Yesterday, one day before the anniversary of the Supreme Court’s DOMA ruling, we saw more steps toward marriage equality, with judges in both Indiana and Utah ruling in favor of same-sex marriage. A federal judge found Indiana’s ban on same-sex marriage to be unconstitutional, while a federal court of appeals in Utah upheld a previous ruling that the state’s ban on same-sex marriage was unconstitutional. While both of these rulings represent a continued trend toward marriage equality (all federal district courts have ruled the same way on the subject) and are cause to celebrate, Florida still does not recognize same-sex marriage. This stance makes it of particular importance for same-sex couples to prepare and create a comprehensive estate plan to make sure that their partners are taken care of and afforded all the possible rights under the law.

The estate of any resident who dies in the state without a last will and testament will be distributed according to Florida intestacy laws. While this is never the ideal way to distribute estate property, it is particularly troublesome for same-sex couples. Florida law says that the estate goes first to the surviving spouse. Since Florida does not recognize same-sex marriage, the estate would go to family members instead of your partner. Having a will can assure that your assets go to your partner as you say, rather than to who the state says.

A trust based estate plan is always a favorable option, given its control flexibility, creditor protection, and ability to avoid probate. Trusts may be even more important to same sex couples in that they are private documents and they do not have to go in front of a judge (given the state’s stance on same-sex issues, avoiding the court as much as possible is ideal.) Not only does a trust based estate plan assure that your partner receives his portion of your estate just as with a will, it gives you more control over who gets your assets than just the first disposition. With a trust, you can give everything to your partner, and then control where it goes after that. Sadly, we’ve seen cases where family has not been accepting of the relationship. With a trust, you can make sure that instead of your assets going to a relative you are not close with, it can go to close friends, other family, or even the charity of your choice. A trust will also make sure that the assets your beneficiaries receive are protected from creditors.

Another pressing issue for same-sex estate planning in Florida is guardianship. Since 2010, same-sex couples are now able to adopt children in Florida. All couples in the state with minor children should designate in their will or in a guardianship form filed with the state who the child’s guardian should be. Absent a guardian designation, the courts would determine who the child’s guardian will be. Don’t leave such an important decision up to anyone but you and your partner; make sure your estate plan names a guardian if you have a minor child.

Finally, you should be sure to designate a healthcare surrogate and power of attorney to make medical and financial decisions for you in the event of incapacitation. To assure that your medical surrogate can make the most informed decisions regarding your health, you should also sign a HIPAA release form that allows your partner (or whoever your surrogate is) to see your medical records.

As more and more states recognize same sex marriage, we hope that Florida soon follows suit. Until then, make sure that you have a proper estate plan in place from a firm that works with same-sex planning.

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

Today marks the five-year anniversary of Michael Jackson’s death. Though the King of Pop left a huge mark on the music industry, with 13 Grammy awards and a record setting 26 American Music Awards, he will also be known in legal circles for the mistakes he made with his estate planning. As far as celebrities go, Jackson did more estate planning than most. He had a will and he also set up a living trust. However, Jackson failed to adequately fund the trust, meaning he did not transfer his assets into it. You can think of a trust like a safe. It doesn’t matter how great the safe is if you don’t put anything in it. The funding caused an issue for Jackson’s estate as it created ambiguity in ownership, allowing the usually private trust documents to become public record in probate court.

 Since he is gone, Jackson will never have the chance to fix his mistakes and change his estate planning. You, however, are lucky. You don’t have to be a megastar like the King of Pop to benefit from estate planning, and looking at where Jackson went wrong, you can learn from his mistakes. When done properly, a will and living trust pair well together. As previously stated, a trust is a private document, but a will is not. Therefore, the use of a pour-over will can be used to maximize your privacy while assuring that all your assets make it into your trust. By making sure that your trust is properly funded with an assignment of property and a pour-over will, you will be able to avoid probate (in turn keeping your estate matters private) and provide asset protection to your beneficiaries.

Jackson’s trust mistake also led to the question of who owned the estate’s share of the business that owned many of The Beatles’ songs. If you own a business, business succession planning should be part of your estate plan. Through a combination of life insurance, business forms, and agreements, you can plan for exactly what happens to your business at your death and help to make sure that the business lives on after you are gone (or that your beneficiaries are compensated, depending on your goals.)

One thing Jackson did right that all estate plans with minor children should have is that he named a guardian. When you and your children are older, a guardian isn’t important, but it could change the life of a minor child. If you and your spouse were to die on the way back from a nice dinner or on your way to an anniversary trip, who would look after your children? This is a major reason why younger people should take the time to look into an estate plan now.

Michael Jackson is one of many celebrities who have made mistake planning mistakes, but you don’t have to follow them. Look at proper estate planning today.

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

In what team president Pat Riley called an unsurprising move this morning, four-time MVP LeBron James opted out of his current contract with the Miami Heat. Before you let the panic you see from some on your Facebook feed overwhelm you, and before you buy into Knicks fans’ claims that LeBron is leaving South Florida for the bright lights of New York City, take a moment to think about the situation. If LeBron and the rest of the Big Three opted in to their current contracts, the Heat would have over $60 million worth of salary on the books. With a salary cap for the next season protected at $63 million, that would not give the Heat much room to work with. What LeBron appears to understand is that long term planning is the key to success. You too can plan ahead by “opting in” to an estate plan.

If you die without an estate plan, the intestacy laws of Florida will determine who gets your property. Depending on your marriage situation, this can lead to a distribution that does not meet your wishes. Most people think that a will is the best way to distribute your assets. While a will is certainly a way to legally distribute your assets, a will must be probated before the assets get to your beneficiaries. The probate process can cost you a great deal of both time and money, leaving your beneficiaries without the assets for an extended period of time. A will gives complete control of distributions at the time of your death, but that is where the control ends. Once the assets are distributed to the beneficiaries, they become the owners and can do with them what they please. This can unfortunately lead to situations where they lose their entire inheritance, either through divorce, remarriage, or creditors.

A trust based estate plan can be used to avoid probate while also allowing you to control your assets from beyond the grave and protecting them from creditors. A living trust allows you to still use your assets during your life and then keep whatever you give to your beneficiaries protected. Unlike a will, assets in a trust based plan will be kept in trust, meaning each of your beneficiaries will receive a trust fund that is protected from creditors, lawsuits, and divorce. A trust also allows you to leave to later generations without gifting them outright. For example, you can leave money in trust to your children for their lives, and then the remainder to your grandchildren. A trust based estate plan provides you the opportunity to look ahead to the future while also making sure you get to enjoy everything while you are still alive.

While the future of LeBron James, the Big 3, and the hearts of South Florida basketball fans still have to wait to see what the future holds, you can be prepared for whatever comes your way by opting in to an estate plan today.

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

The University of Miami took planning ahead to an entirely new level this weekend by beginning the recruiting process of a 9-year-old point guard. While a lot can happen in the nine years before the Downey Christian School star makes her college decision (who knows if she will even want to play basketball by then?), Miami is showing foresight in looking forward to the future. Just as the school will be benefit from its forethought, so will you by having a proper estate plan in place. Currently, less than half of all Florida residents have an estate plan, yet the death rate in Florida has held steady at 100%. Regardless of age or health, it is never too early to start planning ahead because you never know what the future will bring.

A proper estate plan will answer three key questions: what are your assets? Where are they going? How will they get there? These questions are simple but the answer can be quite complicated. While a will is effective in transferring property at death, your estate would then have to be probated, a long process that delays your loved ones receiving their property. A devise from a will also removes any control you would have beyond the initial bequest. For example, once you give an asset to your child, you would not be able to determine if it goes to your grandchildren or to someone else; your child would have complete discretion. However, if you were to use a trust based estate plan, you would both retain control and avoid probate. Trusts also have the added benefit of asset protection from creditors. A trust based plan can be used to satisfy your estate planning goals, making sure that your loved ones are taken care of in all situations.

Whether you choose a will based plan or a trust based plan, your planning should also include a power of attorney, health care surrogates, and HIPAA releases. These planning tools may be overlooked, but their importance can not be overstated. The power of attorney and designation of a healthcare surrogate will allow important healthcare and financial decisions to be made for you in the event of incapacity or death, while the HIPAA release will make sure your healthcare surrogate will have access to whatever he or she needs to make informed decisions. By planning for the future and using these various techniques, your family will hopefully be protected creditors and other hassles when the time comes. Get ahead of the other 50% of Florida resident and get an estate plan now. It’s never too early to plan ahead.

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

As summer descends upon South Florida, we’re all getting ready for some fun in the sun. Whether it’s a day of fishing or riding out to a sandbar, chances are everyone will be spending some time on a boat this summer. In addition to knowing where your life jacket is, you should also have a proper estate plan in place, to keep your loved ones afloat in the event of an accident.

Last year in Florida, 62 people died in boating accidents, with another 420 injured.¹ While these numbers might seem low when you consider the number of registered watercrafts in Florida, the price you pay if you are one of the unfortunate victims will be quite high. If you haven’t done the proper estate planning, you may find yourself at risk of losing everything, or leaving your family in a dire financial position. By taking full advantage of our estate planning services, you can kick back and relax this summer.

At Wild Felice & Partners, P.A., our services include living trusts and wills, as well as living wills, durable powers of attorney, and designation of a healthcare surrogate, which allow us to ensure that you and your family are protected, whatever summer brings. Whether you are injured or worse on the water or find yourself involved in a legal battle following a boating accident, the right estate plan and asset protection will keep you, your family, and your assets in the best possible position, even in the worst situations. You don’t always know what is going to happen, but with proper estate planning, you can get some sun and enjoy the water knowing that you have prepared for even the worst situations.

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

¹ Source: http://myfwc.com/media/2804479/2013-BoatingStatistics-injury.pdf

On Saturday, America watched as 2014 Kentucky Derby and Preakness winner California Chrome came up a head short of winning the Belmont States and becoming the first horse to capture the Triple Crown since 1978. Although California Chrome was a heavy favorite heading into the race, a foot injury suffered coming out of the gate quickly derailed the horse’s chances of a victory. While not many of us here in Florida will have a horse vying for the Triple Crown in our lifetimes, California Chrome can teach us a valuable lesson: our best-laid plans can change in an instant. Don’t be unprepared in case something goes wrong in the race of life.

An unexpected injury like the one California Chrome suffered could lead to far worse consequences than simply not winning a competition. If you are injured or incapacitated in Florida without having a durable power of attorney, your family may be unable to make all the important decisions or sign necessary documents. Without the designation of a healthcare surrogate and a living will, you may find yourself receiving care that goes against your wishes.

In the worst-case scenario of a death, proper estate planning is even more important. If you die without a correctly executed estate plan in place, Florida law will determine how your property is distributed, regardless of your desires. By using a living trust to distribute the assets, not only will you have complete discretion over who gets what, you will be able to avoid probate, making for a smoother transition for your loved ones during this tough time in their lives. Of course, if you are going to use a living trust, don’t forget to assign property to it (otherwise, it won’t do you any good.) We can never know what obstacles we will encounter along the way, but with preparation and proper estate planning, you can rest easier knowing you won’t come up just short at the end of the race.

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