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Toll Free: 888.643.6514 | Local: 239.939.7100
Practice Areas
- Appeals of probate, guardianship and trust issues
- Business/corporate administration and litigation
- Elder law
- ERISA retirement plan beneficiary litigation
- Estate & disability planning
- Estate tax (Form 706) returns
- Federal trust and estate tax planning, audits and litigation
- Fiduciary litigation
- Incapacity and guardianship administration and litigation
- Probate and estate administration
- Probate litigation and will contests
- Revocable and irrevocable trust administration
- Trust and estate federal income (Form 1041) tax returns
- Trust contests and trust litigation
Blog 
Appeals of probate, guardianship and trust issues
Elder law
Estate & disability planning
- Do you need to revise the trust formula in your revocable trust?
- Power of Attorney in Florida: Legal Acts Your Agent May Perform
- Avoid Florida Estate Planning Mistakes: Protect Your True Beneficiaries
- How to Avoid Fort Myers and Cape Coral Estate Planning Mistakes
- With Living Trusts, You Still Need a Will in Florida
- 4 Reasons To Get an Advance Directive in Florida
- Questions to Ask Estate Planning Attorneys in Fort Myers, Florida
- How Living Trusts Help You Avoid Probate in Florida
- The Advance Directive in Florida: 5 Things You Should Know
- What You Should Know About Florida Homestead Laws
Estate tax (Form 706) returns
Federal trust and estate tax planning, audits and litigation
Probate and estate administration
Probate litigation and will contests
- If you live in Florida, who has access to your will if you die?
- State trial court cannot take action against personal representative, guardian or trustee without giving the fiduciary notice and an opportunity to be heard.
- Yes you can prosecute and win an undue influence case without the presumption of undue influence.
- Surviving spouses should not be tricked into paying for their deceased spouses debt
- New weapon to set aside a Florida will during contest
- This will contest demonstrates that it is critically important to have a qualified, experienced attorney prepare an estate plan to avoid endless litigation.
- The court has authority to sanction meritless claims in probate disputes.
- The lawyer made a mistake drafting the will and dad signed it, and now dad has died! (Part 1)
- What does it mean that the person executing the will lacked capacity?
- A Will can be rescinded if testator executed it based on irrational belief
Revocable and irrevocable trust administration
- Probate in Florida: The Time it Takes to Settle a Case
- Probate in Florida: Common Probate Assets
- Florida Estate Planning: Online Accounts and Passwords
- Florida Letters of Administration When a Brokerage Firm is Involved
- When You May Need Letters of Administration in Florida
- Probate in Florida: Why the IRS is Involved
- Probate in Florida: 10 Parties Involved in the Process
- Noticing creditors is a big part of the probate process
- Second District Court of Appeals rules that joint tenancy property is not automatically converted to decedent's homestead because decedent had minor children.
Trust and estate federal income (Form 1041) tax returns
- A beneficiary should file an estate income tax return if the estate has losses in the year the estate terminates.
- The American Taxpayer Relief Act of 2012 provides no relief to trust and estate income taxes
General
News
- Posted on 1/27/2013IRS Announces 2013 annual gift tax exclusion
- Posted on 1/24/2013Matthew A. Linde celebrates 10 years providing legal services in South West Florida.
- Posted on 9/21/2012Matthew A. Linde is admitted to the United States Tax Court
- Posted on 6/9/2012Matthew A. Linde, P.A. displays actual trial brief (sanitized of course) from a 2012 trial on undue influence.
- Posted on 1/31/2012Consider a Florida Trust or LLC When Leaving a Vacation Home to Heirs
Library
Florida Probate Lawyer Blog
Our Florida probate attorneys post blogs on a wide variety of topics including how to file state and federal estate and income tax returns, deal with creditors, and distribute assets according to the Florida law. Read our latest blogs and contact us today if you would like to speak with a Florida probate lawyer to receive more information. We represent clients in Fort Myers, Cape Coral, Bonita Springs, Naples, Punta Gorda and the surrounding cities.
4/3/2013
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Fort Myers attorney can assist with Alzheimer's disease and dementia care options
The WSJ referenced in this blog indicates that dementia and Alzheimer's disease is becomming one of the most expensive medical conditions in the country.Category: Elder law
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2/13/2013
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Fort Myers estate attorney discusses the time to file an appeal of a probate dispute
If you are involved in an estate lawsuit and the trial court issues an order you think is incorrect, how much time to you have to file an appeal?Category: Appeals of probate, guardianship and trust issues
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2/11/2013
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If you live in Florida, who has access to your will if you die?
If you live in Florida, who has access to your will or trust when you die? Do individuals who may not like what your will says have access to when you die.Category: Probate litigation and will contests
1/28/2013
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A beneficiary should file an estate income tax return if the estate has losses in the year the estate terminates.
If you are the personal representative of an estate, you should file a tax return if the estate has losses in the year the estate terminates.Category: Trust and estate federal income (Form 1041) tax returns
1/27/2013
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Estate tax exclusion increases to $5,250,000.00 for 2013.
Under the new tax law, an individual can give $1,000,000.00 during their life, plus $4,250,000 at their death without paying estate or transfer taxes. Read onCategory: Estate tax (Form 706) returns
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1/27/2013
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Do you need to revise the trust formula in your revocable trust?
Many estate plans split the decedent's estate into a marital and non-marital share. The non-marital share equaled the estate tax exemption. However, . . .Category: Estate & disability planning
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1/27/2013
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The American Taxpayer Relief Act of 2012 provides no relief to trust and estate income taxes
The new tax law creates a new top income tax rate for trusts and estates. Effective in 2013 trust and estate income over $11,950 is taxed at a rate of 39.6%.Category: Trust and estate federal income (Form 1041) tax returns
1/27/2013
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Who is going to get those 401k assets - maybe it is your hated former spouse.
You went through a nasty divorce and the divorce decree states that your former spouse does not receive your retirement (401k) assets. However . . . .Category: Probate and estate administration
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11/10/2012
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President John F. Kennedy believed that lower taxation creates jobs
President John F. Kennedy did not believe that the government created jobs. Instead he believed that jobs are created by private businesses and the U.S. tax policy should reflect this truth.Category: Federal trust and estate tax planning, audits and litigation
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State trial court cannot take action against personal representative, guardian or trustee without giving the fiduciary notice and an opportunity to be heard.
In state court proceedings, the court cannot take any action against a personal representative, guardian or trustee unless the court gives that fiduciary notice of the specific hearing and the opportunity to be heard.Category: Probate litigation and will contests
Yes you can prosecute and win an undue influence case without the presumption of undue influence.
Many attorneys incorrectly assume that if you cannot establish a presumption of undue influence then you don't have a case. This is not correct.Category: Probate litigation and will contests
Power of Attorney in Florida: Legal Acts Your Agent May Perform
Power of attorney in Florida ensures that you and your finances will be cared for. Call an attorney in Fort Myers for help: 1-888-643-6514 or 1-239-939-7100.Category: Estate & disability planning
Avoid Florida Estate Planning Mistakes: Protect Your True Beneficiaries
To help you avoid estate planning mistakes down the road, contact estate planning attorneys in Fort Myers. Call today – 888-643-6514 or 239-939-7100.Category: Estate & disability planning
How to Avoid Fort Myers and Cape Coral Estate Planning Mistakes
To help you avoid estate planning mistakes, contact estate planning attorneys in Fort Myers. Call today for legal guidance – 888-643-6514 or 239-939-7100.Category: Estate & disability planning
Probate in Florida: The Time it Takes to Settle a Case
The time settling cases involving probate in Florida varies depending on the case. Call an estate attorney in Fort Myers – 888-643-6514 or 239-939-7100.Category: Revocable and irrevocable trust administration
Probate in Florida: Common Probate Assets
In probate, Florida assets may include investment accounts, real estate and IRAs. Contact an estate attorney in Fort Myers – 888-643-6514 or 239-939-7100.Category: Revocable and irrevocable trust administration
Florida Estate Planning: Online Accounts and Passwords
Your Florida estate planning should include a paper trail for your heirs. Contact a Fort Myers estate planning attorney: 1-888-643-6514 or 1-239-939-7100.Category: Revocable and irrevocable trust administration
Florida Letters of Administration When a Brokerage Firm is Involved
For help with Letters of Administration for a brokerage firm, contact estate planning attorneys in Fort Myers: 1-888-643-6514 or 1-239-939-7100.Category: Revocable and irrevocable trust administration
When You May Need Letters of Administration in Florida
For help with Letters of Administration or Summary Administration, contact estate planning attorneys in Fort Myers: 1-888-643-6514 or 1-239-939-7100.Category: Revocable and irrevocable trust administration
Probate in Florida: Why the IRS is Involved
Contact an estate planning attorney in Fort Myers, Florida, for advice on all issues concerning probate in Florida – 888-643-6514 or 239-939-7100.Category: Revocable and irrevocable trust administration
Probate in Florida: 10 Parties Involved in the Process
Contact an estate planning attorney in Fort Myers, Florida, for advice on all issues regarding probate in Florida – 888-643-6514 or 239-939-7100.Category: Revocable and irrevocable trust administration
Labels: estate planning attorney probate
Surviving spouses should not be tricked into paying for their deceased spouses debt
If your spouse has died with debt, and if you the surviving spouse did not incur that debt, then don't be tricked into paying money to a ruthless creditor!Category: Probate litigation and will contests
The Estate of Huguette Clark appears headed for litigation
Huguette Clark died in May at the age of 104; before she died she executed two wills just weeks part that left her 400 million estate to different beneficiariesCategory: General
With Living Trusts, You Still Need a Will in Florida
You can’t rely solely on living trusts, you also need a will. Contact a North Fort Myers, Florida, attorney for help – 888-643-6514 or 239-939-7100.Category: Estate & disability planning
4 Reasons To Get an Advance Directive in Florida
Contact an estate attorney in Fort Myers for help with an advance directive in Florida. Call today for a consultation – 888-643-6514 or 239-939-7100.Category: Estate & disability planning
Contact Information
Let our legal professionals review your case. Begin your case review by filling out the form below:
Matthew A. Linde, P.A.
12693 New Brittany Blvd.
Fort Myers, FL 33907
Phone: 239.939.7100
Fax: 239.939.7104
Toll Free: 888.643.6514
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Videos
Estate & disability planning:
Matthew A. Linde discusses basic issues you should consider when deciding whether to sign a durable power of attorney.
Attorney Linde discusses some reasons why trusts are frequently oversold.
Incapacity and guardianship administration and litigation:
Attorney Linde discusses issues you should consider when deciding whether to petition the Circuit court to determine if someone lacks mental capacityProbate litigation and will contests:
Video of Matthew A. Linde discussing undue influence case with Lee A. Linde from 1994.General:
IntroductionFAQs
Estate & disability planning
- Many Fort Myers residents have asked, under Florida law, what is a revocable trust?
- I live in Fort Myers. I want to do some estate planning. How do I create a trust?
- What are the advantages of a trust as part of my Fort Myers, Florida estate plan?
Estate tax (Form 706) returns
- I live in Fort Myers, and my father died with a large estate, what is a Form 706?
- What is the maximum gift I can make in 2013 without paying any gift tax?
Federal trust and estate tax planning, audits and litigation
Incapacity and guardianship administration and litigation
- In Fort Myers, Cape Coral or Naples, what is an emergency temporary guardianship?
- We have a minor child in Fort Myers who is going to receive $50,000.00. What do we do?
- My dad in Cape Coral needs help. What does a guardianship cost and who pays for it?
Probate and estate administration
- We live in Fort Myers. What is probate administration? Do we need a lawyer?
- My dad just died in Naples, when a summary proceeding not a good probate option?
- My mom just died in Cape Coral, what are the 2 types of probate in Florida?
Probate litigation and will contests
- In a will contest, will challenge, will dispute or lawsuit to set aside a will because the will was procured by undue influence, how do the courts interpret the term "active procurement?"
- Are there any limitations that govern when I can attempt to remove a personal representative?
- Why can't I just tell the judge what happened and get this lawsuit over with?
Revocable and irrevocable trust administration
- What is a reasonable trustee fee?
- My husband dies without a will, and he has children of a prior marriage. Do I have to take any action to obtain an interest in his house?
- Who supervises the administration of probate in Cape Coral or Fort Myers?