Richard C. Milstein

Richard C. Milstein

Miami, FL recognized lawyers icon Recognized in Best Lawyers since 2007
Akerman LLP

242 Best Lawyers awards

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Awarded Practice Areas

Elder Law Family Law Litigation - Trusts and Estates Trusts and Estates

Biography

Richard C. Milstein concentrates his practice on complex, not so complex, and high conflict trust, probate, estate, and guardianship litigation and administration, and family law matters. With Richard’s over four decades of experience in these areas, he ably assists clients and members of families, whether related or not, with resolution of their issues in a caring and sensitive manner.

In addition to litigation and administration services, Richard provides life and estate planning advice to moderate and high net worth individuals and families concentrating his practice on innovative planning solutions for alternative families and same sex couples. One other area of special interest is his representation of the vulnerable in our community – children, the elderly, and those who are marginalized. Richard is Certified Mediator by the Florida Bar Board of Certification.

Richard is a past president of the Dade County Bar and the current chair of the Probate Committee and has served on the Board of the Dade County Bar for multiple years. Throughout his career he has been involved in numerous other organizations on a national, state, and local level, including the American Bar Association on the House of Delegates and more recently on the Commission on Law and Aging; the Florida Bar as the chair of the Council of Sections, on the Real Property and Probate Section (having served on many committees and leadership roles) and the Elder Law Section (past chair and legislative chair for many years). He is a fellow of the American College and Estate Counsel (ACTEC) and been a representative on three national think tanks dealing with the issues of guardianship and the development of legislation and protocols in various states. Richard is a frequent lecturer on the issues in which he practices and on ethics and professionalism and is sought after to speak in all geographic areas.

A renowned champion for equal justice and pro bono legal services, Richard is the 2019 recipient of The Florida Bar Foundation’s Medal of Honor. Other honors include the Dade County Bar Association’s Legacy Award, the Tobias Simon Pro Bono Services Award presented by the Florida Supreme Court, as well as other national and state recognitions. In his honor, The Dade County Bar Association established an award designated the “Richard C. Milstein Award of Excellence.”

Akerman LLP

242 Best Lawyers awards

Akerman LLP logo

Overview

  • University of Miami School of Law, J.D., graduated 1974

  • Florida, The Florida Bar

  • Academy of Florida Trial Lawyers - Member
  • Adrienne Arsht Center for the Performing Arts - Board of Directors, Secretary
  • Adrienne Arsht Center for the Performing Arts - Trust Board of Directors, Member; Executive Committee, Member; Evaluation and Compensation Committee, Member; By-Laws Committee, Member; Legacy Committee, Chair; Assistant Treasurer 2012
  • American Bar Association - House of Delegates, 1990-1993
  • American Bar Association Commission on Law and Aging - Commissioner, 2010-2013
  • American College of Trust and Estate Counsel - Member
  • Cuban American Bar Association - Member
  • Cuban American Bar Association - Member
  • Dade County Bar Association - Board of Directors, 2014 - Present
  • Dade County Bar Association - Past President, 1988-1989
  • Florida Association for Women Lawyers - Member
  • Florida Bar Ethics Committee - Member
  • Florida State Guardian Association - Member
  • Miami-Dade Chamber of Commerce - Member, Trustee
  • National Association of Elder Law Attorneys - Member
  • National College of Probate Judges - Member
  • National LGBT Bar Association - Member
  • New Leaders Council Miami - Mentor
  • The Florida Bar - Commission on Legal Needs of Children; Supreme Court Commission on Guardianship Monitoring; Real Property; Probate and Trust Law Sections; Probate and Guardianship Law Committees; Elder Law Section, Past Chair; Elder Law Certification Committee; Council o

  • U.S. District Court, Southern District of Florida
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Supreme Court
  • Florida, The Florida Bar
  • Academy of Florida Trial Lawyers - Member
  • Adrienne Arsht Center for the Performing Arts - Board of Directors, Secretary
  • Adrienne Arsht Center for the Performing Arts - Trust Board of Directors, Member; Executive Committee, Member; Evaluation and Compensation Committee, Member; By-Laws Committee, Member; Legacy Committee, Chair; Assistant Treasurer 2012
  • American Bar Association - House of Delegates, 1990-1993
  • American Bar Association Commission on Law and Aging - Commissioner, 2010-2013
  • American College of Trust and Estate Counsel - Member
  • Cuban American Bar Association - Member
  • Cuban American Bar Association - Member
  • Dade County Bar Association - Board of Directors, 2014 - Present
  • Dade County Bar Association - Past President, 1988-1989
  • Florida Association for Women Lawyers - Member
  • Florida Bar Ethics Committee - Member
  • Florida State Guardian Association - Member
  • Miami-Dade Chamber of Commerce - Member, Trustee
  • National Association of Elder Law Attorneys - Member
  • National College of Probate Judges - Member
  • National LGBT Bar Association - Member
  • New Leaders Council Miami - Mentor
  • The Florida Bar - Commission on Legal Needs of Children; Supreme Court Commission on Guardianship Monitoring; Real Property; Probate and Trust Law Sections; Probate and Guardianship Law Committees; Elder Law Section, Past Chair; Elder Law Certification Committee; Council o
  • University of Miami School of Law, J.D., graduated 1974
  • U.S. District Court, Southern District of Florida
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Supreme Court

Client Testimonials

Awards & Focus

Lawyer of the Year Badge - 2022 - Litigation - Trusts and Estates
Named "Lawyer of the Year" by Best Lawyers® for:
  • Litigation - Trusts and Estates, Miami (2022)
Recognized in The Best Lawyers in America® 2026 for work in:
  • Elder Law
  • Family Law
  • Litigation - Trusts and Estates
  • Trusts and Estates
Special Focus:
  • Child Custody
Awards:
  • Florida Supreme Court 1996, Tobias Simon Pro Bono Service Award
  • John Minor Wisdom Professionalism Award, 1997
  • The Florida Bar 1987, 1997, President's Pro Bono Award
  • University of Miami Law School, Recognized as "Outstanding Alumnus," 1999
  • Leave a Legacy 2003, Awarded the "Professional Advisor of the Year Award"
  • LGBT National Task Force 2005, Miami Herald Humanitarian Award
  • Stetson University College of Law 2007, Received "Wm. Reece Smith, Jr. Public Service Award"
  • Ocean Drive's Power List 2007, "A Wrap-Up of Those Who Make Miami Magic"
  • Miami-Dade Gay and Lesbian Chamber of Commerce, Businessman of the Year, 2007
  • Miami Dade College 2007, Hall of Fame Inductee
  • The American Way Foundation 2007, Received "Spirit of Liberty Award from the People"
  • South Florida Legal Guide, Top Lawyers 2014, Listed for Fiduciary Litigation
  • Care Resource 25th Anniversary Community Service Award, 2008
  • Anti-Defamation League 2008, Jurisprudence Award
  • Greater Miami Jewish Federation 2009, Honorable Theodore "Ted" Klein Special Recognition Award
  • University of Miami Alumni Association, Recipient of the 2010 Thomas Davison, III Memorial Award
  • Big Brothers Big Sisters Miracle Makers Award, 2011
  • Who's Who for Lawyers in America 1990-2012
  • South Florida Business Journal 2004-2010, Recognized as "Best of the Bar"
  • Florida Trend's Legal Elite 2004-2010, Listed for Wills, Trusts & Estates
  • Super Lawyers Magazine 2004-2016, Listed in Florida for Estate & Trust Litigation, Elder Law, and Family Law
  • South Florida Legal Guide, Listed as "Top Lawyer" in Family Law, 2006-2012, Distinguished Lawyer, 2012; Listed as "Top Lawyer" in Fiduciary Litigation, 2014-2015
  • SAVE, 2014 Champions of Equality, Award Recipient
  • SAVE Dade Hall of Champions for Equality, May 2012
  • United HomeCare, 18th Annual Claude Pepper Awards, Recognized as 2012 Education/Advocacy honoree
  • Dade County Bar Association, Names the "Richard C. Milstein Award of Excellence"

Additional Information

  • Published Work and Lectures
  • The Seminar Group, Comprehensive Elder Law for the General Practice Attorney, Speaker, "Guardianship of the Elderly," August 2016
  • The Herrans Group at Merrill Lynch, Wealth Management Conference, Speaker, "Same Sex Couple Planning," August 20, 2015, Puerto Rico
  • SunTrust Private Wealth Management Roundtable, Speaker, "The Recent U.S. Supreme Court Ruling on Same Sex Marriage: What Was...What Is...What Will Be... Planning Techniques for your Clients and Future Challenges," August 18, 2015
  • University of Miami School of Law's Public Interest Ceremony, Keynote Speaker, April 9, 2015
  • Broward College, Religious Liberty and Same Sex Marriage Forum, Panelist, October 13, 2014
  • Probate and Guardianship Committee, CLE Program Presenter, "DOMA: Deciphering the Rights of Marriage Equality," September 11, 2014
  • 34th Annual South Florida FPA Conference, Speaker, "DOMA, Trying to Decipher the Ruling and its Application," April 25, 2014
  • Dade County Bar Association, Bench & Bar Conference, "The Stars of Family Law," February 28, 2014
  • Dade County Bar Association Probate and Guardianship Committee, Moderator and Speaker, "Probate & Guardianship: Fees, Fees, and More Fees!" January 15, 2014
  • Dade County Bar Association Probate and Guardianship Committee, Speaker, "Financial Exploitation - The Epidemic is Here," May 2013
  • American Civil Liberties Union, Speaker, "DOMA Town Hall: How U.S. v. Windsor Impacts You," March 2013
  • Dade County Bar Association Guardianship and Probate Committee, Speaker, "Guardianship Summit Standards and Recommendations," May 2012
  • White House Office of Public Engagement and University of Miami Center on Aging, Speaker, White House LGBT Conference on Aging, May 2012
  • Miami-Dade Gay and Lesbian Chamber of Commerce, Keynote speaker, 1st Symposium on Aging, Septemeber 2011
  • Introduction on Professionalism for all Continuing Legal Education Books for the Florida Bar 1999-current, Real Property, Probate and Trust Law Section.
  • Chapters on Guardianship, Ethics and on Elder Law Issues for Florida Bar Continuing Legal Education Books, 1985-current.
  • Lectures on Guardianship, Ethics and Elder Law Issues, Same Sex Couples and Domestic Partnership Rights and Obligations, Florida Bar, NAELA, and other organizations, and Elder Law Issues, locally, statewide and nationally.
  • Florida Guardianship Practice, Chapter - Role of Attorney in Planning, 2nd, 3rd, 4th, 5th, and 6th Editions

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