This week the Supreme Court is grappling with two landmark cases addressing the ban on gay marriage.  The legislation at the forefront of these debates:  Proposition 8 and DOMA.  The court will ask: Are they gender based-classifications, and if so, can such discriminatory laws exist?

Proposition 8 is a California constitutional amendment, passed in November 2008, stating that “only marriage between a man and a woman is valid in California.” Proposition 8 overturned California’s previous Supreme Court’s ruling which recognized that same-sex couples “have a constitutional right to marry.”  DOMA, or the Defense of Marriage Act, is a United States federal law that defines marriage as the “legal union of one man and one woman.”  DOMA was signed into law by President Bill Clinton in September 1996.

While we hope that gay marriage will get passed through Congress soon, couples are still legal strangers under federal law and in most state laws, including Florida.  Even Justice Anthony Kennedy at the Supreme Court acknowledged that there is an “immediate” legal harm to those same-sex couples who cannot be married.

Unless gay couples take advantage of proper estate planning, the truth is that same-sex unions are not recognized and do not have the same legal protections as traditional married couples.  Based upon civil union status, your partner will most likely inherit nothing upon your death and could even be forced to move out of your shared home.  Imagine a scenario with an unmarried couple where one partner dies and there is no will in place.  Legally, the remaining partner does not automatically inherit the shared home, assets, or any of their partner’s personal effects.  Futhermore, same-sex partners in Florida have no legal rights in the following areas:

• No elective share, or inheritance of a portion of the deceased’s estate.
• Not considered next of kin regarding decisions about your partner’s medical treatment when your partner is incapacitated.
• Not considered next of kin regarding hospital visitation rights.
• Not considered next of kin regardingdecisions about your partner’s burial services.
• No protective tax treatment in terms of IRA’s and retirement plans.
• No shared access to their partner’s Social Security benefits or Medicare benefits.

Don’t just sit idle hoping that the government will make the right decision and protect you.   Make sure your beloved partner is protected upon your passing.  At Wild Felice & Partners, we can work with you to draft a comprehensive estate plan to recreate some of the rights and benefits of traditional married couples.

Some key elements include:

• Last Will and Testament to ensure that your estate is not blindly distributed according to intestacy laws.
• Living Will which will specify how you would like to be taken care of in case of incapacity.
• Designation of Health Care Surrogate which will allow yoursame-sex partner to give informed consent for your medical treatment.

Our South Florida law firm treats estate planning in terms of a married couple, so the fee plan for a same-sex couple will naturally get the same treatment.  For more information on how to plan for your partner’s future, contact our South Florida law firm of Wild, Felice & Partners, PA for a free consultation at (954) 944-2855.

Many individuals in Florida are excited to celebrate the upcoming Passover Seder by eating the Matzoh and drinking the wine.  But did you know that “seder” actually means “order” in Hebrew?  This “order” is seen by the 15 parts that make up the rituals of the Passover Seder dinner.

This starts with a pre-Passover spring cleaning and destroying chametz.  Once the holiday arrives, the story of the Exodus is retold through a reading of the Haggadah.  Next comes the most memorable part of Passover, the Seder dinner.  On the table should lay a handful of symbolic foods:  “matzoh” to symbolize the haste with which the Israelites fled Egypt; “zeroah” or roasted lamb shank, to symbolize the sacrificial offering; “maror” or bitter herbs to symbolize the bitterness of slavery, and “beitzah” a roasted egg, as a symbol of life and perpetual existence.

Some serious time and thought goes into planning for Passover and the Seder dinner.  The reason is because we want to preserve our heritage and pass on the legacy to our children and grandchildren.  As you prepare and get things in order for this year’s Passover Seder, put some thought into organizing your Estate Plan and future financial goals for once you pass on.   Creating an estate plan with specific designations can ensure that you pass on your legacy to each family member exactly the way you envision it.

At Wild Felice & Partners, we take customer service very seriously.  We pride ourselves on working together with our clients to set and achieve the desired outcome.  No estate plan is ever cookie cutter.

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. Estate planning is about those friends and family left behind, which is why we first ask our clients what their wealth transfer and asset protection goals are and then explain how we can accomplish those goals together.

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

Today Pope Francis, the 266th pope and first from South America, celebrated the official start of his papacy in St. Peter’s Square.  Approximately 200,000 onlookers cheered and waved flags representing a wealth of nations.  The pope’s message was as clear as the bright blue skies above, “I want to ask you to walk together, and take care of one another.”

Stressing that being a “protector” applies to all of humanity, Pope Francis called for mercy and compassion.  “I would like to ask all those who have positions of responsibility in economic, political and social life, and all men and women of goodwill: let us be protectors of creation, protectors of God’s plan inscribed in nature, protectors of one another and of the environment.”

How can we apply the Pope’s words to our daily lives in Florida?  Don’t just tell your beloved family members that you will protect and care for them.  Show them by setting an appointment with your South Florida estate planning attorney today.  Creating an estate plan with specific designations can ensure that each family member is protected exactly the way you envision.  Our South Florida firm routinely utilizes a variety of estate planning tools, including Trusts, Wills, Powers of Attorney, Health Care Surrogates, Funding Techniques, and more.

The pope has relayed his message and so should you.  Act now and become the protector of your family and loved ones.

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.

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

Throughout the world Shamrocks are a symbol of all things Irish. But did you know they are also symbols of wealth, financial growth, and bling bling?

In Ireland cows depended upon the shamrock (a type of clover) for food. As the clovers grew thick on Irish farms, farmers knew it meant a prosperous winter lay ahead. The proverbial Irish saying “in the clover” equates to Florida’s version of “having deep pockets.”

Regardless of the size of your plot of land this Saint Patrick’s Day, having your South Florida estate planning attorney review your asset protection goals is beneficial to everyone. Estate planning is about providing for those family and friends left behind, which is why we first ask our clients what their wealth transfer and asset protection goals are and then explain how we can accomplish these dreams together. If you don’t protect your hard earned assets now, there may not necessarily be a “pot O gold” awaiting your loved ones at the end of your path.

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.

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

Did you know that the gift bags (aka “swag bags”) celebrities received at this years Academy Awards were valued at more than $47,000? Some of the goodies found inside were thousands of dollars worth of weight loss retreat programs, passes to worldwide VIP nightclubs, expensive hand creams and water filtration devices to name a few. However, these lavish gifts were not really free. The price these celebrities will have to pay comes in the form of a hefty tax bill to Uncle Sam. Each Hollywood star will be required to report the value of these swag bags on his or her federal income tax return for income tax purposes. An estimated calculation at the 2013 top individual tax rate of 39.6 percent means each bag will produce a tax bill of just under $19,000.

Unfortunately, the IRS not only wants a cut out of your ordinary income during your working life, but also wants a cut out of what you own after you die. In the world of estate planning, you basically leave behind your very own swag bag of goodies to your loved ones in the form of assets. These may include your house, car, and cash to name a few. Your beneficiaries may be subjected to another type of tax called the death tax.

An estate valued over $5.12 million becomes a taxable estate which is taxed a top rate of 35%. The tax bill can become astronomical and a huge burden on your loved ones. However, with proper and strategic estate planning from your South Florida estate planning attorney, you can mitigate this burden. The stars try to avoid paying the tax by giving away their swag bags to a qualified charity and claim a tax deduction. Learn about the various options available in estate planning so that you can preserve your wealth and protect your assets.

For more information on how to plan for you business’ future, contact our South Florida law firm of Wild, Felice & Partners, PA for a free consultation at (954) 944-2855.

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

Valentine’s Day is a reminder how important it is to show the special people in our lives just how much we love them. South Florida estate planning is the perfect gift for achieving this. By getting your estate plan in order, you are essentially saying, “I want to make sure you are well taken care of and protected…. physically, financially and emotionally, no matter what happens in life. With this ultimate gift, I want to protect you today, tomorrow, and long after I am gone.” If that doesn’t express true and endless love, I don’t know what will.

After all, we strive to protect our loved ones on a daily basis. We pay for health insurance just in case our children get sick. We pay for car insurance just in case our spouses get into an accident. We save money in a pre-paid college plan just in case our children need help paying for school. Do you see how we consistently plan for life’s “what if’s;” however, we rarely stop to consider life’s “certainty?” The death rate in South Florida is 100 percent. South Florida estate planning protects your family and helps eliminate any tax burden you might shoulder after you are gone.

Don’t just tell that special someone in your life or your beloved family members just how much you love them. Show them by setting an appointment with your South Florida estate planning attorney today. You will be guided through the entire process on how to make sure your loved ones are well-taken care of this Valentine season.

For more information on how to plan for you business’ future, contact our South Florida law firm of Wild, Felice & Partners, PA for a free consultation at (954) 944-2855.

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