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

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.

Ex-NBA star Lamar Odom was found unconscious, vomiting and foaming from the mouth last week in Las Vegas, Nevada. Since his admission to the hospital, blood tests revealed that both cocaine and opiates were found in his system and he had suffered from an overdose.  Odom’s initial condition was listed as critical and he was comatose for most of the week.  Luckily, his condition has improved significantly and he is now awake and breathing on his own.  Still, Odom’s mental state may not permit him to make his own financial and medical decisions. This tragedy reminds us of how important it is to make certain that all of the necessary healthcare documents are in place and that your estate plan in up to date.

Whether you have never considered an estate plan before or if you have an older plan in place, now is the time to visit our South Florida office for a free consultation. Life is unpredictable and changing constantly.  Therefore, it is important to have an estate plan that is updated accordingly with these changes.  By creating an estate plan, you are ensuring that your loved ones and the wealth you have accumulated are both protected.  The most desirable way to accomplish this goal is by creating a living trust.  Since the trust will hold your assets, they will not be subject to the lengthy and costly process of probate.  Instead, your assets will be distributed in a manner you deem appropriate and to whichever beneficiary you desire.  Unlike a will where your wishes become public record upon your death, the content of your trust will remain private.  The trust based plan will also include all of the necessary healthcare documents, such as:

Durable Power of Attorney: Appoint the individual you see fit to make all of your financial decisions, should you become incapacitated or otherwise unaware of your surroundings.

Designation of Health Care Surrogate:   Designate a healthcare surrogate to handle your medical decisions, should you become incapacitated or otherwise unaware of your surroundings.

Living Will: An important document that allows your healthcare surrogate to give the doctor the necessary authorization to “pull the plug” if you are being kept alive by artificial means.

Lamar Odom’s tragic event is proof of how fragile life can be. Prepare yourself for the unpredictable by calling the South Florida firm of Wild, Felice & Partners today for your free consultation.

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

Tis the season for scary decorations, fun costumes and pumpkin spice everything. As Halloween quickly approaches most Americans are stocking up on candy and preparing their homes for the tiny trick-or-treaters. Yes, having the scariest house on the block is important but properly planning your estate is even more important.

Did you know that less than half of all Florida residents have an estate plan in place? This may be attributed to the fact that most South Floridians feel that they are either too young or not wealthy enough to worry about estate planning. Yet, estate planning isn’t about being wealthy and it’s not about being “the right age.” Estate planning is about being proactive and taking the necessary steps during your lifetime to ensure your loved ones and the wealth you have accumulated are protected. Whether you want asset protection for peace of mind, want to ensure your loved ones avoid the mess of probate or you just want to reduce the possible estate tax, the South Florida law firm of Wild, Felice & Partners can help you accomplish your goals.

There are various techniques that can be used depending on what your goals are. The most desirable technique used in estate planning is the living trust. By creating a revocable living trust you are ensuring that your assets are safe from the possibility of litigation, bankruptcy, and divorce. During your lifetime you can revoke or amend your trust to fit accordingly with any life changes such as a marriage, divorce, children, or a change in wealth accumulated. Once deceased, the assets you included in the trust during your lifetime will avoid probate and, instead, be distributed immediately to the named beneficiaries in the manner that you choose.

Your trust based plan will also include a Pour-Over Will which will make certain that all remaining assets not included in the trust “pour-over” into the trust immediately. Your plan will also include the Durable Power of Attorney, Living Will, Healthcare Surrogate and HIPAA Release form. These healthcare documents allow you to designate and legally authorize someone to act on your behalf in the event you become incapacitated and unable to make both financial and healthcare decisions for yourself. For more information on the revocable living trust or any of the mentioned healthcare documents, please visit our website at http:/www.wfplaw.com.

Make October less scary by contacting the South Florida Estate Planning law firm of Wild, Felice & Partners at 954-944-2855 and schedule your free consultation today.

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

Rumor has it that Leonardo DiCaprio is engaged to his model girlfriend Kelly Rohrbach. This is big news for Hollywood’s ladies man. Time has come for Leo to hang his party hat and to update his estate plan!

Divorce, children, change in wealth accumulated and marriage are all reasons to update your estate plan. A revocable living trust is the most favorable estate planning option. A revocable living trust will offer maximum protection against creditors and the possibility of litigation. A couple considering marriage should consider creating two revocable living trusts. Each spouse will act as co-trustee of each other’s trust and will have full access to the assets held in trust. Upon the death of one spouse, the maximum allowable tax-free distribution will fund a newly created Bypass trust. The remaining assets will then fund a newly created Marital Trust. Assets remain safe for the children who, after both parents are deceased, will save big on estate taxes. In addition to the living revocable trust, every married couple will need the following:

Assignment of Property: These documents will help fund the trusts. Real property, bank and brokerage accounts, and personal property will be safely transferred into the trust.

Pour-Over Will: A will becomes public record upon death. For that reason, it’s best to keep the Will straight to the point. The Pour-Over Will will simply state the living trust exists and will ensure that all remaining assets, should there be any, “pour-over” into the trust immediately.

Power of Attorney: This document is a written authorization that allows the appointed individual to make financial decisions on your behalf, should you become incapacitated or otherwise unaware.

Designation of Health Care Surrogate: By designating a health care surrogate you are appointing an individual to handle your medical decisions, should you become incapacitated or otherwise unaware.

Living Will: The Living Will is an important document that allows your health care surrogate to give the doctor the necessary authorization to “pull the plug” if you are being kept alive artificially.

Marriage is the beginning of a long journey together. What better way to begin that journey than by being fully prepared and protected. Be sure to update your estate plan to fit accordingly with life’s changes. For more information on successful Florida estate planning and asset protection techniques, please visit our website at http://www.wfplaw.com or contact the South Florida law firm of Wild Felice & Partners, P.A. at 954-944-2855 to schedule your free consultation.

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

Coach Joe Philbin of the Miami Dolphins has had a rough season to say the least. With all of the pre-season hype, the Dolphin fans entered the season with playoff expectations but after three straight losses it’s become hard to remain optimistic. The most recent loss in London put Philbin’s job security in question and ultimately resulted in him being fired earlier today. Perhaps a more aggressive approach could have resulted in Philbin avoiding this unfortunate outcome but it’s too late now. While it may be too late for Philbin, the time is just right for you. Now is the time to be both aggressive and proactive in planning for our loved ones and avoid probate.

Probate is the legal process that takes place after someone has passed away. It’s a lengthy process that includes the following

1. Filing the deceased person’s will with the court and proving to the court that the will is valid. During this process the will may be challenged which will only further prolong the process.
2. Identifying and recording the deceased’s person assets.
3. Appraising the property value.
4. Paying off any remaining estate taxes and/or debts.
5. Distribution of the remaining property to deceased’s heirs.

Probate is costly and can take anywhere from six months to well over a year. The court system, debt collectors and lawyers will receive compensation before your family receives anything. Luckily, everyone can avoid probate through a number of ways.

One of the most favorable ways in which to avoid probate is through the creation of a living trust. By creating a living trust, you decide which assets are held in trust and who will receive them upon your death. Any asset held as part of the trust will avoid probate and will immediately be distributed to your beneficiaries by the designated trustee.

Another way in which you can avoid probate is to create a joint ownership of property. Co-owners are also referred to as “joint tenants” and own the property jointly with the right of survivorship. What does this mean? The right of survivorship means that upon one co-owners death the remaining interest is instantly transferred to the surviving owner without the need for probate.

Other ways in which you can avoid probate include gift or beneficiary designations, life insurance policies, and retirement plans. To learn more about probate avoidance and proper planning for your loved ones, schedule your free consultation with Wild, Felice & Partners, PA today. Call (954) 944-2855 or visit our website at http//www.wfplaw.com.

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