Florida Trust & Probate Attorneys Blog

By: Jacqueline R. Bowden, Miramar Estate Planning Attorney As of October 1, 2015, Florida’s Healthcare Designation laws, provided under Chapter 765 of Florida Statutes, have changed providing more flexibility for the person appointing the surrogate, formerly known as the “principal.” Three Options. Currently, for a healthcare surrogate to make medical decisions, the attending physician must…

By Phillip B. Rarick, Miami Probate Attorney You are named the personal representative (or executor in other states) and a loved one or family member has just died. No doubt these are difficult times, but thankfully there are many resources for help. The following is a checklist of initial important tasks to help guide you…

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. Note: You are…

____ 1. Minimum of 10 death certificates (these can usually be obtained through the funeral home) ____ 2. Original Will and all codicils (or amendments to the Will) Note: If you have the original, either personally deliver to the attorney’s office or send via Federal Express or certified mail. ____ 3. Originals of all trusts…

By: Phil Rarick, Weston Probate Attorney In our office we have numerous checklists, but one of the most important is the following checklist of nine critical deadlines for Florida probate actions: Deposit Original Will with court: Within 10 days of notice of death by whomever has custody of the Will. F.S. 732.901. Challenging Validity of…

By Phil Rarick, Esq. The sole reason most trusts exist is to serve the needs of the beneficiaries. It is not an employment program for the trustee or any other person. Therefore, a core test for whether a trust is performing – and performing efficiently – is to examine whether the needs of the beneficiaries…

If you are a beneficiary or interested person of a Florida Will, you have numerous legal rights protected by Florida law. These laws are designed to keep you informed about the probate administration and make sure the decedent’s wishes as described in the Will are fulfilled. The person in charge of making sure the property…

Know your rights. If you are a qualified beneficiary of a Florida trust you have important legal rights protected by Florida law. The trustee of an irrevocable trust in Florida is a fiduciary with numerous responsibilities that run like a laser beam to the qualified beneficiaries. See our 12 Point Summary of Florida Trustee Duties.…

By Phil Rarick, Esq. Here is a simple fact: most small businesses cannot afford or even survive a major dispute between partners if the dispute ends up in court. Such disputes can doom the small business due to interruption of the company business, distract the principal partners from focusing on growth, and soak up all…

By: Phillip B. Rarick, Esq. Most divorce judgments call for one of the parties to obtain a life insurance policy for securing the payment of child support, alimony or some other financial obligation. Let’s assume the obligation is solely child support: a potential mistake is failure to secure payment of the policy premiums by use…