December Is Hot! Failing to Plan is Not.

Posted by on Dec 14, 2015 in asset protection, Business Plan, Elder Law, estate planning, Probate, Trusts, Wills |

Let’s face it – we all had high hopes for a cooler winter. Yet, any hope we had has definitely been blown away but what feels like a summertime breeze. This December has produced record breaking temperatures. Throughout the month, temperatures have remained above average across much of the United States. Luckily December is early in the winter season which means some of us still have hope for cool weather but for now, it’s hot. While December is most definitely hot, not having a plan for your future is not. We have been taught from earlier years that planning is important. In high school we bought a day planner for class and likely way too many highlighters. In college, we had to map out our schedules and finances, and probably still bought way too many highlights. As an adult we are tasked with so many responsibilities, which is why it is essential to plan for the unforeseen. No matter what stage of life you are in, our attorneys can help you:

BUSINESS: Are you a business owner? Maybe you are the sole proprietor of a brand new Limited Liability Company (“LLC”) or perhaps just joined a multi-member LLC. If so, then you need to consult a qualified attorney regarding either an Operating Agreement or Partnership Agreement. These documents will include provisions relating to business and equity structure, management and what is perhaps most important in terms of estate planning; the right to transfer membership interest and restrictions on such transfers. These documents are “living” documents, meaning that they should be amended accordingly as the needs of the business change.

FAMILY: Whether you are single or married; if you have young children you really need to consider an estate plan. The most favorable plan is the trust based plan. By creating a Living Trust, you are able to control where your assets go, who gets them, and even when they get them. You can set limitations on the disbursement of assets to ensure your children first go to college or reach a mature age, in the event you are not here. The assets remain protected against unsecured creditors too, so you can rest assured that your assets stay in the family. Along with your Living Trust, you will also receive a Last Will and Testament, Living Will, Assignment of Property, Durable Power of Attorney, Healthcare Surrogate and HIPAA Release.

ELDERLY: The needs of the elderly differ greatly which is why it is crucial to have an elder law attorney assist in their planning. Whether it’s planning for long term care, Medicaid or Medicare planning, or creating the necessary documents to avoid a court appointed guardian, our attorneys can help.

CHANGES: As life changes your plan will need to change with it. If you are recently married, divorced, remarried, have had additional children or experienced any other major life changing events, contact the law office of Wild, Felice & Partners and allow our attorneys to update your estate plan to ensure your needs are met and your goals are achieved.

Let December be the only reason you break a sweat this month. Plan ahead and worry less! Call the To learn more about estate planning, probate and asset protection, visit our website at www.wfplaw.com or call 954-944-2855 to schedule your free consultation.

It’s Wild World. Are You Protected? SM

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Holiday Celebrations, a New Year and an Estate Plan!

Posted by on Dec 7, 2015 in asset protection, estate planning, Probate, Trusts, Wills |

Tis the season for holiday flavored coffees, decorations galore and New Year resolutions.  Whether you’ve been naughty or nice, be sure to also contemplate creating an estate plan for your future.

No matter what stage of life you may be in, everyone needs an estate plan.  Regardless of how much you may or may not own, the goal remains the same: protect the wealth you’ve accumulated for yourself and your loved ones.  Did you know that if you do not have an estate plan in place that your assets will be automatically distributed “per stirpes” and subject to probate?  Per stirpes is as gross as it sounds!  It means you have no control over who will receive your estate, the State does!  Probate, the legal process of proving a Will, will then tie up those assets for a long period of time before your beneficiaries receive their share.  By creating an estate plan, such as a living trust, you are able to avoid unnecessary taxes, control the manner of distribution and provide protection for your beneficiaries against possible litigation, divorce, creditors or bankruptcy.  In fact, there are a variety of estate planning tools that ensure you are providing the most protection for yourself and your family:

  1. Living Trust – allows for your estate to avoid probate (the legal process of determining whether a will is valid) and for you to control who receives what and how they will receive it. A living trust offers ultimate protection for your beneficiaries against the possibility of divorce, litigation, bankruptcy and against creditors.
  2.  Assignment of Property – This document assigns your property to your trust. This includes both real & personal property. A trust is useless if there is no property in it.
  3.  Last Will & Testament – The traditional will that is used upon death to distribute property to beneficiaries, specify last wishes, and name guardians for minor children.
  4.  Durable Power of Attorney – This document allows you to designate and authorize someone to legally act on your behalf, in the event that you become incapacitated or otherwise incapable.
  5.  Combination Living Will & Designation of Healthcare Surrogate – This document outlines important healthcare decisions in advance, and allows for you to appoint a healthcare surrogate to make healthcare decisions for you when you become unable to do so yourself.

Before you bust out your winter boots to go get your Gingerbread Latte and begin making your New Year’s Resolutions, call one of our qualified Estate Planning attorneys for your free consultation at 954-944-2855.  For more information on successful Florida estate planning and asset protection techniques, please visit our website at http://www.wfplaw.com.

It’s a Wild world. Are You Protected?SM

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Goodbye November. Hello New Estate Plan!

Posted by on Nov 23, 2015 in asset protection, estate planning, Probate, Trusts, Wills |

November is coming to a close and the end of the 2015 is upon us.  Now is the time when many Americans begin to think of what they are thankful for while simultaneously considering what they want to change in the coming New Year.  Health is usually a top contender on the “Thankful” list while living a healthier life ranks in the top three on the “Things I’d Like to Change” list.  Your health is something that should never be taken for granted considering how fragile life is and living a healthier lifestyle will most definitely improve your health.  However, less stress and peace of mind will also lead to a healthier you.  Consider adding to your list creating an estate plan and achieve ultimate peace of mind for both you and your loved ones.

Did you know that without an estate plan your estate will be subject to probate?  Probate is the method by which your estate is administered and processed through the legal system if you die without a will. This means that your debts and taxes will be paid before your beneficiaries receive their inheritance.  This also means that you have no control over who receives what or how they receive it; meaning, someone you may not even like could end up with all that you have worked for.  Fortunately, there are legal methods that allow you to make the process of distributing assets after death less costly, less stressful and that allow you to remain in control.

First, consider a Will.  Creating a Will is the first step in the right direction to help ease the stresses associated with the probate process; however, this is not all that you will need. Consider placing your property in Trust to protect it from creditors, to control the manner in which your assets are distributed and to avoid probate all together.  Also, be sure to have an estate planning attorney draft a Power of Attorney, a Living Will and a Designation of Healthcare Surrogate as part of your estate plan.  These documents will not only ensure that your family will be protected but they will also designate an individual you trust to make legal and health related decisions for you when you are no longer able to make them yourself.

Planning for the future will save your family members additional grief, unnecessary stress and allow you to control how and to whom your assets are distributed.  An attorney that specializes in estate planning can help explain the legal tools that are available to each individual depending on their specific goals.  As November passes and the New Year approaches, add scheduling your free consultation with Wild, Felice & Partners, P.A. to your list and allow our attorneys to provide you with peace of mind.

It’s a Wild world. Are you protected? SM

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.

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Should Turkeys Have Estate Plans?

Posted by on Nov 9, 2015 in asset protection, estate planning, Trusts, Wills |

Thanksgiving dinner is full of estate planning tips. The turkey reminds us that life is often shorter than we expect and putting off that estate plan until tomorrow could prove disastrous if you end up stuffed and roasted or even deep fried. The candied yams show us that even something that looks boring can be incredibly important when prepared correctly. The vegetables on our plates are a good analogy for the necessity of a legally valid Living Will… well, for obvious reasons. The pecan pie doesn’t remind me of anything but I really like pecan pie so I thought I should mention it anyway. This Thanksgiving let’s learn from our delicious dinner. Don’t just be thankful for your family and all that you have, protect it!

Estate Planning is appropriate for everyone no matter what stage of life they are in. Protecting your wealth and preparing for unforeseen accidents remain equally important whether you are older and have accumulated a great deal of wealth or are young in years.  Without the proper planning, your assets will be distributed by statute and in a manner that may be undesirable.  By creating an estate plan, you have control over where your assets go and in what manner they get there. A proper estate plan will eliminate the probate process, may reduce taxes and will protect the assets against possible litigation, divorce or other troubles your beneficiaries may face.  To protect your assets, yourself and your family, consider the following documents:

  1. Living Trust – The Trust will keep the assets it hold segregated from your estate which will allow the assets to avoid probate (the legal process of determining whether a will is valid). By avoiding probate you remain in control and can choose who receives what and how they will receive it.
  2.  Assignment of Property – This Assignment of Property does just that: assigns your property to your trust. This includes both real & personal property. This document is important because a Trust without property is ineffective and useless.
  3.  Last Will & Testament – The traditional will that is used upon death to distribute property to beneficiaries, specify last wishes, and name guardians for minor children.
  4.  Durable Power of Attorney – Designate and authorize someone to legally act on your behalf, in the event that you become incapacitated or otherwise incapable.
  5.  Combination Living Will & Designation of Healthcare Surrogate – Outlines important healthcare decisions in advance, and allows for you to appoint a healthcare surrogate to make healthcare decisions for you when you become unable to do so yourself.

Don’t be a Turkey this November, get your estate plan today! Schedule your free consultation by contacting the South Florida office Wild, Felice & Partners, P.A. at (954) 944-2855.  To learn more about Estate Planning and Asset Protection visit our website at www.wfplaw.com.

It’s Wild World. Are You Protected? SM

 

 

 

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Don’t strike out! Protect your assets.

Posted by on Oct 29, 2015 in asset protection, Business Plan, estate planning, Probate, Trusts, Wills |

With the World Series now underway, the New York Mets face off against the Kansas City Royals. This should be quite the battle since the Royals have not held a World Series title since 1985 and the Mets have not seen a title in the last 29 years.  Each team is undoubtedly pumped and their fans are likely wearing their lucky unwashed undergarments (gross but necessary).  Just as each team is taking the necessary steps to avoid striking out come game time, you too should take the necessary steps to protect your assets and be prepared for any curve ball life may throw your way.

Every individual, no matter what their circumstances are, should be concerned with protecting their assets. With 16 million new civil suits being filed each year, no one is completely safe from the possibility of litigation.  No need to be stifled with fear, however.  At Wild, Felice & Partners, P.A., our attorneys focus on asset protection through estate planning and business formation.

Estate planning

The most favorable estate planning tool is the Living Trust.  By creating a Living Trust you are protecting your assets and loved ones from probate.  Probate, the legal process of proving one’s will, is costly and can take anywhere from 6 to 12 months to complete.  Avoiding probate through the creation of a Living Trust allows for the assets you leave behind to be distributed timely and in any manner you deem suitable.  Further, the assets remain protected long after you’re gone as they are segregated from any possible lawsuit, divorce, or bankruptcy your beneficiaries may become part of.  Other important documents that will be included in your trust based plan include a last will and testament, assignment of property, durable power of attorney, living will, healthcare surrogate and HIPAA release form.

Business formation

Asset protection for business owners begins with choosing the proper business form. Whether you own a business as a sole proprietor or as part of a general partnership you can be held personally liable for all of the debts of the business.  However, you can avoid these business debts and protect your assets through creating a Limited partnership, Limited Liability Company, or Corporation.

The Limited Liability Company (“LLC”) is a commonly used structure that offers higher liability protection than a corporation would. Once the LLC is formed it then assumes ownership of the assets.  By eliminating your personal ownership and, instead, owning your assets in an LLC, you are safeguarded from being pulled into a lawsuit brought against you.  This means your home and personal accounts (i.e. bank account) remain untouched since you are not personally liable.  This feature allows the LLC members to remain in control of the assets without having to worry about any risk associated with having title in their name.  Since there are many steps involved in properly forming an LLC, it is imperative that you contact a qualified attorney to assist you from start to finish.

Don’t strike out. Protect your assets from probate or a possible business debt. Whether estate planning or business formation is the appropriate technique for you, our attorneys can assist you.  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 and schedule your free consultation, or visit our website at www.wfplaw.com

It’s a Wild World. Are You Protected?  SM.

 

 

 

 

 

 

 

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Costumes That Cover Your Assets

Posted by on Oct 27, 2015 in asset protection |

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This Halloween Season, Explore The Variety of Estate Planning Costumes that Are Styled Particularly to Fit Your Assets!

It’s that time of year where the shelves are stocked with a Wild variety of costumes – everything from monsters and zombies, to an assortment of forest creatures and Disney princesses. The only question now: which one fits just right? Similarly, to put together a proper estate plan, you must beg the same question. In determining what estate planning strategies fit your needs, consider the following “costumes:”

The Digital Robot: Whether you are going for Star Wars’ C-3PO or a more modern Transformer, your entire outfit is all about protecting your digital assets. These digital assets include bank accounts, email accounts, digital documents, pictures, items saved on your cellular phone, blogs, Facebook, Instagram, etc. While many may advise you to simply incorporate your digital asset wishes into your will, doing so can be problematic when it comes to privacy. When a will is admitted to probate, its contents become public record. Thus, any private digital asset information you place in your will is exposed to the public through probate. As an alternative, said information can be placed in a separate document that is referenced in the will; or better yet, placed into a trust. This way, your social media identity remains private, and you can receive all of the same benefits mentioned above. Furthermore, don’t forget to consider the privacy policies and terms regarding deceased users that are agreed to upon creation of many social media sites. Make sure you have an attorney assisting you in ensuring your digital assets are protected.

The Sick Witch – Have you ever wondered why the Witch is always green? Clearly, she’s sick – which is why she needs to incorporate health related documents into her estate plan! As much as we want to fight it, there is a Sick-Witch in everyone’s future – which is why we all need the following documents in our estate plans: (1) Durable Power of Attorney – this allows you to designate and authorize someone to legally act on your behalf, in the event that you become incapacitated. The instrument will specifically state the powers that you are giving the person that you nominate to act on your behalf. Furthermore, this person must make decisions that are in your best interest, not their own. Take careful consideration in determining who you want stepping into your shoes. (2) Combination Living Will & Designation of Healthcare Surrogate – this outlines important healthcare decisions in advance, and appoints a healthcare surrogate to make healthcare decisions for you when you become unable to do so yourself. Be certain to name someone, otherwise, a proxy may be designated in which you would never chose yourself. You want to choose whose hands your life is in, right?

The Wise Wizard – This Wizard knows that the best magic is that of a Trust. For many, especially young Wizards who have yet to build up their assets, an Irrevocable Life Insurance Trust (“ILIT”) can be very beneficial. For the Wise-Wizard-Parents, you can ensure that you are providing for your children, by having your life insurance policy go into a trust, which incorporates your intent regarding when and how your children receive the money. Furthermore, many people don’t realize that the proceeds of life insurance are included in the gross estate of the “owner” upon death (possibly using up a lot of your transfer tax exemption). Using an ILIT removes the “incidents of ownership” over the proceeds, and therefore your estate does not have to pay estate taxes on it. Additionally, when it is set up for the benefit of your spouse, then passes to children; when your spouse dies, the proceeds will not be included in his/her gross estate either. You can also set up the ILIT to a Dynasty Trust or Generation Skipping Trust, for the continued benefit of future generations. The Wise Wizard can use an ILIT for the following benefits: (1) avoid estate tax of proceeds; (2) shelter property from creditors at death; (3) provide income and support for beneficiaries; & (4) meet the liquidity needs of the Grantor’s estate.

The Go-To-Goblin: This is the big scary monster costume that you can always fall back on. It is composed of the following documents: (1) Living Trust – as discussed previously, a living trust is a great way to avoid probate & protect your assets; (2) Assignment of Property – this is exactly that, assigning your property to your trust. This includes both real & personal property. A trust does not do anything for you if there is no property in it; (3) Last Will & Testament – this is your traditional will that is used upon death to distribute property to beneficiaries, specify last wishes, and name guardians for minor children; (4) Durable Power of Attorney; & (5) Combination Living Will & Designation of Healthcare Surrogate (discussed in the Sick Witch costume above).

 

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