Keep Calm and Prepare for April Fools. 

Posted by on Mar 27, 2017 in asset protection, estate planning, Probate, Special Needs Trust, tax, Trusts, Wills |

April Fools is one week away and for some this means it’s time to brace yourself.  Maybe you have children that scheme all year or perhaps you are married to the ultimate prankster – whatever your situation may be, it’s time to prepare for a possible heart attack and get your estate plan in place today.

A properly executed estate plan will allow you to remain in control, to some degree, either during times of incapacity or even after you’re long gone.  By executing some important documents, you can rest easy knowing who will raise your children, how your children’s inheritance will be managed and where everything will be going.  Some important documents to consider include:

  • Revocable Living Trust – Whatever assets held in trust will avoid probate, saving your loved ones the money and hassle.  The trust will also direct the trustee to manage and distribute your assets according to your terms.
  • Last Will & Testament –  Nominate your Personal Representative, choose a Guardian for any minor child, and add any burial or cremation requests.
  • Durable Power of Attorney – Nominate an individual to make financial decisions on your behalf or qualify you for public benefits, should you not be able to do so yourself.
  • Living Will – Advanced directive or “pull the plug” document.  Allows your healthcare surrogate to give the doctor the “ok” to pull the plug if you are being kept alive by artificial means.
  • Designation of Healthcare Surrogate & HIPAA Release – Designate the individual of your choosing to make important healthcare decisions on your behalf, in the event you cannot do so yourself.

Don’t just prepare for the anticipated pranks coming next week – prepare for your future and family today!  Call (954) 944-2855 for your free consultation.

For more information on Estate Planning, Asset Protection, and Probate Administration visit our website at www.wfplaw.com.

It’s A Wild World. Are You Protected?

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DON’T SPILL YOUR GREEN BEER, BUT DO POUR-OVER YOUR TRUST

Posted by on Mar 17, 2017 in Trusts |

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Every St. Patrick’s Day enthusiast is aware of the cardinal rule: spilling your green beer is a celebratory taboo, that of which can only be recovered through another round of green beer. In the world of wealth preservation, however, we encourage the act of spilling all of your property into a trust, through the use of a “pour-over” Last Will & Testament. The pour-over will effectively takes all of the property that passes through the will, and funnels it into a revocable living trust. That property is then distributed to the trust beneficiaries pursuant to the terms of the trust. “Separate share trusts” are used to provide that all of the property in your trust will preserve all of its protections, by requiring that all distributions continue in trust for your beneficiaries. Consider the pour over will to be a tap of green beer. The tap pours the contents into a pitcher, ordered by you, the Grantor. The pitcher is like a Living Trust. Once the pitcher makes it to your table of beneficiaries (aka, the Grantor is deceased), it is poured into separate glasses. These glasses are considered the separate share trusts, as they continue to hold the contents for the benefit of the beneficiaries. Whether it is green beer, or your wealth, be sure to take the necessary precautions to ensure maximum preservation. It’s a Wild World – is your Green Beer Protected?

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FOUR LEAF CLOVERS DON’T EQUAL FOUR YEARS OF COLLEGE

Posted by on Mar 9, 2017 in 529 Plan, Family Law, Trusts |

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FOUR LEAF CLOVERS DON’T EQUAL FOUR YEARS OF COLLEGE
It’s almost that time of year again: the 2015 NCAA tournament brackets will soon be set up, and you’ll be counting on the Luck of the Irish when you make your selections. While the function of college sports is high on the charts for education selection, that’s only half of the battle. What’s left? Funding. Fortunately, if you start planning early, you can ensure that the top four selection is your child’s greatest concern when it comes to a college education. Consider the following estate planning resource as a means of both providing for your child’s college planning, while maximizing tax savings. The Florida 529 Savings Plan allows any U.S. citizen to contribute to a savings account for the benefit of any other. The account is then managed by a professional fund manager who will invest according to your investment option of choice. All federal and state income taxes are then deferred until a withdrawal is made from the account. If such withdrawal is made for a “qualified higher education expense,” there are no income tax consequences. There is no set time for using the plan, and it can be rolled over from one beneficiary to another. Not only does the plan allow you to make monthly payments that are invested to create tax exempt income; you can also use it as a strategy to decrease your gross estate, and avoid gift and estate taxes. The 529-Plan allows the owner to maintain complete control over the account, including the right to terminate and withdrawal, while removing all of its contents from the owner’s taxable gross estate. As a result, it is an incredibly useful tool in reducing taxes, while maintaining control and investing in the future of a loved one It is important to consult with an estate planning attorney and/or financial advisor, as there are a variety of wealth management strategies associated with this plan, and it is important to ensure that such strategy compliments each estate plan.

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