Fesitivus is for the Rest of Us … But Estate Planning is for Everyone

Posted by on Dec 21, 2011 in asset protection, estate planning, Legal News, Probate, tax, Trusts, Wills |

The Costanza-created holiday of Festivus is almost upon us and the people of South Florida are a flurry with excitement.  Whether you prefer the Feats of Strength or the Airing of Grievances, the holiday of Festivus has something for just about everyone.  Speaking of everyone, in this time of overlapping different holidays, it is important to remember the one commonality that we all share – mortality.  That’s right, whether you celebrate Christmas, Hanukkah, Kwanzaa or Ramadan, the death rate in South Florida is 100 percent which means that every single one of you need estate planning.  We may not agree where our souls go after we die but there is no argument as to what happens to our stuff.  If you have no Will, the Florida Intestate Statutes will distribute your assets as the state of Florida decides.  If you have a Will but no Trust, your assets will first be dragged through the Florida probate process and then distributed outright to you beneficiaries.  If you have a Trust in place, your beneficiaries will be able to minimize both probate and the estate tax, as well as receive assets that are protected from creditors, litigation, bankruptcy and divorce.  Even for Frank Costanza, Trust-based estate planning is a no brainer.

Festivus is for Some but Estate Planning is for All

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.

It’s a Wild world.  Are you protected?

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Chanukah is the Fesitval of Lights … and Estate Planning

Posted by on Dec 18, 2011 in asset protection, estate planning, Legal News, Probate, tax, Trusts |

 

This week, millions of Jewish families will be celebrating the anniversary of a miracle.  When there was only enough oil for one more night’s light, the oil ended up lasting 8 full nights.  Implementing a revocable living trust as the centerpiece of your South Florida estate plan will allow you to avoid Florida probate and estate taxes for a lot longer than that.  A revocable living trust can avoid probate upon your death and eliminate any estate tax burden, not to mention the ability to control your assets and protect your beneficiaries for up to 360 years after your death.  A revocable living trust is not a miracle; it’s just good planning.

For more information on successful Florida estate planning and probate techniques, please contact the South Florida law firm of Wild Felice & Pardo, P.A. at 954-944-2855 or via email at info@wfplaw.com to schedule your free consultation.

It’s a Wild world.  Are you protected?

 

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Life Insurance Is Not So Tax-Free

Posted by on Dec 6, 2011 in asset protection, estate planning, Legal News, tax, Trusts, Wills |

Florida residents know better than anyone that having life insurance is essential to planning for one’s future and provides assurance for family members after one’s death.  Beneficiaries receive a life insurance death benefit, which is tax-free income used to cover the costs of funeral expenses, debt, and any other financial obligations. However, many people do not realize that for tax purposes, the proceeds from a South Florida life insurance policy becomes part of the decedent’s gross estate if the policy is owned by the deceased during the last 3 years of his or her life. Currently, for estates valued over $5 million, anything in excess will be taxed at a rate of 35 percent. Accordingly, many people are not aware that a life insurance policy is subject to this Federal Estate Tax.

Fortunately, correct South Florida estate planning can save family members hundreds of thousands of dollars. A highly qualified and well-experienced attorney can strategically structure an estate in order to shield loved ones from the bullets of heavy taxation.

Establishing an Irrevocable Life Insurance Trust (ILIT) removes life insurance from the estate and transfers the life insurance benefits into this specific type of trust. If done properly, the result will be less taxation and increased asset protection for beneficiaries. This trust is considered a separate South Florida legal entity that’s outside a person’s estate and no longer within his or her control. Therefore, the assets held in the trust are insulated from the grip of the IRS.

Protect Your Family From Estate Tax with an Irrevocable Life Insurance Trust

A spouse, child, or other appropriate party may be designated as the beneficiary of the trust and an appointed trustee will be able to carry out detailed instructions regarding management of the trust in accordance with the decedent’s wishes. This includes how the life insurance payout should be distributed, when payments, loans, or investments should be made, and when to terminate the trust.

The ILIT is a means of providing extra liquidity to one’s estate or business by reducing estate tax by 35 percent of the life insurance benefit total. There are also gifting strategies to capitalize on. So, with an ILIT, an estate planning attorney can make sure a client receives the protection of a trust combined with the liquidity of life insurance benefits.

For more information on successful Florida estate planning and probate techniques, please contact the South Florida law firm of Wild Felice & Pardo, P.A. at 954-944-2855 or via email at info@wfplaw.com to schedule your free consultation.

It’s a Wild world.  Are you protected?

 

Topic: Estate Planning

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Black Friday + Cyber Monday = How Did I Get All of This Junk Wednesday

Posted by on Nov 28, 2011 in asset protection, estate planning, Legal News, Probate, tax, Trusts, Wills |

After recovering from my Thanksgiving food coma, I managed to avoid the Black Friday mobs for the 32nd consecutive year. While the deals may be great, the risk of bodily harm is just too great of a risk and I have to be healthy in order to handle all of your South Florida estate planning, asset protection and probate needs? It is my contention that the “must have” gift for this holiday season is a Trust-based estate plan; which makes it even more surprising that I was the only person lined up outside my Plantation law office at 4 am on November 25th.

 Put Down the Sky Mall Catalog…

Even if you aren’t shopping in Sky Mall, half the gifts you’ll give this year (and an even higher percentage of the gifts you’ll receive) will end up in the back of a closet, the bottom of a drawer or even re-gifted to someone that you aren’t too fond of.  Instead of wasting thousands of dollars on an outdoor elliptical machine with your favorite meteorologist’s face on it, how about protecting your family with a Trust-based estate plan so that they can avoid probate and eliminate any estate tax?  Already have your Florida estate plan in place?  How about treating a friend or family member to a free consultation with me so that they can protect their loved ones?

 Estate Planning is truly the gift that everyone can use and benefit from and please also remember:

Any Casualties from Black Friday? We handle probate.

For more information on successful Florida estate planning and probate, please contact the South Florida law firm of  Wild Felice & Pardo, P.A. at 954-944-2855 or via email at info@wfplaw.com to schedule your free consultation.

It’s a Wild world. Are you protected?

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Avoiding Probate like the Plague

Posted by on Nov 2, 2011 in asset protection, estate planning, Family Law, Legal News, Probate, Trusts, Wills |

Probate avoidance is the goal of a highly skilled and qualified South Florida Estate Planning attorney. The objective is to protect clients against the time-consuming, highly costly, and emotional process of probate administration. Coping with the loss of a loved one is hard enough. Who wants the additional burden of finding themselves amidst a storm of family disputes and endless courtroom proceedings? An experienced and knowledgeable attorney is well equipped with the tools to help you circumvent this process through strategic estate planning. This is accomplished through trust formation. For example, a living trust can make every one’s life so much easier by acting as a vehicle for transferring ownership immediately once an individual dies. This method is faster, less expensive, and more convenient than traditional probate.

Another advantage of setting up a trust, is that it is completely private. The only person who will be able to view all the assets you accumulated during your life and how you decided to leave them to your family is the person or entity that you name as Trustee. However, the probate process is made public so anyone who wants to take a sneak peak into your estate will be able to do so.

Now, if you are a surviving spouse or child and stumble across the bad news that a trust was never established, it’s not the end of the world. A good probate lawyer can still offer guidance on what to do.  Even though this will cost you some money, payment is usually taken out of the estate. You will not have to pay anything up front, which makes things easier on your budget.

For more information on successful Florida estate planning and probate, please contact the South Florida law firm of  Wild Felice & Pardo, P.A. at 954-944-2855 or via email at info@wfplaw.com to schedule your free consultation.

It’s a Wild world. Are you protected?

 

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Shield Your Assets- Place Your Insurance Policy Into An Irrevocable Life Insurance Trust

Posted by on Oct 31, 2011 in asset protection, estate planning, Legal News, tax, Trusts |

Having life insurance is a great tool in planning for your future and providing assurance for your family members after you die. But did you know that for tax purposes, the proceeds from a South Florida life insurance policy become part of your gross estate if you owned the policy during the last 3 years of your life? This occurs for over 90 percent of all life insurance policies.  Your family receives life insurance death benefits, which is tax-free income that they will use to pay for funeral expenses, debt, estate taxes and to fulfill any other financial obligations. If your estate is valued over the $5 million estate tax threshold, anything pouring over that threshold will be taxed at a rate of 35 percent. This means that your life insurance will be taxed along with all the other assets in your estate.  But don’t worry there is hope.

A qualified and well-experienced South Florida Estate Planning attorney can strategically structure your estate in order to shield your family from the bullets of such heavy taxation.  This can be accomplished through the creation of an Irrevocable Life Insurance Trust (ILIT). This is a legal instrument that removes the life insurance from your estate and transfers the benefits into the ILIT. The result- less taxation and increased asset protection for your loved ones. Since the ILIT is a separate South Florida legal entity that is outside your estate, the IRS cannot impose a tax on the assets held in the trust because they are no longer within your control. You may designate your spouse, child, or other appropriate party as the beneficiary of the trust and provide detailed instructions to the designated trustee regarding management of the trust.  This includes how you would like the life insurance payout to be distributed, when payments, loans or investments should be made,  and when to terminate the trust.  Establishing an ILIT today with a caring and knowledgeable attorney will ensure your family will be guarded against the burdens of heavy taxation and unnecessary liability in the future.

For more information on successful Florida estate planning and probate, please contact the South Florida law firm of  Wild Felice & Pardo, P.A. at 954-944-2855 or via email at info@wfplaw.com to schedule your free consultation.

It’s a Wild world. Are you protected?


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