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Successor Trustee Duties

Published on: April 27, 2015 | by Rarick & Bowden Gold

12 Point Summary of Florida Successor Trustee Duties

Note: Trust administration requires strict compliance with the trust terms and often analysis of complex tax requirements. A trustee is a fiduciary and is held to a high standard of care under Florida law. If you are a successor trustee, we can help. It is important that you follow the advice of an experienced Trust Administration Attorney to avoid or reduce estate taxes or income taxes and to protect yourself against personal liability. Not only are the expenses of an attorney and CPA typically considered routine trust expenses, but failure to utilize such services can expose the trustee to personal liability.

Show Loyalty To All Trust Beneficiaries. Even if the successor trustee is himself a beneficiary, as trustee he has the duty of loyalty to all the other beneficiaries, including the remaindermen. Remaindermen are beneficiaries who do not have a current interest in the trust income or principal, but have a future interest in the trust.

What is a Durable Power of Attorney- And Why Is It So Important?

Published on: March 3, 2015 | by Rarick & Bowden Gold

By: Jacqueline R. Bowden and Phillip B. Rarick, Miami Estate Planning Attorneys

A power of attorney is a legal instrument you may give to a trusted family member or friend (commonly called your attorney-in-fact or agent) to manage your financial affairs and act on your behalf. The person creating the document is referred to as the principal. A Durable Power of Attorney (DPA) differs as it remains effective after the principal becomes incapacitated. In order for a DPA to remain effective it must include language stating that subsequent incapacity will not affect the powers of your agent.

Note: Florida’s Durable Power of Attorney law was completely rewritten effective October 1, 2011. See New Florida Durable Power of Attorney Law Makes Sweeping Changes. If you have a DPA dated prior to October, 2011, we strongly recommend that you update your DPA.

7 Point Legal Checklist for Same Sex Couples: Critical Action Items To Review Now

Published on: January 5, 2015 | by Rarick & Bowden Gold

By Phillip B. Rarick, Esq. and Jacqueline R. Bowden, Esq.

For same-sex couples living in Florida, now is the time to take full advantage of rights long delayed to make sure that your spouse or partner is cared for come rain or shine. Here is a checklist of some of the most important action items.

Living Revocable Trust: Make instructions to care for your spouse and children. Every couple should have detailed, legally binding instructions to care for their loved ones. The best way to accomplish this is to prepare or update your living revocable trust. Such a trust can help avoid court intervention in the event of disability or death and make sure all your hard earned money goes to your spouse or children in a wise and prudent way. For more information about Florida living trusts, see our Quick Reference Guide: Understanding Living Trusts for Florida Residents.

What Is A Living Will (It is Not a Will)

Published on: January 2, 2015 | by Rarick & Bowden Gold

By Phillip B. Rarick, Miami Trust Attorney

A Living Will is not a will and it is not a living trust. It is simply detailed, legally binding instructions to your physician that you do not want to be maintained in a persistent vegetative state if there is zero possibility of recovery.

The term “living will” is confusing because it is not a will. A better name is Declaration Regarding Life Prolong Procedures. Such a Declaration is important to most persons because, at the end of life, they do not want to maintained in a vegetative state if there is absolutely no possibility of recovery.

What Is A Living Trust- And What Are the Benefits?

Published on: December 30, 2014 | by Rarick & Bowden Gold

Within the past 10 years, the Living Trust has replaced the Will as the best way to care for you and your loved ones because it can avoid the fees, cost, and stress of court intervention in the event of mental incapacity or death. Properly funded, a living trust can help you keep legal control in your family or with persons you trust and avoid having a judge – an unknown third person – make decisions about your personal affairs.

A living trust is simply detailed, legally binding instructions to care for you and your family. There are three key players in a trust. First, the Trustmaker or grantor; this is the person who makes the trust. Second, the Trustee, whose job is to follow the instructions of the trust exactly and to the spirit of the trust. The third role are the Beneficiaries. The Trustee’s fiduciary duties run like a laser beam to the beneficiaries: every penny of the Trust must be used in the best interests of the beneficiaries.

Initially, you can act in all three roles in your living trust: You can be the trustmaker, trustee and beneficiary. Your spouse, children, or other loved ones can also be beneficiaries.

Deadline for Annual Gifting is December 31; Consider Gifting Trust

Published on: December 20, 2014 | by Rarick & Bowden Gold

By Phillip B. Rarick, Miami Trust Attorney

You have a valuable tax benefit from the IRS, but the deadline for taking advantage of this benefit is December 31. The IRS allows you to gift $14,000 per recipient each year tax free; if married, you can gift $28,000 per person.

Example: If you are married and have two children, you can gift $56,000 without incurring any gift taxes or using part of your lifetime gift tax exemption. (This exemption is $5.34 million; next year it will be $5.43 million.)

9 Key Benefits Available to Florida Same-Sex Couples: U.S. Supreme Court Clears Way For Critical State Benefits Effective January 6

Published on: December 20, 2014 | by Rarick & Bowden Gold

By Jacqueline R. Bowden, Esq. and Phillip B. Rarick, Esq.

Same-sex marriage will likely be legal in Florida beginning January 6 as a result of a historic 7-2 ruling by the U.S. Supreme Court yesterday, December 19. This ruling, denying Attorney General Pam Bondi’s request to extend a stay preventing the state from recognizing the marriages of eight same sex couples, may signal the state’s last defense of a constitutional ban on same-sex marriage in line with the over-whelming national trend to strike down such bans.

The ruling has profound legal consequences for Florida same-sex couples. This Alert reviews six Federal benefits available now, and three state benefits that will be available January 6 barring any further legal developments, which are unlikely as Attorney General Bondi has now conceded that the stay will end January 5.

7 Point Checklist for Pre-Divorce Planning

Published on: August 6, 2014 | by Rarick & Bowden Gold

First, let’s hope you don’t need this. But, if you do, here is a checklist of key estate planning items that should be considered prior to filing a petition for dissolution of marriage:

Note: This is a partial list of key items. Invariably there are other considerations. Consult your estate planning attorney.

1. Revise living revocable trust or will:

Estate Planning For Florida Same Sex Partners or Spouses: What You Should Know About TBE Delaware LLC’s

Published on: June 8, 2014 | by Rarick & Bowden Gold

Introduction

Florida same-sex partners and same gender couples who were legally married in a state outside of Florida and have now moved to Florida should consider using a TBE (Tenants by Entireties) Delaware LLC to own Florida real estate or intangible property. Here is why.

Strategy

Asset Protection Checklist For The Florida Small Business Owner

Published on: May 26, 2014 | by Rarick & Bowden Gold

By Phillip B. Rarick, Miami Wealth Protection Attorney*

ASSET PROTECTION CHECKLIST FOR THE FLORIDA SMALL BUSINESS OWNER