YOU ARE WHAT YOU EAT: PASS THE VEGETABLES

Remember the days when your play-time was conditioned on your willingness to eat all of your vegetables? The parental encouragement to “eat your vegetables” has somehow managed to coexist with the warning that “you are what you eat” – which begs the question, who wants to be a vegetable? There are two universal truths: (1) broccoli is not tasty; and (2) no one wants to be a vegetable. But the truth of the matter is, temporary or permanent incapacity can happen to any of us. Thus, supplemental documents need to be in place prior to any capacity issues. We cannot help you develop a taste for broccoli; we can, however, prepare you for the unknown. There are many documents you should have in your plan to ensure that you are prepared when life passes the vegetables. Look to the following health-related documents to plan for the day where you many not wake up and smell the broccoli:

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 chose who’s hands your life is in, right?

Whether or not you are what you eat, and what you eat is vegetables — be sure to include medical-related documents into your estate plan, ensuring you have control when you otherwise would not!

How To Save Money This Back To School Season

August has arrived! The time to mark your calendars for your “back to school sales tax holidays!” This sales tax holiday has provided a couple days for shoppers to ravish the malls and department stores for clothing and school supplies. Here, in South Florida, your tax breaks will cover the standard clothing and school supplies, as well as computers and tablets (priced up to $750).

Florida state Rep., Larry Ahern, stated “[w]e are trying to take some of the burden off Florida families as they prepare for their children going back to school in August.” Speaking of burden’s – if you are participating in back-to-school tax savings, your child’s college years are probably just around the corner! While you can shop ‘til you drop every year, there are other tax-planning techniques that can be used to save for your child’s college expenses, while avoiding those pesky taxes.

The 529 Plan is a tax shelter for college savings. It allows you (or really, anyone) to contribute to an account to save for a designated person’s college education (it can be anyone, including yourself), and is not subject to federal taxation. The money in the plan can be used for any qualified expenses associated with college, including room & board, books, fees, computer, internet, etc. There is no age limit for when the plan can be used, and it can roll over to another family member (if little Jimmy Jr. decides not to go to college, sister Sally can use it). You can maintain control, and appoint a guardian/trustee to manage it upon death. So not only do you avoid tax on withdrawals, but any capital gains are taxfree as well. There is no federal income tax on money in the 529-college savings plan (plus, no income tax in Florida). NOTE: you have to keep in mind that any amount that you put in the 529-plan can be considered a “gift” for transfer tax purposes. However, the “annual exclusion” for the year 2016 (this amount changes every year), allows anyone to can make up to $14,000 in gifts that are excluded from transfer taxes (which are collected upon death, and subject to an exemption that is currently in the amount of $5,450,000).

So while you are stretching your legs for the mall-marathon that will be taking place each August, take a moment to consider the significant tax-free benefits of planning ahead for your child’s college education!

If you enjoy going to the theater, maybe you’ve had a chance to see the movie Me Before You which is currently showing, and is based upon the best-selling book of the same name. The story revolves around a successful, vigorous and adventuresome young man named Will Traynor, who experiences a traumatic accident and is subsequently left a quadriplegic.

Fortunately, it’s fiction and so we can cry and cheer for him as he struggles with love and his reason to live, and when the movie ends, move on with our lives. Yet, it’s hard not to wonder what we’d do if this happened to us or to someone we love. Although you may not be spending your time scaling mountains and traveling to exotic locations as Mr. Traynor did prior to his accident, it’s possible that our lives, and those of our family, could be altered both suddenly and drastically.

It’s hard to consider our vulnerability when our lives are going as swimmingly as Will Traynor’s life had been. Yet when things are smooth, it’s the ideal time to plan for when they might not be. If we’d been written into the book (surely just an oversight), we’d have advised Mr. Traynor to put some thought into his estate plan for this sort of unanticipated event. A few important documents could ensure that you have control of your health and wealth decisions, including a:

• Living Will – An advanced directive that is sometimes called the “pull the plug” document. If you sign this document, it will allow your healthcare surrogate to give the OK to the doctor to remove any artificial life support. This is only after two doctors have agreed that nothing further can be done and that the artificial support is what is keeping you alive.
• Durable Power of Attorney – This document will allow someone to make important financial decisions for you, allow access to accounts and continue to pay bills if you are unable to do so yourself.
• Healthcare Surrogate and HIPAA Release Form – Your healthcare surrogate will make informed medical decisions after reviewing your records, which the HIPAA release will allow them to do. In the event that you are unable to authorize a surgery or make any other type of important medical decision, your healthcare surrogate will step in and do so for you.

Make the important decisions today. Call the estate planning attorneys at Wild, Felice & Partners for your free consultation at (954) 944-2855.

For more information on estate planning, asset protection and probate, visit our website at www.wfplaw.com.

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

Designating your minor children as a beneficiary can be disastrous!  Believe it or not, there is a strategy to listing your beneficiaries; one that can save your family money and stress once you’re gone.  Listen in as Michael Wild explains in greater detail the importance of proper beneficiary designation.  Give us a call at(954) 944-2855 and schedule your free consultation today!

For more information on Estate Planning, visit our website at www.wfplaw.com.

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

Ever wonder why you shouldn’t attempt to draft your own estate plan?  Listen in as Michael Wild shares real world experiences  to help illustrate the dangers involved in creating your own estate plan.  Making a mistake within the drafting or execution of your estate plan can have real consequences and may result in your wishes not being honored.  Call us today for your free consultation at (954) 944-2855.

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

Some artists are fortunate enough to experience a thriving career for a solid decade. Legendary artist David Bowie was able to remain relevant and thrive for more than 40 years.  Bowie, perhaps best known for his glam rock style and movie role in The Labyrinth, passed away at the age of 69 after battling cancer for more than a year.  It’s hard to imagine what his family is experiencing during this troubling time.  Their main focus should be on grieving and consoling one another (and hopefully it is).  Unfortunately, if Bowie didn’t have an estate plan in place this very emotional time may become clouded with legal matters.

Benjamin Franklin put it best when he said “if you fail to plan, you are planning to fail.” While this quote can undoubtedly be applied to many areas of your life, it is especially true when it comes to estate planning.  Estate planning is planning for the distribution or management of your assets in the event that you should become incapacitated or pass away.  The Last Will and Testament is likely the most basic estate planning technique and one everyone should have.  If you are skeptical, then keep in mind that Benjamin Franklin quote as I illustrate what will happen in the event that you don’t have a will in place.  By failing to create a will you are surrendering control over your assets and allowing the state to begin making some very important decisions on your behalf.  The state will decide who will raise your minor children (should you have any), who will act as personal representative and statute will determine who will receive your assets.  This could mean that someone you do not like could end up inheriting all that you own.  Unfortunately, whether you have a will or not, your loved ones will be subject to the probate process (the legal process of administering the decedent’s estate).  However, with a will you can eliminate a lot of stress involved with the probate process, potential arguments between loved ones and ensure that your wishes are not only heard but followed.

You may not be a rock legend like Bowie but you certainly have acquired assets through hard work just as he has. Don’t fail to plan, call the attorneys at Wild, Felice & Partners, P.A. today at 954-944-2855 and schedule your free consultation.

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

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