Articles Posted in miami probate attorney

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…

By Phillip B. Rarick This summer my family had the opportunity to travel to France. It was a busy trip, and we saw many spectacular works of art and architecture by past generations of artists. The most special trip was our visit Normandy, where a generation of Americans representing the diversity of this country, challenged…

By Phillip B. Rarick, Miami Asset Protection Attorney On occasion, I am invited to speak to small business groups regarding tips on how best to protect your business and investments from rogue lawsuits – or any lawsuit. Those who have heard my presentation know about the basketball that I bring to each presentation. I coached…

By: Phillip B. Rarick, Miami Probate Attorney Executive Summary Failure to obtain court approval under Florida guardianship law of a pre-suit structured settlement exceeding $15,000 on behalf of a Florida minor child could result in the settlement being disaffirmed by the minor on reaching majority or within a reasonable time thereafter. See F.S. 744.387(3)(a) A.…

By Phillip B. Rarick Esq., Miami Probate Attorney The following documents are usually needed to open a testate Florida ancillary probate: Court-authenticated copy of: 1. Decedent’s last will 2. Petition for Probate 3. Order admitting the will to probate 4. Letters of administration Other documents: 5. Two Certified Death Certificates If not set forth in…

By Phillip B. Rarick, Miami Probate Attorney Executive Summary: The following is a memorandum our firm gives to the person named as Personal Representative (in other states this role is referred to as the “Executor”) in the decedent’s will, or who is entitled to be Personal Representative under Florida law. This memo summarizes: 1. The…

By: Phillip B. Rarick, Miami Probate Attorney Note: This is a first in a series of short reports on the subject of avoiding elder abuse scams – a subject of considerable importance in south Florida. However, these reports are for persons of all ages. Example From Real Life: An attorney I know exceptionally well was…

By Phillip B. Rarick, Miami Probate Attorney Note: This is a short list of initial tasks for a person who may be appointed the Personal Representative (or Executor) of an estate under a Florida will, or if there is no will, in an intestate estate. This is not a complete list of the Personal Representative’s…

By Phillip B. Rarick, Esq., Miami Trust Attorney Executive Summary A Domestic Asset Protection Trust or DAPT is an exceptionally strong structure for protecting family assets. However, a Hybrid DAPT, developed by Nevada attorney Steve Oshins, can add another layer of protection that will make the DAPT even more imposing and difficult to attack by…

By Phillip B. Rarick, Esq., Miami Trust Attorney A common question we receive for persons who have prepared revocable living trusts is what do I do about title or registration for my cars. Unless your car is a Maserati or you have a collection of valuable old cars, here are three rules to follow if…