Facebook Adds a New Policy Allowing Users to Appoint a Legacy Contact

Posted by on Feb 25, 2015 in asset protection, Legal News |

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Facebook is now thinking smart when it comes to planning for ones departure of this world.  As of February 2015, you can now designate a “legacy contact” in your Facebook settings, which will allow a family member or close friend to manage your account after you pass away. Facebook used to only offer family members the ability to be able to “memorialize” the account which was a basic way for friends and family to still be able to write on the decedent’s wall. This was definitely a nice feature to offer however, the account of the deceased was unable to be managed by anyone.  From a survey that Facebook released, users were upset about this feature so Facebook decided to step up and support those who are grieving.

Here’s how to choose your legacy contact:

  1. Open your setting. Choose security and then Legacy Contact which appears at the bottom of the page.
  2. After designating your legacy contact, you’ll have the option to send a message to that person.

So, what will a legacy contact be able to do?

  • Write a post to display at the top of the memorialized timeline (to announce a memorial service or share a special message)
  • Respond to new friend requests from family members and friends who were not yet connected on Facebook
  • Update the profile picture and cover photo

It’s important to understand that being a legacy contact is different from just logging into someone’s account. The chosen legacy contact will not be able to log in as the person who passed away or see that persons private messages. The legacy contact also cannot edit what the deceased has already posted, or what his or her friends have posted on the page. As a Facebook member, you can change your legacy contact at any time but once you pass away the legacy contact cannot pass along the responsibility to someone else. With that being said, make sure the designated legacy is aware of the responsibilities and agrees to keep your social media account the way that you want it to remain.

Aside from the designated legacy having those rights, friends and family will still be able to write on the person’s wall to keep them in memory.

If you don’t feel comfortable or decide to opt out of designating a legacy contact, Facebook also gives you the option to delete your whole account after death.

Plan smart when it comes to managing your assets and now your Facebook account after you depart because as we always say, it’s a Wild world, are you protected?

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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Where Did Robin Williams Estate Plan Go Wrong?

Posted by on Dec 2, 2014 in Legal News |

Robin Williams In August of 2014, we were all shocked to hear about the tragic death of Robin Williams. What some of us may question is whether his assets were protected? Mr. Williams decided to opt out of a will and leave separate trusts for his three children and his current spouse. Which is great to keep documentation private and to leave out the long dreadful process of probate. However, in Mr. Williams’ case, his records were revealed. Why? Because he failed to appoint a successor trustee. The original trustee of the trusts had died leaving it up to the California probate court to appoint a successor trustee. Once documentation gets put into the court’s hands, it becomes public record. Unfortunately his plan to keep documentation private failed.

In this case, Mr. Williams did plan in advance and tried to keep his affairs outside of probate court, but, his trusts required a little more planning. Without proper planning, you can encounter some bumps in the road.

Here at WFP Law we ensure that you have a backup plan. Let us help you make the right decisions when it comes to Estate Planning in Florida. Come in today for a free consultation and learn how to avoid situations like these.

 

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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What is probate? How do I avoid it?

Posted by on Nov 20, 2014 in Legal News, Probate, Trusts, Wills |

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Probate is a legal process that takes place after someone dies. This includes:

  1. Proving to the Court that the Will is valid
  2. Identifying and recording the deceased’s personal items
  3. Appraising the property
  4. Paying remaining taxes and debts
  5. Providing remaining property to heirs

Just five simple steps, right? Wrong.

By reading the aforementioned process, you must believe probate goes something like this…

Grandma dies, grandma’s will is read by the court, grandma pays her taxes, then grandma gives her prized mahjong set to her favorite son. The family then skips off into sunset and lives happily ever after.

In an ideal world, we would all be eating milk and cookies while listening to the final requests of Bubbe. But the truth is, probate is a long, arduous, stressful process that does not include milk and cookies. In fact, by the time you are done with probate, you might feel like you are on the verge of death yourself.

Like your mother-in-law, probate is something you might want to avoid. But unlike your mother-in-law, probate is something you can avoid by visiting with an estate planning attorney and setting up a revocable trust.

It would behoove you to work with the estate-planning attorneys at Wild Felice & Partners and avoid the hell on earth called probate.

Here are three ways to avoid probate:

  1. Living Trust: Living trusts were invented to avoid probate. Any asset held as part of a trust will avoid probate. This is so important so we will repeat that, any property within a trust will avoid probate. After the death of your loved one, the trustee can easily and quickly transfer the trust property to the family or friends it was designated to, without probate.
  1. Joint Ownership of Property: By adding someone else to take title on your property, the papers show ownership. Therefore, when the owner dies, the property goes to the other joint-owner – no probate involved. However, you should NEVER own something with someone you aren’t married to. There are asset protection and tax consequences to doing to.
  1. Gifts/Beneficiary Designations: Giving away property while you’re alive helps you avoid probate for a very simple reason: If you don’t own it when you die, it doesn’t have to go through probate. That lowers probate costs because, as a general rule, the higher the monetary value of the assets that go through probate, the higher the expense. However, be prepared to pay gift tax for any gift over $14,000 in a given year. Gifting at the time of death, via Trust or beneficiary designation, is much more affordable.

Losing a loved one is already a stressful and arduous experience. Why would you chose to allow your family to suffer through probate during their time of mourning? It is recommended to contact an estate-planning attorney to ensure your assets are all protected, including the mahjong set.

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Estate Planning Blunders: Stories that will make you cringe, cry and just shake your head.

Posted by on Oct 29, 2014 in estate planning, Legal News |

 

Estate Planning Blunders

Estate Planning Blunders

We all make mistakes.

Forgot to turn off the coffee pot, oops.

Burnt the chicken, things happen.

Give all your retirement savings to your ex-husband instead of your children, no big deal.

Here is where we insert the sound of a screeching halt.

People make mistakes, but the latter of the three should not be one of them.

As Halloween approaches, it’s time to gather around and tell the scariest stories you have ever heard. Disclaimer: these stories may cause one to lose sleep, experience night sweats, and worst of all… call an attorney.

Story I: The not-so-wise old man.

Benjamin* was successful gentleman; he worked hard and amassed significant wealth throughout his life. One day, Benjamin met a beautiful younger woman. As a widow, he was happy to have found someone to enjoy his time with. Benjamin was smitten over the bombshell and decided to take the relationship to the next level and give her partial control of his assets during his lifetime.

Unbeknownst to him, the girlfriend had transferred a significant portion of the estate to herself. At his death, his children were left with nothing. Once it was discovered, it was too late. The assets were spent or transferred out of jurisdiction.

The lesson learned: don’t date young women or pick the right person to be in control of your assets before and after your passing.

Story II: Money to strangers

As an attorney looked over his client’s trust he became a little disturbed. William* was set to give $50,000 to two different people that he did not even know! How is that even possible you ask?

William knew he had to set up a trust. One night he used the trusted and credible Internet to do so. However, when he copied and pasted an old trust from the Internet, he failed to take out the previous information.

Thank goodness William was smart enough to meet with an attorney and get this fixed before it could have been a true horror story. 

Story III: Cheap is expensive.

We all love the Mad Libs game. You get a story and are prompted to fill in the blanks within the story before reading it. It always ends in barrels of laughter. This story however, does not leave anyone laughing.

Probate is not a game, but perhaps Alice* thought so. Ninety-year-old Alice decided to get preprinted wills from a local office supply store. Much like Mad Libs, Alice filled in the empty spaces and considered this paperwork her will. Upon her death, this “document” failed to conform to the laws of the state in which she lived.

Rather than paying an experienced attorney to prepare her will, her family suffered through a long, lengthy and costly probate. No laughing matter there…

*All names have been changed

To learn more about Estate Planning  and avoiding these situations, visit our website at www.wfplaw.com, you can also schedule a free consultation at http://wfplaw.com/Contact-Us.html.

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What is Estate Planning? Answer in under one minute.

Posted by on Oct 15, 2014 in Legal News |

What is Estate Planning?

Bobby has heard he needs estate planning, but Bobby is too embarrassed to admit he doesn’t know what estate planning actually is? Don’t be embarrassed Bobby. Estate planning covers the transfer of property at death, as well as a variety of other personal matters. The core documents associated with estate planning are your will and your trust. Depending on your estate, it may or may not involve tax planning. At WFP, estate planning is really counseling from professional advisors who are familiar with your goals and concerns, your assets and how they are owned, and your family structure. This should be a personal process and is all about what you want. Don’t trust a lawyer who tries to give you some cookie cutter document.

To learn more about estate planning click here, you can also call the experienced South Florida estate planning attorneys at WFP at 954-944-2855 for a free consultation today.

Wild Felice & Partners, PA
Attorneys at Law
101 North Pine Island Road,
Suite 201
Fort Lauderdale, Florida 33324

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What Is an Irrevocable Trust?

Posted by on Oct 9, 2014 in Legal News, Trusts |

What Is an Irrevocable Trust?

An irrevocable trust is an estate planning and asset protection tool that provides creditor protection and gives the grantor extended control over the assets. With an irremovable trust, the grantor gives away the asset to the beneficiaries during the grantor’s life. Because the asset is for the benefit of the beneficiaries and not the grantors, creditor of the grantor can’t reach it because it is in a trust, creditors of the beneficiaries can’t reach it either. The only downside to an irrevocable trust is that upon the execution, the grantor loses control of the asset, even while he is alive.

To learn more about irrevocable trust visit http://wfplaw.com/Irrevocable-Trusts.html or you can call WFP at 954-944-2855 today for a free consultation.

Wild Felice & Partners, PA
Attorneys at Law
101 North Pine Island Road,
Suite 201
Fort Lauderdale, Florida 33324

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