Probate

FLORIDA DOMICILE CHECKLIST

Published on: May 13, 2014 | by Rarick & Bowden Gold

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 permanent home. In order to establish a new domicile, you must first abandon your old “domicile”, but not necessarily your old “residence.” The Florida test is both a subjective and objective test. The following checklist is a list of important objective criteria.

Pet Trusts: Have You Forgotten Your Pet(s)? Your Very Loyal Pet?

Published on: March 16, 2014 | by Rarick & Bowden Gold

By Phillip B. Rarick, Miami Trust Attorney

Who is the first to greet you when you come home? For me, it used to be my young daughters or son. But now that my youngest daughter is a teenager (and too cool for such shows of affection) those days are past. So now the first to greet me is Toby, our loyal Yorkie.

If you have a loyal pet like this, of course you do not want to forget him or her if you can no longer care for your pet. You have detailed instructions in your trust or will to take care of your loved ones – but have you forgotten your pets?

What’s Wrong With This Picture? NY Attorney Names Himself As Personal Representative For A Florida Resident

Published on: February 15, 2014 | by Rarick & Bowden Gold

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

We have written about this issue in the past, but it is one that keeps popping up. Here are the relevant facts. Note: I have changed some facts to avoid disclosure of private information.

Recently, we reviewed a New York will where the drafting attorney named himself and his client’s CPA as Personal Representative for the estate. Neither the attorney nor the CPA were blood related to the client and neither were residents of Florida.

Bad Advice You Hear All The Time

Published on: February 9, 2014 | by Rarick & Bowden Gold

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

Quote: There are three things that are real – God, human folly and laughter. The first two are beyond our comprehension. So we must do what we can with the third. – John F. Kennedy

Here are five bad items of advice – that you hear all the time from otherwise smart persons:

Allocation Of Wrongful Death Proceeds In Florida Probate

Published on: October 30, 2013 | by Rarick & Bowden Gold

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

I. Determining Survivors

The personal representative has a duty to bring an action for the wrongful death of the decedent. F.S. 768.20. The Act provides for damages for the estate and “survivors”. Survivors include the surviving spouse, “minor children” under 25 years of age, and in some instances parents.

A Tribute To The Greatest Generation

Published on: October 28, 2013 | by Rarick & Bowden Gold

By Phillip B. Rarick

This summer my family had the opportunity to travel to France. It was a busy trip, and we saw many spectacular works of art and architecture by past generations of artists.

The most special trip was our visit Normandy, where a generation of Americans representing the diversity of this country, challenged and beat back one of the darkest forces ever assembled in human history. Here are a few pictures from this trip.

Asset Protection in Florida: Practical Tips for Small Business Owners

Published on: October 9, 2013 | by Rarick & Bowden Gold

By Phillip B. Rarick, Miami Asset Protection Attorney

On occasion, I am invited to speak to small business groups regarding tips on how best to protect your business and investments from rogue lawsuits – or any lawsuit.

Those who have heard my presentation know about the basketball that I bring to each presentation. I coached youth basketball for many years, and one of the first points we drilled was protecting the “rock” or the ball. To win games, you better first protect the rock.

What Is The Statute Of Limitations For Claims Against A Florida Probate Estate Or Trust?

Published on: September 7, 2013 | by Rarick & Bowden Gold

By: Ruzy Behnejad and Phillip B. Rarick, J.D.

Executive Summary

In Florida, creditors have a two year statute of limitations period to file claims against the estate or trust of a decedent. However, upon opening a probate estate, a Personal Representative (“PR”) or Executor, can take action to shorten this claim window. First, the PR can serve all reasonably ascertainable creditors with Formal Notice and the creditor will then have only 30 days to file a claim. Second, the PR can reduce the claim period window to 90 days by publishing a Notice To Creditors.

SETTLEMENT CLAIMS FOR FLORIDA MINOR CHILDREN: WHEN IS COURT APPROVAL REQUIRED?

Published on: July 27, 2013 | by Rarick & Bowden Gold

By: Phillip B. Rarick, Miami Probate Attorney

Executive Summary

Failure to obtain court approval under Florida guardianship law of a pre-suit structured settlement exceeding $15,000 on behalf of a Florida minor child could result in the settlement being disaffirmed by the minor on reaching majority or within a reasonable time thereafter. See F.S. 744.387(3)(a)

Document Checklist For Ancillary Florida Testate Probate

Published on: July 20, 2013 | by Rarick & Bowden Gold

By Phillip B. Rarick Esq., Miami Probate Attorney

The following documents are usually needed to open a testate Florida ancillary probate:

Court-authenticated copy of: