The Golden Age Of South Florida Estate Planning

Posted by on Nov 9, 2012 in asset protection, estate planning, Legal News, tax |

This year could be your once in a lifetime year-end 2012 estate tax planning opportunity. However, you should act fast considering there are only 53 days left this year before we might all experience “taxmageddon.”

Clients hope that the presidential election will clarify the future of transfer tax rates and exemptions. However, the answers they seek may not be the answers they would like to hear. Therefore, this remaining year may be the opportune time to take advantage of the current federal applicable lifetime exemption which may soon be a thing of the past. The exemption for transfers is $5.12 million per person, and twice that for a couple. This is the highest exemption in estate planning history! Any amount over this magic number is taxed at a top tax rate of 35%. For gifting purposes, the annual exclusion for gifting is $13,000 per person, per recipient.

However, serious changes could be looming on the horizon. The current estate and gift tax is set to expire by the end of the month. There may be pending legislation to drop the exemption to $1 million with a top tax rate of 55%. It may be wise to act now given the unfavorable situation we may all be faced with.

Embrace the opportunity to preserve your wealth and protect your assets while you still can by fully using any remaining gift tax and generation-skipping transfer tax exemptions now. Contact your South Florida estate planning attorney for a toolbox of techniques for achieving your long term planning goals before Congress opens Pandora’s Box of tax reform.

If you have family, friends or even a charitable intent, the absence of an estate plan is inexcusable. For more information on successful Florida estate planning and probate techniques, please contact the South Florida law firm of Wild Felice & Partners, P.A. at 954-944-2855 or via email at info@wfplaw.com to schedule your free consultation.

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Don’t Let The Number of Twitter Followers Fool You—Celebrity Estate Planning Gone Wrong…Don’t Fall Victim

Posted by on Oct 26, 2012 in asset protection, estate planning, Legal News, Probate, Real Estate, tax, Trusts, Wills |

“Lifestyles of the rich and famous” sings Good Charlotte, the American pop punk band from Waldorf, Maryland. The numbers are staggering. Today, there are more than 67 million Twitter users. Are you one of them? If so, please read closely. Celebrity Lady Gaga has 30,656,320 twitter followers (almost the current population of Canada), Justin Bieber 29,424,873 followers, Katy Perry 28,240,817 followers, Rihanna 26,407,641 followers and Britney Spears 21,380,602 followers. Are you a celebrity follower on Twitter? If so, please read even closer. We are a celebrity conscious culture. Celebrities consume more of our daily lives than ever before. Now, close your eyes. Imagine yourself being escorted out of a stretch Hummer limo, walking down the red carpet dressed in the finest designer clothes while being blinded by the flash bulbs of the surrounding paparazzi hoping to score that great shot. It’s the glitz and the glamour, the stardom, the wealth and influence that drives much of our society to live vicariously through celebrities. Fantasy never hurt anybody. “I’m half living my life between reality and fantasy at all times”, said Lady Gaga. But BEWARE: DO NOT FALL VICTIM—LIKE MANY CELEBRITIES HAVE, TO ESTATE PLANNING GONE WRONG! Estate planning is reality.

“The beat goes on” wrote Sonny Bono, former musician and politician. In 1998, Bono tragically died of injuries from hitting a tree while skiing. Bono never wrote a will. After his death, a child he secretly fathered out of wedlock surfaced to claim part of his estate along with his ex-wife Cher.

LESSON LEARNED: We have no idea how much longer “the beat goes on.” It would be wise to act now given the unfavorable situation we may all be faced with. Embrace this opportunity while you still can and contact your South Florida estate planning attorney now. You need to arm yourself with the necessary estate planning tools to protect your legacy and more importantly, protect your family.

If guitar legend Jimi Hendrix could have “One rainy wish”, what do you think it would be? In 1970, Hendrix unexpectedly died at the age of 27. Hendrix never wrote a will. Although Hendrix was closest to his brother, the state awarded everything to his father who then left everything to his adopted daughter from another marriage. Hendrix’s brother received nothing.

LESSON LEARNED: It’s never too late to make your “One rainy wish” a reality. If you have family, friends or even a charitable intent, the absence of an estate plan is inexcusable. For more information on successful Florida estate planning and probate techniques, please contact the South Florida law firm of Wild Felice & Partners, P.A. at 954-944-2855 or via email at info@wfplaw.com to schedule your free consultation.

Such nightmares could have been avoided by planning ahead.

Less than half of all Florida residents have an estate plan in place yet the death rate in Florida has held steady at 100 percent. The reason for this lapse in judgment is most likely due to a focus on the word “estate” rather than the word “planning.” The two biggest misconceptions made by most South Floridians that lack comprehensive estate planning is that they are either too young to worry about it or not wealthy enough to worry about. However, the fact remains that very rarely is estate planning solely about the money

To schedule your free consultation, please contact the South Florida law firm of Wild Felice & Partners, P.A. at 954-944-2855 or via email at info@wfplaw.com.

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Mitt Romney’s Triple Threat IDGT Trust- Do You “Dig It?”

Posted by on Oct 5, 2012 in asset protection, estate planning, Legal News, tax, Trusts |

According to Bloomberg News, when Romney engages in estate planning, it’s all about leaving assets for heirs while dodging gift and estate tax. With his strategic “I Dig It” trust, his beneficiaries get a triple benefit. This type of trust known as the “intentionally defective grantor trust” is used by many high net-worth individuals to give potentially unlimited amounts to children while avoiding tax in three ways. First, multimillionaires assign a low value to assets they transfer to the trust. Second, when the trust sells assets at a handsome profit, a relatively low capital gains tax is paid. Finally, by paying these taxes, a settlor can reduce the pile of wealth leaving heirs potentially free of gift and estate taxes.

The Republican presidential candidate set up this type of trust for his children and grandchildren back in the mid-90’s known as the Ann and Mitt Romney 1995 Family Trust. It received shares in the Internet advertising firm DoubleClick, Inc eight months before the company went public. The trust sold them less than a year after its IPO. The trust’s sale made it possible to save hundreds of thousands of dollars in estate and gift taxes. By 1999, the trust reaped a 1,000 percent return on the sale of these shares. If he had given the cash outright, he could have owed a gift tax at a rate as high as 55 percent. This technique entails contributing assets before they appreciate or are difficult to value, and then claim the gift tax obligation as low or non-existent since the appraised value is low or zero. Because Romney’s shares were already in the trust before the sale, no gift or estate tax would be imposed on the cash.

Romney increased his family’s fortune by moving $100 million worth of assets into this trust. The trust’s value is not accounted for in the $250 million that his campaign cites as Romney’s net worth. Also, it is reported that his income tax rate in 2011 was about 14 percent.

The Obama administration anticipates closing this loophole. Romney has vowed as president to cut the gift tax rate and repeal the federal estate tax altogether, referring to this as the “Death Tax.” The Romney campaign stated that this tax “creates a series of perverse incentives that encourages the most complicated and convoluted tax-avoidance schemes at tremendous cost to all involved.”

Clearly, Romney is not digging all these gift and estate taxes. Are you?

If you have family, friends or even a charitable intent, the absence of an estate plan is inexcusable. For more information on successful Florida estate planning and probate techniques, please contact the South Florida law firm of Wild Felice & Partners, P.A. at 954-944-2855 or via email at info@wfplaw.com to schedule your free consultation.

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Why “NOW” Is the Perfect Time To Make A Gift

Posted by on Aug 22, 2012 in asset protection, estate planning, Legal News, tax |

There may be some serious changes occurring just around the corner that we need to be wary of. The first thing to pop into your mind is probably the 2012 U.S. presidential elections. But what you should also be thinking about is the fact that the current estate and gift tax is set to expire by the end of this year. The current exemption is at a favorable $5.12 million per person, and twice that for a couple. Any amount over this magic number is taxed at a top tax rate of 35%.

However, there may be pending legislation and proposals to drop the exemption to $1 million with a top tax rate of 55%. Because this is an election year, the party platforms covering the transfer tax regime will be relevant to what Congress might do over the next few years. Congressional action is more likely to relate to the amount exempted from transfer tax and the tax rate structure.

It would be wise to act now given the unfavorable situation we may all be faced with. Embrace this opportunity while you still can and contact your South Florida estate planning attorney now. You need to arm yourself with the necessary estate planning tools to protect your legacy and more importantly, protect your family.

Speaking of the 2012 presidential elections, click on this link to hear one of history’s favorite presidents talk about estate planning and asset protection!

If you have family, friends or even a charitable intent, the absence of an estate plan is inexcusable. For more information on successful Florida estate planning and probate techniques, please contact the South Florida law firm of Wild Felice & Partners, P.A. at 954-944-2855 or via email at info@wfplaw.com to schedule your free consultation.

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An Eagle Sculpture Has Heirs Of A Billion Dollar Estate Grappling With The IRS

Posted by on Aug 3, 2012 in asset protection, estate planning, Legal News, tax |

Most people would probably be ecstatic to learn they inherited a $65 million Robert Rauschenberg bald eagle sculpture. However, the excitement can easily deaden when there’s an additional surprise attached- an astronomical $29 million tax bill!

That’s what happened to Nina Sundell and Antonio Homem, the children of Illeana Sonnabend, a prominent New York art dealer who left her children the majestic “Canyon” masterpiece. The 20th century artwork was initially valued at zero because it cannot be legally sold. Federal law prohibits the sale of a live or in this case, a stuffed bald eagle. Mrs. Sonnabend and the creator of “Canyon” managed to bypass this restriction, but the heirs are not so lucky. The IRS has appraised it at $65 million and slapped on an extra $11.7 million in penalties for the allegedly inaccurate appraisal.

The heirs have already paid over a staggering $471 million in federal and state estate taxes for the billion-dollar art collection. Approximately $600 million worth of art has already been sold to pay the taxes owed. However, the heirs are drowning in a financial mess because they cannot afford the taxes on the sculpture.

Such a nightmare could have been avoided by planning ahead.

In South Florida, proper estate planning and the utilization of appropriate measures in wealth transfer can protect assets and reduce estate taxes. We can’t avoid the tight grip of the IRS, but we can reduce the burden of exorbitant taxes with a little smart planning from your South Florida estate planning attorney. Make a smart, bold move and contact your attorney today.

If you have family, friends or even a charitable intent, the absence of an estate plan is inexcusable. For more information on successful Florida estate planning and probate techniques, please contact the South Florida law firm of Wild Felice & Partners, P.A. at 954-944-2855 or via email at info@wfplaw.com to schedule your free consultation.

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The Dark Knight Rises Yet Again: Is Your Estate Tax Doing The Same?

Posted by on Jul 16, 2012 in estate planning, Legal News, tax |

Let’s hope it would more likely parallel a movie titled “The Fall of the Estate Tax”.

In this nonexistent film, a legendary Caped Crusader would instead use his intellect and detective skills in fighting high taxes for economic welfare.

Since we live in reality, the best way to reduce Federal estate tax is to keep abreast of new legislation and take advantage of every given opportunity.

Think of tax-free gifting as the bat-mobile in achieving this goal, especially for large estates. The annual exclusion gifts for 2012 are set at $13,000 per person, per recipient. The federal applicable lifetime exemption for transfers has increased to $5.12 million per person, which is the highest exemption thus far. There are also
gift and estate tax charitable deductions and also marital deductions to strongly consider. Maximizing all these incentives is smart planning. Over the long run, you can transfer significant sums of money out of your estate along with any appreciation, thereby reducing the tax.

Did you know that Forbes magazine listed Batman, aka Bruce Wayne, as the 9th richest fictional character with an estimated fortune of $5.8 billion? BusinessWeek named him as one of the ten most intelligent American superheroes. You can bet Gotham’s finest would be spending hours in his Batcave strategically gifting assets from his estate plan.

However, lucky for the rest of us, we have our highly qualified South Florida Estate Planning Attorney.

If you have family, friends or even a charitable intent, the absence of an estate plan is inexcusable. For more information on successful Florida estate planning and probate techniques, please contact the South Florida law firm of Wild Felice & Partners, P.A. at 954-944-2855 or via email at info@wfplaw.com to schedule your free consultation.

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