Florida Trust & Probate Attorneys Blog
By Phil Rarick, Esq. & Jacqueline Bowden Gold, Esq., Miami Asset Protection Attorneys
The Covid-19 Pandemic has changed the world as we know it and presented daunting challenges we have not encountered in our life-times. It requires a total review of your estate plan and business entities by an experienced Miami asset protection attorney to assure you are taking full advantage of Florida laws designed to protect your assets from creditors.
Take this three minute survey for a quick assessment – it may be the most valuable survey you take this year!
1. Is your Florida homestead titled only in your name?
Note: Florida homestead is one of the best protected assets in the U.S.A. However, if not properly titled, then homestead protection could be jeopardized. We review homestead deeds at no cost for our clients.
Yes No N/A Don’t know
2. Do you have a post 2012 Florida Durable Power of Attorney that designates a person you trust unconditionally to make financial decisions for you if you are unable to do so because of mental incapacity?
Note: Every person over 18 should have a strong Florida Specific Durable Power of Attorney that is up-to-date. If you are a parent, this includes your adult children.
Yes No N/A Don’t know
3. If you have a corporation or P.A. (Professional Association) are (a) your corporate records up-to-date; (b) stock certificates accurately reflect your ownership; and (c) stock certificates conform to your IRS income tax returns?
Yes No N/A Don’t know
4. Do each of your LLC’s have an Anti-Olmstead Operating Agreement updated since 2012?
Note: Florida LLC law changed substantially in 2012 due to the very significant Olmstead decision. If there is a threat of insolvency your LLC may need special provisions to secure favorable tax treatment.
Yes No N/A Don’t know
5. If you have LLC’s, does your Operating Agreement state that there are 2 or more members?
Note: A single member Florida LLC offers you virtually no protection.
Yes No N/A Don’t know
6. Are your rental properties and vacation home titled in a multi-member LLC?
Note: If not, these properties are “low hanging fruit” and exposed to creditors.
Yes No N/A Don’t know
7. If you have equities and bonds that are not IRA’s, 401k’s, or otherwise qualified, do you have an Multi-Layered Asset Protection Strategy to protect these investments?
Yes No N/A Don’t know
8. Are you confident you have not named a minor child (under age 18) as beneficiary or owner of any bank account, life insurance, or annuity?
Note: Never name a minor the beneficiary of anything as this could trigger guardianship proceedings upon your death.
Yes No N/A Don’t know
9. If you have a business partnership, do you have a buy-sell agreement in case your partner divorces, becomes incapacitated, dies, or wants to sell his or her shares?
Note: Absolutely necessary – unless you are okay with having your partner’s spouse as your new partner!
Yes No N/A Don’t know
10. Is your estate plan designed to avoid court intervention into your personal or business affairs in event of mental incapacity or death?
Note: Court intervention into the affairs of a small business operation often means a business interruption that will cripple or destroy the business. Our courts are simply not equipped to run a small business.
Yes No N/A Don’t know
11. Has your estate plan and business entities been reviewed this year?
Note: Covid-19 has radically changed how we plan in 2020 – and in the future. Your estate plan must honestly reflect this new environment and the new challenges it brings.
Yes No N/A Don’t know
If you answered “No” or “Don’t know” to any question, then you may wish to consult and review this issue with a Miami asset protection attorney. We are available via office meeting, Zoom, or telephone conference.
Call (305) 556-5209 or email Christy at cmedina@raricklaw.com. Let us know how we can help!