Articles Posted in Miami asset protection attorney

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…

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 An important asset protection strategy available to married persons…

By Phillip B. Rarick, Miami Wealth Protection Attorney* ASSET PROTECTION CHECKLIST FOR THE FLORIDA SMALL BUSINESS OWNER

By Phillip B. Rarick, Esq., Miami Trust Attorney A. Domicile vs. Residence “Domicile” and Residence are two different legal terms, but often confused. A person can have only one domicile, but any number of residences in different states. Domicile is your actual residence in the state joined with your intention to make that state your…

How fundamentally has the 2012 American Taxpayer Relief Act (ATRA) changed estate planning? It may have taken a year for this consensus to develop, but the simple answer that was apparent at the recent 48th Annual Heckling Institute on Estate Planning is this: Profoundly; there is a new paradigm in estate planning. Paul Lee, the…

By Phillip B. Rarick, Miami Asset Protection Attorney The saddest and most tragic call I have ever received as a lawyer came when a parent called and said her teenage son, while operating a jet ski, had run over a young girl who happened to be about the age of my daughter. I declined the…

By Phillip B. Rarick, Esq., Miami Probate Attorney We have written about this issue in the past, but it is one that keeps popping up. Here are the relevant facts. Note: I have changed some facts to avoid disclosure of private information. Recently, we reviewed a New York will where the drafting attorney named himself…

By Phillip B. Rarick, Esq., Miami Trust Attorney Quote: There are three things that are real – God, human folly and laughter. The first two are beyond our comprehension. So we must do what we can with the third. – John F. Kennedy Here are five bad items of advice – that you hear all…

By Phillip B. Rarick, Esq., Miami Probate Attorney I. Determining Survivors The personal representative has a duty to bring an action for the wrongful death of the decedent. F.S. 768.20. The Act provides for damages for the estate and “survivors”. Survivors include the surviving spouse, “minor children” under 25 years of age, and in some…

By Phillip B. Rarick, Esq., Miami Trust Attorney Summary: The following Alert discusses the Florida real estate form DR-430 required to be filed upon the cumulative transfer or control of more than 50% of the legal entity that owned the property, or transfer of more than 50% of ownership interest. Notice of Change of Ownership…