This Sunday most of America will be glued to television sets while watching the Patriots and Giants battle it out on the football field. Everyone will be rooting for their favorite team while wolfing down Buffalo wings and downing endless cans of beer. During commercial airtime, you might be thinking how great it is that your family and friends are all together watching the biggest game of the year. So many memories are being filled right in your family living room. You then decide you are going to leave your house to your kids so that these memories will last forever. What a great idea!

However, without careful thought, you might be doing disservice to your children in the future.  If your residence is worth less than $5 million, most likely you will not have to pay any gift taxes. This is great. However, if your children decide to sell the house immediately, they will be hit with heavy capital gains tax. This is because your cost basis (whatever it cost you to purchase the house) is transferred over to the recipient. So if the fair market value of your house has substantially increased, Uncle Sam will dip into that higher gain.

However, the only way for your children to avoid such high taxes is for them to live in the house for at least 2 years before they sell it. This situation affords them the opportunity to exclude up to $250,000 from capital gain taxes.

What if you decide your children will instead inherit the real estate? In this case, the cost basis will become the current market value, which could translate into a lower gain and thus, lower taxes. However, there are estate tax consequences that will come back to haunt you.  So what do you do?

Take action and consult a highly qualified South Florida attorney to learn about all the available options that can save your children from harsh taxes.

Back in 2008, the Patriot’s offensive line failed to protect their quarterback Tom Brady from the NY Giant’s hard-charging defensive linemen. Don’t fail to protect your kids from Uncle Sam’s appetite for more taxes. Put down that plate of nachos and schedule an appointment today!

For more information on successful Florida estate planning and probate techniques, please contact the South Florida law firm of Wild Felice & Partners, P.A. at 954-944-2855 or via email at info@wfplaw.com to schedule your free consultation.

It’s a Wild world.  Are you protected?

What does Bono have to do with South Florida estate planning?  Probably not much.  After all, most of Bono’s assets probably lie overseas and are governed by that country’s specific estate planning and probate laws.  However, as a non-US citizen, his estate tax exemption amount for all property held in the United States will be a measly $60,000.  He may want to become a resident of Florida so that he can avoid the state estate tax shouldered by the residents of many of the other 50 states.  He should also consider some agressive estate tax planning and probate avoidance techniques to assure that his family or his charities end up with more of his assets than the IRS does.  After all, they say that this is the Golden age and nothing changes on New Year’s Day.

For more information on successful Florida estate planning and probate techniques, please contact the South Florida law firm of Wild Felice & Partners, P.A. at 954-944-2855 or via email at info@wfplaw.com to schedule your free consultation.

It’s a Wild world.  Are you protected?

As the end of 2011 approaches, Florida residents realize that 2012 is about to hit us smack in the face.  As a tradition, Americans tend to use the New Year as the motivation necessary to set goals for themselves to earn more, weigh less and even to be a better person.  While I am certain that some of you will work less, eat more and go about your lives in the same manner as you did this year, there is one resolution that cannot go unfulfilled: you MUST institute some form of South Florida Estate Planning this year.

You put it off each year because you know you aren’t going to die – until you do, of course.  Unlike joining a gym, which requires monthly payments and showering with strangers (which may be your thing so I don’t aim to judge), your Trust-based estate plan can be formulated during an hour long consultation and signed just a week later.  There are no monthly fees and my office doesn’t even have a shower.

If your resolution is to be a better parent or spouse, there is no better way than to protect your loved ones after you are gone.  A Revocable Trust can avoid probate, reduce estate taxes and provide asset protection for its beneficiaries.  If you love your kids, you’ll get one drafted soon.  Click here to schedule a free consultation with one of our South Florida Estate Planning Attorneys.

If your resolution is to quit smoking, I hope you are successful but the fact remains that you probably wont be.  That means that your living will and designation of health care surrogate had better be in order.

Each year we make resolutions and each year we have trouble keeping them.  I will make this promise to you.  If you complete your estate plan in January of 2012, I promise that you will stress less, spend less and be a better parent immediately.  Then you can feel free to take the rest of the year off.

For more information on successful Florida estate planning and probate techniques, please contact the South Florida law firm of Wild Felice & Partners, P.A. at 954-944-2855 or via email at info@wfplaw.com to schedule your free consultation.

It’s a Wild world.  Are you protected?

Florida residents know better than anyone that having life insurance is essential to planning for one’s future and provides assurance for family members after one’s death.  Beneficiaries receive a life insurance death benefit, which is tax-free income used to cover the costs of funeral expenses, debt, and any other financial obligations. However, many people do not realize that for tax purposes, the proceeds from a South Florida life insurance policy becomes part of the decedent’s gross estate if the policy is owned by the deceased during the last 3 years of his or her life. Currently, for estates valued over $5 million, anything in excess will be taxed at a rate of 35 percent. Accordingly, many people are not aware that a life insurance policy is subject to this Federal Estate Tax.

Fortunately, correct South Florida estate planning can save family members hundreds of thousands of dollars. A highly qualified and well-experienced attorney can strategically structure an estate in order to shield loved ones from the bullets of heavy taxation.

Establishing an Irrevocable Life Insurance Trust (ILIT) removes life insurance from the estate and transfers the life insurance benefits into this specific type of trust. If done properly, the result will be less taxation and increased asset protection for beneficiaries. This trust is considered a separate South Florida legal entity that’s outside a person’s estate and no longer within his or her control. Therefore, the assets held in the trust are insulated from the grip of the IRS.

Protect Your Family From Estate Tax with an Irrevocable Life Insurance Trust

A spouse, child, or other appropriate party may be designated as the beneficiary of the trust and an appointed trustee will be able to carry out detailed instructions regarding management of the trust in accordance with the decedent’s wishes. This includes how the life insurance payout should be distributed, when payments, loans, or investments should be made, and when to terminate the trust.

The ILIT is a means of providing extra liquidity to one’s estate or business by reducing estate tax by 35 percent of the life insurance benefit total. There are also gifting strategies to capitalize on. So, with an ILIT, an estate planning attorney can make sure a client receives the protection of a trust combined with the liquidity of life insurance benefits.

For more information on successful Florida estate planning and probate techniques, please contact the South Florida law firm of Wild Felice & Pardo, P.A. at 954-944-2855 or via email at info@wfplaw.com to schedule your free consultation.

It’s a Wild world.  Are you protected?

Topic: Estate Planning

Marital termination in South Florida entails major estate planning complications. Spousal support, asset division, and the care and custody of minor children must be effective addressed and properly resolved. Failure to perform comprehensive estate planning after divorce is a common – but devastating – financial error. Following are the main estate plan components that typically require major overhaul in the aftermath of divorce:

Your will

All estate plan modification efforts must begin with this core document. Asset distribution and personal representative designation are the two reasond most likely to mandate revision. Such amendments are easily accomplished by either rewriting its entire contents or preparing a specialized addendum called a “codicil.”

Trust terms

Thoroughly review the terms of any existing Revocable Living Trust (“RLT”). Perform this perfunctory task whether or not an RLT was established while you were married. RLT Trustee and beneficiary designations are easy to alter. Amending the terms of other types of trusts is typically more complicated and usually results in the termination of any concurrent tax advantages. Consult a qualified Florida estate planning attorney for accurate advice and competent assistance with this post-divorce estate planning aspect.

Life Insurance Policies

You will likely desire a beneficiary re-designation in light of your changed domestic situation. Most of the time, this can be done simply by contacting the insurer who issued your policy. If you take this step prior to final entry of a Divorce Decree, be aware that courts commonly consider any accumulated cash value(s) of universal or whole life contracts to be marital assets. Thus, such funds may be subject to subsequent
equitable distribution in any negotiated or court-ordered divorce settlement.

As part of your overall insurance overhaul, look into the availability of alternative benefit payment options. For instance, structured payouts are a relatively recent invention that many insurers now offer. This allows smaller periodic payments for a long period of time to support dependents or facilitate college educations.

Having the foresight to take such a responsible approach also eliminates the risk of immature or imprudent heirs squandering a single lump-sum payment.

In summary

Estate planning after divorce might seem to be an unpleasant, arduous process. Do not make the potentially fatal mistake of letting emotion override practicality, however. Take prompt, proactive measures and visit your South Florida estate planning attorney to ensure the continued effectiveness of your existing estate plan. You cannot afford to leave you and your loved one’s long-term security to chance. Instead, bet on a sure thing with concrete strategies that preserve hard-earned assets.

The realistic time frame required to fully complete the Florida probate process is a common question of natural concern to many. Following are the answers to some Frequently Asked Questions about the role that time plays in Sunshine State probate.

Why is time so important in probate cases?

Although the party whose assets and debts must be distributed and settled is gone, many complex legal and financial issues live on. Taxes, interest, and asset depreciation continue despite the demise of the debtor/owner. Thus, prompt settlement of all financial matters is vital to preserve assets and minimize liabilities.

How long does Florida probate take?

The total length of time required to conclude estate settlement varies widely. Total value and type of the decedent’s assets are primary determinants of the time factor.

For instance, a deceased might have left behind a lot of real estate, antiques, or jewelry. As illiquid assets, such items must be appraised and fully accounted for prior to final sale or other distribution. This can add considerably to the total time required to complete probate.

Conversely, An estate containing few assets or those that are easily liquidated (i.e.; life insurance proceeds or bank accounts) close much faster.
What other factors affect length of time to probate closure?

Mandatory waiting period

Florida statutes require all estates to remain open at least three months after being formal admittance to probate court. This requirement is designed to afford creditors or other third parties an ample opportunity to file any adverse claims. Thus, even simple probate cases typically take at least 5-6 months to close.

Tax tardiness

Final closure of taxable estates is prohibited until final IRS approval of Estate Tax Form 706. In addition, applicable laws allow the PR or probate attorney up to nine months after a decedent’s death to file this document.

Other legalities often lead to delay

Probate closure can easily consume several years in cases involving complicated issues like will contests, very substantial assets, or numerous heirs and creditors. This is especially true if any such party(ies) should launch a legal appeal to any lower probate court ruling(s).

What is the best way to expedite estate closure?

The assistance of a qualified Florida probate attorney is the best means of ensuring expeditious estate closure. He or she has the specialized skill, experience, and legal knowledge to avoid many time-consuming complications. Having a trained ally to advocate for your interests also ensures that all your legal rights and interests are fully preserved and adequately protected.

For more information on successful Florida estate planning and probate, please contact the South Florida law firm of  Wild Felice & Pardo, P.A. at 954-944-2855 or via email at info@wfplaw.com to schedule your free consultation.

It’s a Wild world. Are you protected?

While the damage of Hurricane Irene is in the billions, Congress is currently in the process of enacting law that could cost the American people trillions.

On August 2nd, Congress approved the Budget Control Act of 2011, which calls for the appointment of a bi-partisan committee to propose new tax legislation by November 30, 2011 that would reduce the deficit over the next 10 years by $1.5 trillion.  One of the first ways they will simplify the tax legislation will be to begin closing the loopholes in the current tax code, especially those breaks given to dead people.  Soon after that, we will see the removal of automatic portability, a reduction in the estate tax exemption amount and an increase in the overall estate tax.  After all, dead people tend to fight less than live people when being overtaxed.

What does this mean for you?  Well, while many experts in my field (along with myself) have been preaching that all Americans have to get a comprehensive estate plan in place prior to December 31, 2012, the date we may have to focus on is actually November 30, 2011.  For those that are calendar-impaired, THAT’S ONLY NINETY (90) DAYS FROM TODAY!!!

Rather than wasting your summer praying in vain for a savior to rise from these streets and enact a more favorable tax code (which may never come), you should be scheduling a free consultation with an estate planning attorney that can walk you through the process of using the current tax laws to your advantage before they possibly go away in three months.

For more information on successful Florida estate planning and probate, please contact the South Florida law firm of Wild Felice & Pardo, P.A. at 954-944-2855 or via email at info@wfplaw.com to schedule your free consultation.

It’s a Wild world. Are you protected?

Whether you divorce her or not is up to you but you need to adjust your estate plan either way.  If you stay with her, you need to be certain that you name the executor and trustee that you desire.  If you don’t want her to get everything upon your death, you need to be very explicit about that in your trust.  If you want your parents or siblings to be the guardian of your children instead of her parents and siblings, you need to stipulate that in your will (and you need to survive her).  Who do you want making health care decisions for you?  Financial decisions?  Pulling the plug on your death bed?

Maybe you decide to divorce her.  Your marital settlement agreement will most likely require that you procure a life insurance policy.  Your life insurance policy should be owned by an Irrevocable Life Insurance Trust and not in your own name.  If you already had an estate plan drafted, you’ll want to amend or restate all of the documnets to remove your now ex-wife from them completely.  That is, unless you want her to still control all of your financial and medical decision making if you become incapacitated.  Remember that line above regarding pulling the plug?  It probably shouldn’t be left to your ex-wife.

And ladies, this goes for you too.  After you wash that man right out of your hair, you had better erase him from your financial life as well.  Aside from removing him from the above mentioned documents and drafting an entirely new estate plan, you’ll definitely want to have a trust put in place, if you haven’t already.  If you die before your ex, he will be the guardian of any minor children that you had together.  However, by using a trust to manage your assets instead of leaving them outright to your minor children, at least he wont inherit your stuff.

For more information on successful Florida estate planning and probate, please contact the South Florida law firm of Wild Felice & Pardo, P.A. at 954-944-2855 or via email at info@wfplaw.com to schedule your free consultation.

It’s a Wild world. Are you protected?

People forget things all the time. Rumor has it that Joe Robbie forgot to sign his estate plan. The only difference between the two instances is that my omission resulted in you not receiving a blog post and Joe Robbie’s omission resulted in a $47 million estate tax bill, millions of dollars in legal fees and the never ending renaming of a football stadium.

Don’t make the same mistake Joe Robbie did; get your estate plan in place before it’s too late.

For more information on successful Florida estate planning and probate, please contact the South Florida law firm of Wild Felice & Pardo, P.A. at 954-944-2855 or via email at info@wfplaw.com to schedule your free consultation.

It’s a Wild world. Are you protected?

48,000 people die in the United States each week and there are still 4 weeks until the start of the season. That means that nearly 100,000 people will die before the season kicks off and over 1.2 million people will die before the Super Bowl. Talk about a futures bet!

August is more than just the prologue to football season. Did you know that August is also a month that celebrates estate planning reminders?

 August is National Catfish Month which reminds all of those people that get squeamish when talking about death to Suck It Up and get the estate plan drafted.

 August is National Eye Exam Month which reminds us to minimize our estate tax so that the IRS doesn’t rob our families blind after we die.

 August is National Golf Month which reminds us to have each estate plan reviewed every 3 to 5 years to see if there is a hole in one.

 August is also National Peach month which reminds us that probate is the pits.