Florida Trust & Probate Attorneys Blog
The Importance of Your Adult Child Naming a Healthcare Surrogate and Power of Attorney
By: Jacqueline R. Bowden Gold, Miami Estate Planning Attorney
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Is a Handwritten Will Valid Under Florida Law?
Is a Handwritten Will Valid Under Florida Law?
By: Jacqueline R. Bowden Gold, Miami Lakes Estate Planning Attorney
When planning for the future, a crucial step is ensuring that your wishes are respected after your death. This often involves creating a will. However, not all wills are created equal, and understanding the types of wills and required formalities is essential in Florida. One type is a “holographic will,” which is not recognized as valid under Florida law. Let’s explore what a holographic will is, why it’s not valid in Florida, and why a holographic will created in another state may still be problematic if you move to or have assets in Florida.
Keeping Peace in The Family: 5 Common Pitfalls
Keeping Peace in The Family: 5 Common Pitfalls
By Attorney Phil Rarick, Weston Estate Planning Attorney
As an estate planning attorney, I sometimes witness stressful family fights that break out upon the death of a father or mother or husband and wife. On some occasions, it’s outright family warfare! What is painful is that the family was functioning quite well before the passing of their family member. Here are five common pitfalls to avoid:
2024 Property Tax Appeal Deadline: Read the Small Print!
2024 Property Tax Appeal Deadline: Read the Small Print!
By: Phil Rarick, Miami Trust Attorney
You will miss this deadline if you do not read carefully – and you may need a magnifying glass to find it. Around the last weeks of August, you should have received in the mail a “Notice of Proposed Property Taxes” or “TRIM Notice” from your county property tax appraiser. This is NOT a bill but a notice. Buried at the bottom of your Notice in small print is an important deadline for appealing your tax assessment.
Florida Successor Trustee Checklist 2024
Florida Successor Trustee Checklist
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.
File Your 2024 Annual Report – But Watch For These 3 Scams
By Phillip B. Rarick, Esq., Miami Lakes and Weston Estate Planning Attorney
Its a New Year and time to file your 2024 Annual Report if you own a Florida LLC (limited liability company), corporation, or partnership. The deadline is May 1, 2024. The state will charge you a $400 late fee if you miss this deadline.
The official Florida web site is www.sunbiz.org. This site has “Consumer Notices” to alert you to bogus web sites that try to scam persons who file these reports.
Asset Protection Checklist For Married Professionals
Asset Protection Checklist For Married Professionals
By Phil Rarick, Esq., and Jacqueline Bowden Gold, Esq., Miami Asset Protection Attorneys
If you have creditor threat, do you know what assets are easily exposed to creditors? Do you know what assets are already protected by Florida law? Take this three minute survey for a quick assessment.
The Paycheck Protection Fund Is Dry – But Don’t Give Up!
by: Phillip B. Rarick, Esq.
Here is the good news/bad news I received from my bank today regarding my Paycheck Protection Program (PPP) Application: The good news: your application has been approved; the bad: the SBA is out of money and you must wait for Congress to refund the program!
Although I have heard of a few small businesses that have received funding I am guessing that most persons reading this letter have encountered similar frustrations. Note: if you have received funding, please so reply.
Florida Treasure Hunt: Check It Now! Florida Unclaimed Property Law
By Phillip B. Rarick, Esq., Miami Asset Protection Attorney
If you have never checked Florida’s website for lost accounts and abandoned property you should do so – immediately. You may be pleasantly surprised!
You may think that it is not possible that you have any “unclaimed” property held by the State of Florida – and you could be wrong.
Florida’s Sweeping Elective Share
By Phillip B. Rarick, Esq., Miami Probate Attorney
Florida’s 30% elective share law was completely rewritten in 2001 because the old law could be easily circumvented by placing assets in a revocable trust or using non-probate transfers (e.g. life insurance, IRAs etc.) In an effort to curtail such tactics, the legislature overhauled the statute and broadened the share. The result is an expansive elective share that sweeps into the decedent’s “elective estate” many non-probate assets. See F.S. §732.201 —§732.2155.
What Is Included? Florida’s elective share statute retains the 30% share under prior law, but introduces the concept of the “elective estate” (sometimes referred to as “augmented estate”) that consists of the following property interests under F.S. §732.2035: