Single Mother Breadwinners – Protect Your Bacon!

Posted by on May 29, 2013 in asset protection, Family Law, Trusts, Wills |

This is no “yo-mama” joke – Single Mother Breadwinners are bringing home the bacon!

A new report shows that 40 percent of all households with children (under age 18) include mothers that are the primary or sole breadwinner for the family. The Pew Research Center reported that in the past five decades, breadwinner moms have increased by almost 30 percent! Furthermore, the research shows that 63% of these lady-breadwinners are single mothers.

Although these single mothers are bustling about to bring home the bacon, fry it in a pan, and serve it to their children before they rush back to work; one important step should not be overlooked – estate planning.

It may seem like there is no time for the breadwinner to collect the crumbs for future planning, but the benefits of safeguarding your “bacon” outweigh the hassle. Single Mother Breadwinners (“SMB”) of South Florida should pay close attention to potential issues when creating an estate plan.  Such issues include (but are not limited to):

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            • Guardianship – if there is no other parent involved, it is important to appoint a primary guardian – the individual who will have custody of your minor children. Creating a will that appoints a guardian will ensure that your child’s interests are protected according to your wishes.
            • Trusts – a trust is valuable for many, many reasons.  They protect your assets while providing for your minor children. Regardless of whether the SMB has a truck full of Wonder Bread or a jar full of crumbs, she may not want her minor children to receive her assets outright. Rather, she can use a trust, appoint a trustee, and be certain that her assets are being managed and distributed appropriately.
            • College Planning, The 529 Plan – a 529 plan allows you (or really, anyone) to contribute to an account that is not subject to federal taxation to save for your child’s college education. There is no age limit for when the plan can be used, and it can roll over to another family member. The SMB can have control and appoint a guardian/trustee to manage it upon her death.

It’s a Wild world, Single Mother Breadwinners. Are you protected?SM

For more information on successful Florida estate planning and business succession planning, 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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Cha-Cha-Cha Your Way into the Protections of Estate Planning

Posted by on May 23, 2013 in estate planning, tax, Trusts, Wills |

AND THE RESULTS ARE IN – Kellie Pickler & her partner Derek Hough have Cha-Cha-Cha’d their way to the Dancing With the Stars’ Hall of Fame, as the Season 16 Champions! The petite, pixie-cut Pickler is now the proud owner of the DWTS “mirror ball trophy.” The dancing queen has dominated both American Idol & Dancing with the Stars – what’s next, Top Chef? Project Runway? Survivor?

Regardless of where Pickler decides to direct her talents, her youth (age 26) & celebrity status will do little to protect her growing wealth without the implementation of estate planning.

Marilyn Monroe was 36 when she died. Although she had a will & trust, she did not have an estate plan in place to ensure all of her assets were distributed to her desired beneficiaries, and estate taxes absorbed over half of her net estate.

NFL Quarterback, Steve McNair, died at the age of 36. He had $20 million in his estate, but no will in place to provide for his four children. After years of probate, taxes, and legal fees, there is still no resolution in sight.

In cases like that of Marilyn Monroe & Steve McNair, where the estate exceeds the exemption equivalent, there are many estate planning techniques that can be used to limit estate taxes in Florida such as:

  • Bypass Trust
  • QPRT (Qualified Personal Residence Trust)
  • ILIT (Irrevocable Life Insurance Trust)
  • QTIP (Qualified Terminable Interest Property trust)

Over half of adults under the age of 34 do not have a will or estate plan in place.  Regardless of age, you want to protect your assets and ensure that you have control over their distribution.  Learn a lesson or two from these celebrities – you are never too young to waltz your way into estate planning protection.

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

 

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Cannes Film Festival Bling Burglar – You Cannes protect yourself!

Posted by on May 21, 2013 in asset protection, estate planning, tax, Wills |

A band of burglars recently pulled off a jewelry heist involving $1 million worth of red carpet loot from the Cannes Film Festival 2013. Although the uninsured jewelry was believed to be protected through the use of a safe – the bandits one-upped ‘em by simply unscrewing the entire safe from the wall.

The shock; the horror! How can we have faith in humanity when even the stars have been ravished of their bare necessities? The good news is, you Cannes protect yourself! Here in Florida, there are a variety of estate planning methods that can be used to protect your assets.

The truth is you don’t need $1 million in jewels in order to implement safety measures, as EVERYONE needs estate planning. Regardless of how much or how little you own, the goal remains the same:

  • asset protection
  • control over your assets
  • protecting your loved ones
  • preclusion of unnecessary taxes
  • creditor protection
  • limited/no transfer taxes for following generations
  • insuring your assets

For example, in South Florida, if you die without a will all of your assets will be automatically distributed “per stirpes.” The danger in this is that you lose all control over who will receive your estate, and your intentions become irrelevant. The statutory scheme may leave out groups of loved ones, such as stepchildren; and does not protect beneficiaries that are not mature enough to deal with a large inheritance. Such issues are unlimited, but can be avoided through proper estate planning.

By utilizing estate planning techniques, you can protect yourself and your family from unnecessary hassles while safeguarding your assets. Through a variety of estate planning tools, including Trusts, Wills, Powers of Attorney, Health Care Surrogates, Funding Techniques, and more; you can make your “safe” burglar proof!

For more information on successful Florida estate planning and business succession planning, 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

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There’s No Time Like the Present…First NBA Player comes Out as Openly Gay!

Posted by on May 1, 2013 in estate planning, Family Law, tax, Trusts, Wills |

This week famed NBA center Jason Collins came out as the first openly gay athlete in a major men’s American team sport.  “I’m a 34-year-old NBA center. I’m black. And I’m gay,” Collins stated in the May 6, 2013, issue of Sports Illustrated.

Motivated by the recent Boston Marathon bombings, Collins acknowledged that he was done waiting for the perfect moment to come out.  He stated “things can change in an instant, so why not live truthfully?”

In a world of uncertainty, it is imperative that gay and lesbian couples to take advantage of proper estate planning.  The current laws do not afford same-sex unions the same legal protections as traditional married couples.  As it stands now your partner will most likely inherit nothing upon your death and could even be forced to move out of your shared home.  Same-sex partners in Florida also have no legal rights in the following areas:

  • No elective share, or inheritance of a portion of the deceased’s estate.
  • Not considered next of kin regarding decisions about your partner’s medical treatment when your partner is incapacitated.
  • Not considered next of kin regarding hospital visitation rights.
  • Not considered next of kin regarding decisions about your partner’s burial services.
  • No protective tax treatment in terms of IRA’s and retirement plans.
  • No shared access to their partner’s Social Security benefits or Medicare benefits.

Don’t just sit idle hoping that everything will work out.   Make sure your beloved partner is protected upon your passing.  At Wild Felice & Partners, we can work with you to draft a comprehensive estate plan to recreate some of the rights and benefits of traditional married couples.  Some key elements include:

  • Last Will and Testament to ensure that your estate is not blindly distributed according to intestacy laws.
  • Living Will which will specify how you would like to be taken care of in case of incapacity.
  • Designation of Health Care Surrogate which will allow your same-sex partner to give informed consent for your medical treatment.

Our South Florida law firm treats estate planning in terms of a married couple, so the fee plan for a same-sex couple will naturally get the same treatment.  For more information on how to plan for your partner’s future, contact our South Florida law firm of Wild, Felice & Partners, PA for a free consultation at (954) 944-2855.

 

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Stabbing Catastrophe Strikes College Campus in the Lone Star State. Plan Ahead to Prevent Chaos in Your Life!

Posted by on Apr 10, 2013 in estate planning, Family Law, Legal News, Wills |

The world watched in horror as the stabbing spree at a Texas Community College unfolded on Tuesday, April 9th.  At least  14 people were injured at the hands of mentally unstable student Dylan Andrew Quick, 20.  Quick used a “razor-type knife”  and began slashing students in between classes.  Amazingly, none of the injuries were fatal.

This can be attributed to the quick response of fellow students and faculty who tackled the stabbing suspect to  the ground and sat on him until Rescue Workers arrived.  Unfortunately random acts of violence have become all too common.   But proper planning helped mitigate the injuries in this attack.  Employees, staff, and students in every profession  have gotten the message that if chaos strikes, don’t sit idly by and hope for the best.  That’s too risky.  The same can be said  of unexpected circumstances in life such as sudden accidents or death.  We can’t prevent catastrophes, but we CAN have a contingency plan in place in case they do occur.

Severe injury or death of a loved one is always followed by panic, shock, and frequently chaos.  In case you become  disabled or incapacitated in Florida, who will call the shots?  Who will give informed consent regarding the type of medical  treatment you should receive?

Our team of experienced South Florida estate planning attorneys can help you prepare crucial documents that reflect your  medical and financial desires.  This includes:

  1. Durable Power of Attorney – will allow the designated person(s) to manage your financial affairs should you become  mentally or physically unable to do so.
  2. Designation of Health Care Surrogate – allows the designated person(s) to make medical decisions on your behalf.
  3. HIPAA Release – HIPAA (the Health Insurance Portability and Accountability Act of 1996) requires health care providers  to be very careful how they release health care information. You will name one or more persons who will be able to have  access to all of your medical information.
  4. Living Will – will state whether you want your life to be artificially prolonged or whether you prefer to be allowed  to die naturally.

 

The best way to be certain of which supplemental documents you need as part of your estate plan is to consult with your  estate planning attorney.

For more information on successful Florida estate planning and medical designation choices,  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?

 

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You’re Fired! Rutgers Basketball Coach, Mike Rice, Forced into Early Retirement. Tempting, Right?

Posted by on Apr 3, 2013 in asset protection, estate planning, Legal News, Real Estate, tax, Trusts, Wills |

Athletic officials from the New Jersey University, Rutgers, announced the early termination of their infamous Men’s Basketball Coach, Mike Rice.  The decision was based on a videotape depicting Rice hurling balls and gay slurs at his players.  As ESPN broadcast the incriminating footage, Rice’s behavior can be summarized in one word…foul.

Everyone from LeBron James to Governor Chris Christie weighed in on the coach’s shameful behavior. The inevitable decision to fire Rice 3 years into his 5 year contract sealed the fate on his career.  Rice will be forced into an unexpected early retirement.  Given the state of our economy, many South Florida residents have also had to face the prospect of an early unexpected retirement.

So what happens when you find yourself without the steady income of a job and bills to pay?  Though it is best to avoid taking money out of your retirement plan, emergency situations such as job termination, divorce, sickness, and economic crashes can get the best of us.  You may be pleasantly surprised to find out that there are some instances when you can take money out of your retirement plans without paying the 10% federal penalty imposed by the IRS.

Here is a list of Uncle Sam’s most common exceptions:

  • Borrow from your own 401(k). You can legally borrow up to $50,000, or half your vested balance, whichever is less, from your 401(k).  Most big firms allow these loans and give you up to 5 years to repay it without any taxes or penalties.  However, if your job terminates for any reason, your ex-employer will likely demand repayment, otherwise the outstanding balance will be treated as an early distribution, subject to penalties.
  • Paying Large Medical Bills.    You can request a distribution from an IRA or 401(k) without any penalties for CERTAIN medical expenses.  Note that only expenses that are more than 10% of your adjusted gross income will qualify.
  • Paying for Health Insurance.  If you become unemployed, you can take money out of an IRA account (not a 401K) to obtain health insurance for yourself, spouse, and dependents, without paying a penalty.  To qualify, you must be collecting unemployment for at least 12 weeks and this exemption ceases 60 days after starting a new job.
  • Disability. If you become disabled before age 59½, you may be able to take penalty-free distributions from an IRA. However, you must carefully understand what qualifies as a permanent physical disability that prevents you from being gainfully employed, as per Uncle Sam’s legal and medical guidelines.
  • Inheriting an IRA.  If you are the beneficiary of a deceased owner of an IRA, you can take money from an “inherited IRA” without penalty at any age. Note that if you roll the inherited IRA into your own name, you lose the ability to take out money without paying the penalty. Note that unlike an IRA, a 401k will automatically transfer to a surviving spouse no matter who the designated beneficiary is.
  • Paying for Education. You can take money out of a pre-tax IRA account to pay for undergraduate or graduate tuition, books, supplies, and fees for yourself, your children, or grandchildren.  Be careful however, because IRA withdrawals will count as income and MAY limit eligibility for financial aid for the following year.
  • First Home Purchase.  You can take up to $10,000 penalty-free from an IRA (not a 401K) to pay for the purchase or building of your first home.  If both you and your spouse will be first time homeowners, the amount doubles to $20,000.

 

But with all of these tips, the devil is in the details.  It is always best to seek the advice of a well-seasoned Florida attorney before making any major financial decisions.  With the help of our experienced South Florida estate planning attorneys, we can make the complex United States tax-code work for you, no against you!

For more information on successful Florida early retirement tips 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

 

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