By Phil Rarick, Esq.
May the odds be with you – but frankly they are not:
- A recent study indicated that the average lawyer can now expect three legal malpractice claims during his or her career.
Apparently the message has not got out: In 2011, the legislature threw Florida single member LLC’s under the bus. In a compromise with the bank lobbyists called the Olmstead Patch, multi-member Florida LLC’s (or limited liability companies) were given charging order protection, but a Florida single member LLC receive none. This means a Florida single member LLC can be easily attacked because creditors are not limited to a charging order; rather creditors can foreclose on their interests. See F.S. 605.0503. Olmstead V. F.T.C. Also See Olmstead Patch.
Does A Trust Need to Be Recorded, Filed or Registered in Florida?
One of the most common questions I get as a Weston estate planning attorney is, do I need to record my living trust? Some persons believe that a trust needs to be publicly recorded like a corporation or a deed. This is generally wrong; not only is recording not required or needed for most trusts, in most cases recording would negate one of the chief benefits of a trust: confidentiality. Let’s look at more specific questions.
Does a Living Revocable Trust Need To Be Recorded During the Life of the Trustmaker?
By Phillip B. Rarick, Esq., Weston Asset Protection Attorney
The Checklist Manifesto by Atul Gawande is a current, hot selling book written by a physician and advising how to get things right by implementing commonsense systems.
In today’s modern medicine, coupled with our information age, where virtually every procedure can be scrutinized by an “expert” easily found on Google, it should be standard procedure for every doctor to have a comprehensive asset protection plan – one that is up-to-date to meet the challenges of our fast-changing legal system.