Let’s face it – life requires insurance.  Cars crash, homes get flooded and people pass away. As morbid as this topic may seem it’s purely realistic and the best way to deal with it is to be prepared.  Most Americans fail to realize the importance of life insurance.  Once a loved one passes, they are likely to leave behind a variation of expenses such as a funeral bill, business expenses, or an unpaid mortgage.  These expenses can cause the surviving family to deal with an unnecessary financial burden and experience a great deal of stress.  Have no fear, life insurance is a great way to alleviate this stress!  Once your policy is coupled with the right estate planning technique you can walk away with peace of mind knowing that the family will be fully protected.

An Irrevocable Life Insurance Trust (ILIT) is an estate planning tool that is commonly used.  The ILIT will allow your family to continue to benefit from the life insurance policy without the hassle of a possible tax issue.  Great news, right?!  Here is how it works:  The ILIT transfers the benefit into the trust while you relinquish all control over the policy.  This relinquishment of control is required by the IRS to avoid possible estate taxes.  Doing this removes the life insurance policy from your estate and decreases any potential taxation the family may have faced.  Now, all that remains is an increase in overall asset protection for the family!

Considering creating an ILIT?  Be sure to first consider who you will designate as Trustee, the individual who will distribute the assets, as well as who you wish to designate as a beneficiary (can be a spouse, child or any other individual you deem appropriate).  The terms of the trust are up to you – you can choose how you wish the assets to be distributed but be certain you are happy with how it’s created because once in place the terms of the ILIT cannot be changed.

This estate planning technique offers tax free protection for the family.  Alleviate the potential financial burden your family could face by calling an experienced estate planning attorney today!

For more information on successful Florida estate planning and asset protection techniques, please contact the South Florida law firm of Wild Felice & Partners at 954-944-2855 to schedule your free consultation.

It’s a Wild World.  Are You Protected?

THE TRANSFER OF YOUR ASSETS: AS EASY AS PUMPKIN PIE!

Using a Revocable Trust and other advanced planning techniques will assure your family an easy transition of assets upon your death

As you are preparing for this upcoming thanksgiving dinner, you may come to the realization that while pumpkin pie is a tad bit more complicated to bake than its kin, Apple Pie; it sure is easy to eat! The same rings true for an estate plan that uses advanced planning techniques to provide for an easy transition of assets upon your death. It may be easier to simply make a Last Will & Testament that states your wishes; however, that is going to result in a gruesome probate experience for the loved ones you leave behind.

So now you are wondering, what is so special about a Revocable Trust based estate plan? Let us answer this question with another question: If you became incapacitated or died, would you have the following benefits?

• asset protection
•  control over your assets
•  protection for your loved ones
•  preclusion of unnecessary taxes
•  creditor protection
•  limited/no transfer taxes for following generations
•  probate avoidance

Absent a full trust-based estate plan, you answer will likely be “no.” A Revocable Trust based estate plan provides all of these benefits, and more. We have already discussed the documents that are imperative to prepare for incapacity (see “You Are What You Eat: Pass The Vegetables”). Now let us take a look at those that provide protection over your assets and their proper distribution.

Pour Over Last Will & Testament and Revocable Trust – The will coupled with a revocable trust effectively bypasses probate, which is the validation of the will — a process that is often incredibly time consuming and often expensive. The pour-over will takes all of the property that passes through the will, and funnels it into the trust. That property is then distributed to the trust beneficiaries pursuant to the terms of the trust. A pour-over will functions to ensure that all of the decedent’s property is transferred to trust. Think of the pour-over will as a safety net that catches all of the assets that were not properly transferred into trust. All the contents of the net are then poured into the trust, ensuring that all of the property is ultimately distributed through the living trust. Furthermore, all of the decedent’s property is distributed by the terms of one document alone (the trust), allowing for simplicity and clarity.

Assignment of Property to Trust – the assignment of property places all of your property into the trust. This avoids costs, loss of privacy, & headache associated with probate. Therefore, when all of your assets are distributed through the trust, there is nothing within the will to validate. As an alternative, you can merely assign property to the trust that you specifically want to preclude from probate, for the purposes of privacy.

For more information on successful Florida estate planning and asset protection techniques, please contact the South Florida law firm of Wild Felice & Partners, P.A. at 954-944-2855 to schedule your free consultation.

A turkey is essential as a delicious sleep inducing holiday dish, but when it comes to your estate plan, you want to keep the gobble-gobble to a minimum. There are a variety of life events that can turn your estate plan into a turkey. This is why it is incredibly important to have your estate plan reviewed to ensure that it is still effective and true to your goals. While there is no specific time for when you need to have your estate plan reviewed, every three to five years is generally sufficient. However, if there is any particular life event that takes place that will affect your relationships or distributions, you may want to have your plan reviewed for alterations. Such life events include the following:

Children: Sometimes your Will & Last Testament will provide for after-born children, but you should take the document to your estate-planning attorney to ensure that your little bundle of joy is provided for. Additionally, you may want to set up a trust, a 529-college plan, alter beneficiary designations in your will, and nominate a legal guardian.

Marriage & Divorce: if you have recently married or divorced, you will want to take your current estate plan to your attorney to determine whether these life events are addressed in the documents. Furthermore, you may want to change your Personal Representative, Trustee’s, Guardian’s, etc.

Estate Size Increase: You want to make certain that your estate plans are tailored to your estate size. Therefore, when your estate increases, you may want to make some changes in terms of tax and estate planning. Furthermore, if you have an estate plan that is set up to avoid probate, and acquire new property, you will want to assign that property to your living trust. You also may want to consider a variety of estate planning strategies, anywhere from setting up an LLC to protect certain assets from lawsuits, to reducing the size of your estate for tax purposes.

If you have experienced any similar changes or time lapses since creating an estate plan, keep your turkey in its rightful place as an entree, and out of your estate plan — have it reviewed today! It’s a Wild world. Are you still protected?

Some clients come to us wanting to give leave their assets to their favorite charity.  While some wish to leave all of it to a charitable cause others wish to leave certain properties or assets and keep the rest for their family.  Estate planning is such an amazing area of law with an array of vehicles that allow for experienced attorneys to plan for clients no matter what their needs may be.  Not only is there a trust that can accomplish this specific charitable goal but it can also provide tax deductions, asset protection and provide income for the lifetime of the Grantor- that’s you!  Meet the Charitable Remainder Trust.

The Charitable Remainder Trust is a great vehicle that will support your philanthropic side while continuing to provide for you and your family during your lifetime.  Here is how it works:  you as Grantor would transfer the property you wish to donate into the trust and designate a trustee.  Typically, the charity is designated as trustee and manages or invests your assets in order to generate some income.  You then will receive a percentage of the profits for a specific period of time that you choose -this will be laid out in the terms of the trust.  While these assets are held in trust they remain protected against unsecured creditors, allow you to earn a tax deduction and provide you with a lifetime annual income.  After you pass away, all of the assets that were held in the Charitable Remainder Trust, as well as any profits or residual interest that may have been generated, then become property of the charitable organization.  There really are no losers with this type of trust.  You win in a number of ways during your lifetime and then provide support to a charitable organization of your choosing upon your passing.  Everyone is a winner!

If you wish to protect your assets, save on taxes, provide for yourself and your family and then leave your legacy to a charitable organization then call us today for your free consultation at (954)944-2855.

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

IT’S A WILD WORLD.  ARE YOU PROTECTED?

If you’re like most of us then your fantasy football draft parties have ended, your team is locked in and you’re ready to be glued to the screen every Football Sunday.  If you planned properly you just might win that money at the end and, more importantly, bragging rights.  Planning is crucial to success, both in football and in life.  As such, a successful estate plan will require some planning ahead. 

Whether you’re single, married, have children or don’t – you WILL benefit from estate planning.  Creating an estate plan means you remain in control over your assets even after your death.  When children enter the picture, you’re going to want to ensure that they are provided for.  Your estate plan will not only allow for your children’s financial needs to be met but will provide for their emotional needs as well. Every estate plan created provides full protection through the creation of seven documents: The Living Revocable Trust, Assignment of Property to the Trust, Last Will and Testament, Living Will, Durable Power of Attorney, Healthcare Surrogate, and HIPAA Release.  The Last Will and Testament is where you will appoint a Guardian to raise your child.  If you don’t want the guardian to have control over the child’s finances, then you can appoint a different individual for that task.  You may also lay out any specific cremation or burial requests and designate a Personal Representative in your Will.  Your Durable Power of Attorney will designate individuals to make important financial decisions on your behalf while the Healthcare Surrogate will appoint someone to make important healthcare decisions for you.  The plan is flexible and can be created to accomplish your specific goals.

Don’t delay.  Do plan ahead!  Take a break from your football obsessions and make an appointment to get your estate plan today.  Consultations are free and the peace of mind from preparing is priceless so call (954) 944-2855 to make your appointment today!

IT’S A WILD WORLD.  ARE YOU PROTECTED? SM

No Time To Take A Knee: Your Estate Plan Needs A New Formation

Estate Planning is never just “set it and forget it.” No matter what the scoreboard says, it is always important to have your estate plan reviewed by an estate planning attorney every three to five years.

Even when you are halfway through the game, and in the lead, you would never just take a knee and rely on your winning position. This applies in estate planning as well, because even when you are prepared and in a winning position, you have to keep up with the game in order to ensure your “win.” There are a variety of life events that can create a need for new strategies, which is why it is so important to have your estate plan reviewed to ensure that your game plan is still effective. There is no specific time for when you need to have your estate plan reviewed, but generally every three to five years is sufficient. However, if there is any particular life event that takes place that will affect your relationships or distributions, you may want to have your plan reviewed for alterations. Such life events include the following:

Marriage & Divorce: if you have recently married or divorced, you will want to take your current estate plan to your attorney to determine whether these life events are addressed in the documents. Furthermore, you may want to change your Personal Representative, Trustee’s, Guardian’s, etc.

Children: Sometimes your Will & Last Testament will provide for after-born children, but you should take the document to your estate-planning attorney to ensure that your little bundle of joy is provided for. Additionally, you may want to set up a trust, a 529- college plan, alter beneficiary designations in your will, and nominate a legal guardian.

Estate Size Increase: You want to make certain that your estate plans are tailored to your estate size. Therefore, when your estate increases, you may want to make some changes in terms of tax and estate planning. Furthermore, if you have an estate plan that is set up to avoid probate, and acquire new property, you will want to assign that property to your living trust. You also may want to consider a variety of estate planning strategies, anywhere from setting up an LLC to protect certain assets from lawsuits, to reducing the size of your estate for tax purposes.