Florida Trust & Probate Attorneys Blog
Disabled Child Turning 18:
Legal Support for My Disabled Child
By Jacqueline R. Bowden Gold, Miami Estate Planning Attorney
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Florida Successor Trustee Checklist 2024
Florida Successor Trustee Checklist
By Phillip B. Rarick, Miami Trust Attorney
You are named the successor trustee and the trustmaker has just died. No doubt these are difficult times, but thankfully there are many resources to help. The following is a checklist of initial important tasks to help guide you after the funeral or memorial service.
12 Point Wealth Protection Checklist For 2024
12 Point Wealth Protection Checklist For 2024
By: Phil Rarick & Jacqueline Bowden Gold, Estate & Business Law Attorneys
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.
File Your 2024 Annual Report – But Watch For These 3 Scams
By Phillip B. Rarick, Esq., Miami Lakes and Weston Estate Planning Attorney
Its a New Year and time to file your 2024 Annual Report if you own a Florida LLC (limited liability company), corporation, or partnership. The deadline is May 1, 2024. The state will charge you a $400 late fee if you miss this deadline.
The official Florida web site is www.sunbiz.org. This site has “Consumer Notices” to alert you to bogus web sites that try to scam persons who file these reports.
BOI Reporting: The Corporate Transparency Act May Impact You
By Jacqueline Bowden Gold, Esq.
If you have a LLC, corporation or partnership this article summarizes critical information about the new Corporate Transparency Act (CTA), that took effect on January 1, 2024. The new law requires persons with such interests to file a report with the federal government and imposes significant penalties for failure to comply.
The CTA is designed to enhance transparency in the business world to combat money laundering, corruption, and other illicit financial activities. Unfortunately, by casting such a large net, it imposes burdensome reporting requirements on the small business owner and real estate investor. Here are the 5 key parts you need to know.
Asset Protection Checklist For Married Professionals
Asset Protection Checklist For Married Professionals
By Phil Rarick, Esq., and Jacqueline Bowden Gold, Esq., Miami Asset Protection Attorneys
If you have creditor threat, do you know what assets are easily exposed to creditors? Do you know what assets are already protected by Florida law? Take this three minute survey for a quick assessment.
Asset Protection Checklist For Single Professionals
Asset Protection Checklist For Single Professionals
By Phil Rarick, Esq. & Jacqueline Bowden Gold, Esq., Miami Asset Protection Attorneys
Florida has good laws to protect your business, real estate investments, and equity investments. Are you taking advantage of these laws? Take this three-minute survey for a quick assessment.
Florida’s New Directed Trust Act: Executive Summary
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.
Beware of Florida Trust 6-Month Statute of Limitations
By 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
Florida’s Unique Procedure For “Probating” Homestead Property
By: Jacqueline R. Bowden Gold
It is no surprise that Florida is different from the other 49 states. What is confusing to some probate attorneys outside the state is Florida’s unique Procedure for “Probating” Homestead Property. Pursuant to Florida Statute 733.607, protected Florida homestead property is not considered a probate asset, so why does it usually require a probate proceeding?
First, we must define what is homestead. Homestead is real property, of no more than 160 contiguous acres outside a municipality, or no more than one-half of an acre of contiguous land in a municipality, owned by a natural person, and the improvements on it. Art. X, §4(a), Fla. Const. In addition, to qualify for homestead it must be the decedent’s primary or permanent residence prior to death and the property must be owned by a natural person.