Apparently, it happens!

Louse White, an 81-year-old woman from Rhode Island asked a family member to buy her a lottery ticket from a local supermarket following an intense craving for rainbow sherbet ice cream. She ended up winning the Powerball jackpot. What did she do with all those millions? She was smart. She took the time to consult with her attorneys first, prior to claiming her sweet prize.   She and her attorney created the Rainbow Sherbet Trust to protect her newly acquired $210 million.

In South Florida, new trusts are being devised constantly. Concerned about heavy taxation on your life insurance policy? There’s an Irrevocable Life Insurance Trust for that. Are you feeling like a humanitarian today? There’s a charitable trust for that.  You finally decided to protect your family vacation home? Say hello to Family Trusts. So, you have decided to leave everything to your spoiled Maltese poodle? There’s a Pet Trust for that. As you can see, there’s a gourmet selection of trusts to choose from to cater to your every need. The most common one is called a “living trust” which includes a “revocable” and “irrevocable” trust.

Handling a princely sum of money can be overwhelming and stressful. Retaining an experienced and knowledgeable attorney is critical for protecting your money. New trusts are being devised constantly. Each one features different legal requirements and are designed to serve various purposes. Keep in mind that circumstances change over time that may dramatically affect your estate planning strategy. Consult a qualified South Florida estate planning attorney today and protect your money like Louse White did.

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?

This week is welcomed by the holiday known as Celebration of Life Day.  Every January, it is a day to take the time to honor children and grandchildren in America. Each life is held to be a precious gift. However, sometimes we are too busy existing in life that we forget to actually live it, let alone stop to appreciate the people we love most. Hardly do we ever contemplate life after death and rarely do we stop to consider what will happen to our children after we pass away.  There can be no better way to show love and honor to our progeny than to protect them from future legal distress and financial insecurity after we are gone. Ensuring a brighter future for our children and grandchildren starts with estate planning and asset protection. The attorneys at Wild Felice & Partners are well-equipped with the necessary tools, legal knowledge, and expertise of South Florida estate planning strategies and asset structuring to ensure the financial stability of society’s most vulnerable individuals in order to guarantee the quality of life they deserve. Whether it’s a drafting a will or forming a trust, there are countless benefits to strategic estate planning. You can protect your children and grandchildren from potential lawsuits and creditor claims to your family life savings. You can protect your children against inadequate insurance coverage. You can eliminate the need for probate and reduce the burden of estate taxes. It is difficult to think of a better way to celebrate the life of your offspring and acknowledge them as precious gifts of life than to ensure their financial protection and shield them from unnecessary legal hassles after we are gone. In return, our children will be honoring us …on Remembrance of Death 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.

Similar questions run through people’s minds when they go to the doctor or dentist. If I go to the doctor, will he find a tumor and tell me I have cancer? Maybe if I just avoid the doctor all together that will never happen. Right? Wrong! Many people have the same thought process when it comes to visiting their attorney for estate planning. Such irrational reasoning has even more dire consequences in the future. With today’s sophisticated technology, routine checkups and preventative healthcare measures are critical for preventing what could be a medical tragedy. Likewise, with today’s legal tools, adequate estate planning from a qualified South Florida estate-planning attorney is critical in preventing a financial tragedy.

By doing the following you will avoid some commonly made mistakes.

1) Get your will drafted. This is not just for wealthy individuals. In fact, proper asset preservation is critical for those of modest means. There is nothing better than knowing your family will be protected against high estate taxes and administrative costs.

2) Don’t Procrastinate. Just like cancer can strike at any time so can death’s knock at your door. If you leave this world without a will, Florida law dictates the distribution of your assets and your wishes are gone with the wind.

3) Be wary of joint tenancies. With this strategy you are making a prospective heir a joint property owner. This approach can turn sour when for example, your married adult child gets divorced and his or her estranged spouse will be able to claim a portion of your retirement nest egg. If your favorite niece has a business that becomes insolvent, creditors can wipe out your entire life savings.

Get your South Florida estate in place today to avoid such dire consequences from inaction! Time is never on our side.

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?

Having life insurance is a great tool in planning for your future and providing assurance for your family members after you die. But did you know that for tax purposes, the proceeds from a South Florida life insurance policy become part of your gross estate if you owned the policy during the last 3 years of your life? This occurs for over 90 percent of all life insurance policies.  Your family receives life insurance death benefits, which is tax-free income that they will use to pay for funeral expenses, debt, estate taxes and to fulfill any other financial obligations. If your estate is valued over the $5 million estate tax threshold, anything pouring over that threshold will be taxed at a rate of 35 percent. This means that your life insurance will be taxed along with all the other assets in your estate.  But don’t worry there is hope.

A qualified and well-experienced South Florida Estate Planning attorney can strategically structure your estate in order to shield your family from the bullets of such heavy taxation.  This can be accomplished through the creation of an Irrevocable Life Insurance Trust (ILIT). This is a legal instrument that removes the life insurance from your estate and transfers the benefits into the ILIT. The result- less taxation and increased asset protection for your loved ones. Since the ILIT is a separate South Florida legal entity that is outside your estate, the IRS cannot impose a tax on the assets held in the trust because they are no longer within your control. You may designate your spouse, child, or other appropriate party as the beneficiary of the trust and provide detailed instructions to the designated trustee regarding management of the trust.  This includes how you would like the life insurance payout to be distributed, when payments, loans or investments should be made,  and when to terminate the trust.  Establishing an ILIT today with a caring and knowledgeable attorney will ensure your family will be guarded against the burdens of heavy taxation and unnecessary liability in the future.

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?

We all love to take a break occasionally from our busy lives and enjoy a vacation that will help us decompress. Many of us own a vacation home that is the source of our retreat.  Whether we are escaping to our condos on Florida’s South Beach or to a cabin on New York’s Lake George, we rarely stop to consider one thing. Vacation homes are a valuable asset that should be protected by South Florida estate planning.  The most common method of asset protection is through the formation of business entities or trusts that will hold title to the property.

A popular type of entity organization is the Limited Liability Company (LLC). This is a family/business operation that is treated like a corporation but is taxed as a partnership.  This provides liability protection for family members from claims of those injured on the property and reduces the risk of creditors staking a claim on your asset. A family Limited Partnership can be created, which is similar to an LLC but has more restrictions on transferability of ownership.  There is also the option of establishing a Family Trust or Irrevocable Trust. A trust is a separate legal entity, which becomes the legal owner of the real estate.   An attorney can help you structure a trust to protect your house from creditors, allow for management by the parents during their lifetime, and protect the house in the event a child becomes divorced. The advantage of a trust is that it offers the most control over your asset and is typically used to keep a house in the family for generations.

To help preserve those valuable memories from past family vacations and to build many more, sit down with a qualified estate-planning attorney to map out the future of your home.  Learn how to protect your property from creditors and potential family disputes regarding its use, management, and future expense sharing.

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?

Surely we are all familiar with the old adage “Carpe Diem.” This popular Latin phrase translates into “seize the day,” “live life to the fullest,” or “live each day as if it were your last”. But what does it exactly mean to live the day as if it were your last? Tim McGraw probably best summed it up in his heart-felt hit song “Live Like You Were Dying.” He would go skydiving, rocky mountain climbing, ride 2.7 seconds on a bull named Fumanchu, love deeper, speak sweeter and give forgiveness he’d been denying.

Most people however would not stop to consider what would happen to the people they would be leaving behind. In other words, how to reach out to their loved ones by making sure they are fully protected. It’s bad enough your family members will be in mourning and grieving your death after you are gone. The last thing you want to do is subject them to serious financial consequences because you didn’t get your estate in order.  With the help of a caring and well-seasoned attorney, you will be able to best structure your assets while minimizing estate related taxes and protecting your loved ones from claims of third party creditors.

There is a medley of estate planning tools that you can choose ranging from Trusts, Wills, Powers of Attorney to Health Care Surrogates.  A qualified and well-experienced attorney will guide you through the process and equip you with these necessary tools so you can rest assure your family is well protected after you’ve finished living your life to the fullest. So the next time you are contemplating jumping out of an airplane, think about your family first. After all, you only get to die once…so seize it the right way.

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?

Did you know that an estimated 71.4 million U.S. households own at least one bird, fish, reptile, cat or dog? It cannot be denied that pets are our beloved companions in life.  Animals have played an important role in the lives of human beings since ancient times.  For example, just look at ancient Egyptian civilization. Different kinds of creatures were highly revered and perceived as representations of deities. A number of mummified cats and carefully wrapped dogs have even been found in Egyptian tombs buried along side their owners! Animals played a significant role in Greek Mythology and the concept of animal spirits that can be called upon for protection & help is evident in Native American cultures.

In today’s society, it is common practice to treat our furry friends as part of the family. And with family, we all know how important it is to make sure they are protected when we die. It is becoming increasingly popular in today’s culture to include pets in our South Florida estate plans through the creation of a Pet Trust. No one can demonstrate this better than real estate mogul Leona Helmsley and Florida heiress Gail Posner. Helmsley left millions in her pet trust fund so her precious Maltese poodle would be taken care of according to her wishes. Posner left $8.3 million Miami mansion and $3 million in her trust fund to her overly pampered Chihuahua. Florida law defines animals as personal property and like other such property are subject to the probate process. So even though Fluffy the cat may seem as part of the family, under the law, Fluffy is just considered akin to a car or piece of jewelry. Not taking Fluffy into account could mean he will end up in a shelter, put to sleep, or thrown out onto the street to fend for himself. For some peace of mind, creating a Pet Trust will ensure the easy transfer of the ownership of pets to make sure they are in good hands after you die. Or, you can follow the ancient Egyptian approach and just have Fluffy join you underground.

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?