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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- A Will can be rescinded if testator executed it based on irrational belief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.
Do I need a trust?
I am often asked whether an individual or couple needs a trust. Most people are not sure what a trust is, but they have heard that a trust may help them “avoid probate.” Before deciding whether you (individual or couple) need a trust it is helpful to know what a trust is. Basically, a trust is a legally enforceable agreement between the settlor (person or persons creating the trust), the trustee (the person, people or entity that has certain duties defined in the trust agreeement) and the beneficiaries. The duties the trustee has to manage the trust property and the duties the trustee has toward the settlor and the beneficiaries are defined in the trust agreement and by state (Florida) law.Category: Keyword Search: dynasty trust
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?