Florida Trust & Probate Attorneys Blog

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…

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…

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…

By Phil Rarick, Weston Estate Planning Attorney This report is a reminder that the FBAR or Report of Foreign Bank and Financial Account is due June 30. The FBAR is required for U.S. persons having a financial interest or signature authority over one or more foreign financial accounts, including a bank account, brokerage account, mutual…

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: A non-resident of Florida can serve as Personal Representative for a Florida probate estate only if related by lineal blood or legal…

By Phil Rarick, Weston Business Attorney Here is a Big Red Flag: bundling multiple investment properties in the same LLC. This is a mistake we are seeing more and more often: a real estate investor has six condo rental homes; all rental homes are owned by the same LLC. This investor has essentially defeated the…

Note: Your revocable living trust is designed to be as dynamic as your family. It serves as the master set of instructions to care for you and your family. Therefore, when there are big changes in your family, you may need an experienced Miami trust attorney to amend your revocable trust. ______#1. Marriage/Divorce. Has there…

Phillip B. Rarick, Esq., Miami Trust Attorney Florida law requires that a trust must keep the qualified beneficiaries of a trust “reasonably informed of the trust and its administration.” F.S. 736.0813. A “qualified beneficiary” is a current beneficiary, intermediate beneficiary, or first-line remainder beneficiary. F.S. 736.0103(16). These information rights fall into two broad categories for…

By Phillip B. Rarick, Esq. and Jay R. Beskin, Esq. 2016 Federal Estate Tax Exemption: $5.45 Million For 2016 the federal estate and gift tax exemption is now $5.45 million – up from $5.43 million in 2015. This means a single U.S. citizen can leave $5.45 million to their family members and friends and pay…

By: Jacqueline R. Bowden, Weston Wills Attorney Do it yourself (or “DIY”) projects are becoming common in today’s highly technological age, especially when considering websites like Pinterest and Houzz. In most cases, including home projects, an individual may have several chances to complete a task correctly. Unfortunately, when it comes to drafting a Will, the…