Florida Trust & Probate Attorneys Blog

Does A Trust Need to Be Recorded, Filed or Registered in Florida?

Published on: October 18, 2017 | by Rarick & Bowden Gold

Does A Trust Need to Be Recorded, Filed or Registered in Florida?

One of the most common questions I get as a Weston estate planning attorney is, do I need to record my living trust? Some persons believe that a trust needs to be publicly recorded like a corporation or a deed. This is generally wrong; not only is recording not required or needed for most trusts, in most cases recording would negate one of the chief benefits of a trust: confidentiality. Let’s look at more specific questions.

Does a Living Revocable Trust Need To Be Recorded During the Life of the Trustmaker?

EXPLORING IMMIGRATION OPTIONS

Published on: October 11, 2017 | by Rarick & Bowden Gold

Exploring Immigration Options: The Best Visas for Investors, Executives & Skilled Workers

by: Elizabeth Blandon, Board-Certified Immigration Attorney

For investors, business executives and skilled workers, there are several excellent immigration programs available that can help you to live and work in the United States –in most cases you will also be able to bring your immediate family members.

Four Problems With “Simple Wills” In Florida

Published on: October 6, 2017 | by Rarick & Bowden Gold

By: Phil Rarick, Estate Planning Attorney

Many persons are tempted to have a “Simple Will” in which they want everything they own at death to go outright first to their spouse, and if the spouse does not survive then to their children in equal shares. Rather than take the time to consult with a Weston estate planning attorney, many persons are tempted to write the Will themselves, using will forms they see advertised on TV. Read more: 5 Common Mistakes With Florida Do-It-Yourself Wills

In our practice we have seen many so-called “Simple Wills”. Most have big problems that end up costing the family much more fees and causing more stress than if the person had the Will drafted by an experienced Weston estate planning attorney. Here are just four big problems, but there are many more:

7 Smart Tips For Hurricane Irma Insurance Claims – And 5 Traps

Published on: September 12, 2017 | by Rarick & Bowden Gold

By Phil Rarick, J.D.

7 TIPS

1. Before You Clean Up Document Your Losses

Informática de Fideicomisos y Testamentos para Abogados de la Florida

Published on: June 1, 2017 | by Rarick & Bowden Gold

FIDEICOMISOS-300x200

Informática de Fideicomisos y Testamentos para Abogados de la Florida

REFERENCIA DE LEGALIZACÓN DE LA FLORIDA

Por Phillip B. Rarick, Esq., Abogado de Legalización de Miami

The Problem With A Florida Professional Association

Published on: May 3, 2017 | by Rarick & Bowden Gold

Big Question: Can your practice survive if you suddenly die or become incapacitated?

Royal-Flush-florida-professional-association-post-300x215 Recently, a highly respected physician suddenly died owning 100% of his practice in a Professional Association. No other person was listed on Florida’s Sunbiz.org as an officer. Payroll was paid on a weekly basis. Even though the Professional Association had been assigned to the doctor’s living trust, the bank (a large Florida bank) refused to give the successor trustee access to the Professional Association’s bank accounts citing F.S. 621.06, 621.09 and 621.11.

The statutes cited limit ownership of a P.A. to a licensed professional. We contend the Bank’s interpretation is overly narrow because no court has held that transfer of any interest to a living revocable trust is a transfer of beneficial interest. A living revocable trust is essentially the settlor. Although we believe the bank’s interpretation of these statutes is wrong it is not worth fighting the bank. The bank holds all the valuable cards: the King, the Ace and of course all the money.

Three Big Threats To Your Children Over 18 – And How To Protect Them

Published on: February 20, 2017 | by Rarick & Bowden Gold

Three Big Threats To Your Children Over 18 –

And How To Protect Them

By Phil Rarick, Weston Estate Planning Attorney

Seven Point Year End Checklist

Published on: November 17, 2016 | by Rarick & Bowden Gold

By Phil Rarick, Miami Trust Attorney

Hard to believe we are in mid-Fall and 2016 is coming to a close. Now may be a good time to sit down with a Miami trust attorney and review your estate plan. One of the biggest problems we see with individual estate plans is failure to keep the plan updated to ensure that it continues to meet the changing needs of your dynamic family. Here is a short checklist:

Marriage/Divorce.Has there been a marriage, divorce, or separation of anyone named in your will or trust – such as your adult children or grandchildren? Most persons want to ensure that their hard earned money goes to their children – or grandchildren – not to any spouses.

FLORIDA COUNSEL NOTICE: FLORIDA DEEDS

Published on: November 16, 2016 | by Rarick & Bowden Gold

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.

5 Reasons Nevada Is Best State For Asset Protection Trust

Published on: June 12, 2016 | by Rarick & Bowden Gold

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

State laws provide numerous legal opportunities for protecting your family’s hard earned wealth. See my recent article: Asset Protection for the Small Business Owner: 7 Key Strategies.

An important domestic strategy is a Domestic Asset Protection Trust or DAPT. Because of the ever more stringent IRS reporting requirements for off-shore entities, DAPT’s are becoming a popular asset protection tool. See Hybrid Asset Protection Trust