Beskin

By: Jacqueline R. Bowden Gold

Our office handles probate estates for many out of state residents through our Florida Counsel services. In handling the estates there are three common problems we see with Non-Florida Wills that can easily be avoided by consulting with a Miami Estate Planning attorney. If you have a non-Florida resident who owns Florida real estate an ancillary administration may be required upon their passing. You should consider these problems when drafting their Will:

Naming an out of State Attorney as Personal Representative or Executor.

Florida’s Sweeping Elective Share

Published on: October 6, 2018 | by Rarick & Beskin

By Phillip B. Rarick, Esq., Miami Probate Attorney

Florida’s 30% elective share law was completely rewritten in 2001 because the old law could be easily circumvented by placing assets in a revocable trust or using non-probate transfers (e.g. life insurance, IRAs etc.) In an effort to curtail such tactics, the legislature overhauled the statute and broadened the share. The result is an expansive elective share that sweeps into the decedent’s “elective estate” many non-probate assets. See F.S. §732.201 —§732.2155.

What Is Included? Florida’s elective share statute retains the 30% share under prior law, but introduces the concept of the “elective estate” (sometimes referred to as “augmented estate”) that consists of the following property interests under F.S. §732.2035:

FLORIDA COUNSEL NOTICE: FLORIDA DEEDS

Published on: November 16, 2016 | by Rarick & Beskin

By Phillip B. Rarick, Miami Trust Attorney

Although the main focus of our Florida Counsel Services is probate, trust, and corporate law, we can assist your office if you need deeds to a trust or other entity.

If you wish to use our deed services, click FLORIDA DEED INTAKE FORM. Please complete this form with all relevant information and email it to cmedina@raricklaw.com.

When Can A Non-Resident Of Florida Serve As The Personal Representative For A Probate Estate?

Published on: May 5, 2016 | by Rarick & Beskin

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: