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Welcome to PROBATELITIGATOR.COM, a website managed by Matthew A. Linde, P.A. You are probably viewing this website because of a specific need that you have. A knowledgeable person is more likely to make informed decisions. This website is designed to give you the background information necessary to ask the appropriate questions. Before you hire a lawyer arm yourself with information. That way you are much more likely to hire a competent, experienced professional who enjoys assisting you in reaching your goals.

Whether you are looking for assistance with estate planning or need help with probate, trust or guardianship administration or litigation, Matthew A. Linde desires to assist you in achieving your goals.  He regularly handles cases involving:

• Basic estate planning
  
• Business litigation
• Elder law
• Guardianship administration & litigation
• Integrated wealth transfer planning
• Litigation involving a breach of fiduciary duties
• Probate administration
• Trust administration
• Will & trust contests and probate & trust litigation

Attorney Matthew Linde's own experience with his father, Lee Linde, fuels his intense passion to achieve justice for his clients. Years ago he watched his own father, who had diminished capacity, become a victim of undue influence just a few weeks before he passed away.  The dispute following Lee Linde's death has helped Mr. Linde understand the emotions involved in these types of cases, and he is motivated to help you succeed.  As a client of the Matthew A. Linde, P.A., you will be represented by a lawyer who has great passion to obtain justice.

Business Litigation

Business litigation is actually a defined term under the Rules Regulating the Florida Bar.  Florida Bar Rule 6-16.2 defines "business litigation" as: "the practice of law dealing with the legal problems arising from commercial and business relationships including litigation of controversies arising from those relationships. "Business litigation law" includes evaluating, handling and resolving such controversies before state courts, federal courts, administrative agencies, mediators, and arbitrators. Matters not qualifying for business litigation include areas of practice dealing with personal injury, routine collection matters, marital and family law, or workers' compensation."

Estate Planning

There are many factors involved in Florida estate planning. A Fort Myers estate attorney from Matthew A. Linde, P.A. can help you with your estate plan, including creating a will, establishing a trust, tax planning, charitable giving, asset protection, integrated wealth transfer and business succession.

Guardianship Administration and Litigation

There are many different issues that can result in litigation in a guardianship proceeding including: (1) whether the person described in the petition to determine incapacity is totally or partially incapacitated, (2) if the person is incapacitated then is there a less restrictive alternative to a guardianship proceeding, (3) if there is no less restrictive alternative to a guardianship then who should the guardian should be, (4) once a guardian is selected then determining the assets of the guardianship estate, (5) if abuse has occurred before the guardianship began then determining whether the guardian should commence legal proceedings against a person who has exploited the incapacitated person before the guardianship began, (6) determining whether the guardian has properly managed the guardianship assets, (7) determining whether the guardian and agents of the guardian have been paid excessive amounts, (9) proper payment and allocation of claims and taxes of the ward, (10) issues related to termination of the guardian after death of the ward or if the ward has regained capacity. 

Litigation relating to Breach of Fiduciary Duties

A will, trust, or durable power of attorney are powerful documents that is executed by a principal and gives the principal’s agent authority to manage the principal’s financial affairs before and after incapacity and death.  Unfortunately, an elderly person who is losing capacity is unable to determine when the agent is abusing their authority, and obviously once that person has died you will be the one who will have to review the actions of a personal representative or trustee .  You must know what the fudiciary is supposed to be doing in order to identify problems. 

Elder law

Nursing home related Medicaid planning often involves structuring asset ownership in order to qualify a loved one for ICP Medicaid benefits (extended says in a skilled nursing home).  Medicaid laws are complex and required the services of a skilled, experienced professional.  

Under what circumstances can an older adult qualify for ICP Medicaid benefits?
The basic eligibility for Medicaid ICP coverage are:
- U. S. citizen or resident alien admitted for permanent residence 65 years of age or older, blind or disabled
- A resident of Florida
- Receiving skilled care in a Medicaid certified facility
- Meet the asset test
- Meet the income test
- Provide or file for a Social Security number
- Applicant must assign to the State all rights to collect private health insurance benefits and long term care benefits
- Must apply for all eligibility benefits.

Probate and Estate Administration

In Florida, once your loved one (the decedent) passes away, questions often arise concerning what has to be done to pay bills and transfer property in the decedent’s name to the proper beneficiaries; In summary, administration of a person's probate estate involves admitting the will if there is one; noticing and paying valid creditor claims and taxes, inventorying the decedent's assets and distributing the decedent's assets pursuant to the will or the Florida intestacy (i.e., without a will) statutes.  There are different types of probate proceedings.  There are summary proceedings if the decedent owned assets worth less than $75,000.00 or if the decedent died more than two years before the probate proceeding commenced.  For more information regarding probate and estate administration, contact Matthew A. Linde of the Matthew A. Linde, P.A.

Probate and Trust Litigation

Matthew A. Linde of Matthew A. Linde, P.A. offers experienced representation and concentrates a large part of his practice on trust, probate and guardianship disputes and litigation.

Litigation is commonly defined as the procedure of bringing a dispute in front of a judge or jury for resolution.  There are many different issues that can result in litigation in a probate proceeding including: (1) whether a will is valid (proper execution, invalidity because of mistake, insane delusion, fraud or undue influence), (2) determining the meaning of an ambiguous provision of a will, (3) determining who should serve as personal representative, (4) determining who the heirs of the estate are, (5) determining the assets of the estate, (6) determining whether the personal representative has properly managed the trust assets, (7) determining whether a creditor has a valid claim against the estate, (8) determining whether the personal representative and agents of the personal representative have been paid excessive amounts, (9) removal of a personal representative, (10) proper payment and allocation of estate and income taxes, (11) asset distribution issues.

There are many different issues that can result in litigation in the administration of a trust including: (1) whether a trust is valid (proper execution, invalidity because of mistake, insane delusion, fraud or undue influence), (2) determining whether a trustee or beneficiary should seek judicial modification of a trust provision, (3) determining the meaning of an ambiguous provision of a trust, (4) determining who should serve as trustee, (5) determining whether the trustee has properly managed the trust assets, (6) determining the assets of the trust, (7) determining whether a creditor has a valid claim against the trust – usually through the estate, (8) determining whether the trustee and agents of the trustee have been paid excessive amounts, (9) proper payment and allocation of estate and income taxes, (10) asset distribution issues.

Trust Administration

Since the 1980s revocable trusts have become very popular in Florida and around the country.  In fact, most wealthy individuals who have an estate plan incorporate a revocable trust into that estate plan.  If the estate plan is set up correctly, then on the death of your loved one (the decedent) there are no assets that have to be transferred pursuant to a probate proceeding.  However, that does not mean there is nothing to do.  In fact, the trustee has many responsibilities. In summary, administration of a decedent's trust involves finding a successor trustee who will accept the role as trustee, inventorying the trust assets, dealing with valid creditor claims and paying taxes, and distributing the decedent's trust assets pursuant to the trust.  Many times trusts that were revocable up the date of the decedent's death will create sub-trusts (trusts created pursuant to the main trust) that have to be funded and administered after the administration of the main trust is complete.  For more information regarding trust administration, contact Matthew A. Linde of the Matthew A. Linde, P.A.

Tax planning, audits and litigation

The tax practice of Matthew A. Linde, P.A. involves individual, corporate, trust and estate income tax planning, audits and litigation, tax planning with charitable and exempt organizations, and federal estate tax planning, audits and litigation.  Most people understand that given the complexity of the U.S. tax code it is very important for individuals and corporations to structure their affairs to minimize the tax burden.  However, many people do not realize that the same diligence is necessary to minimize the income tax burden for irrevocable trusts and the estate of a deceased person. 

Furthermore, although the estate tax burden has been reduced (at least for the next two years), it is still 35% for estates over $5,000,000.00 for single individuals, or $10,000,000.00 for married couples.  Consequently, if you have a larger estate, planning is still necessary to prevent over one-third of your estate from being transferred to the federal government upon your death. 

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