Undue Influence

Power of Attorney in Florida: Legal Acts Your Agent May Perform

Tue, 17 Jan 2012 08:00:00 GMT

The person or professional organization you grant power of attorney to in Florida will be your agent. You should consider carefully whom you choose because your health and finances could be at stake. For help, you should seek assistance from an estate planning attorney in Fort Myers, Florida.

Activities Permitted by a Power of Attorney Agent in Florida

An agent may be tasked with any of the activities that you have specified in your power of attorney, which is a legal document. It is up to you; your power of attorney could be very broad or very limited. Typical activities usually include:

selling property such as a house or car;
accessing bank accounts;
signing contracts and other legal documents;
making health decisions; and
handling financial transactions.

A power of attorney in Florida essentially gives someone the right to conduct legal acts that the maker of the power of attorney could conduct. This includes creating trusts and making gifts.

Therefore, you should not choose just anyone. Pick someone who is trustworthy and has the competence to handle affairs on your behalf. To protect yourself, you should discuss all of your concerns with an estate planning attorney in Fort Myers, Florida.

Help from an Attorney in Fort Myers, Florida, is Just a Phone Call Away

Fort Myers estate attorney Matthew A. Linde understands firsthand the importance of careful estate planning and the complexities of financial legal matters, such as probate, tax litigation and guardianship. For help with your estate planning concerns, contact our Fort Myers office to schedule a one-on-one meeting with a professional who can answer your questions – 1-239-939-7100 or 1-888-643-6514.

Avoid Florida Estate Planning Mistakes: Protect Your True Beneficiaries

Fri, 13 Jan 2012 08:00:00 GMT

You should review your estate planning documents frequently to make sure you are avoiding common estate planning mistakes, one of which, according to an article in Forbes, is having the wrong beneficiary listed. Rather than review your documents on your own, it may be a good idea to have estate planning attorneys in Fort Myers look over them with you. If you are a single parent, you may have listed a grandparent as a beneficiary when your children were minors, and now that your children are older, the grandparent may still be the beneficiary. In another scenario, you may be divorced, but still have your ex-spouse as a beneficiary.

These are common estate planning mistakes because beneficiary information is not printed on statements and it may take some time to access the original paperwork. When these mistakes are detected, costly litigation may be required to correct the error, if it can be corrected. All parties involved would need to determine their intentions, and it will be too late for you to speak up for yourself.

However, you can protect your true beneficiaries now by making sure you have their names in writing in the correct places.

Help from Estate Planning Attorneys in Fort Myers is a Phone Call Away

Fort Myers estate attorney Matthew A. Linde understands firsthand the importance of careful estate planning and the complexities of financial legal matters, such as probate, tax litigation and guardianship. For help with your estate planning concerns, contact our Fort Myers office to schedule a one-on-one meeting with a professional who can answer your questions – 239-939-7100 or 888-643-6514.

How to Avoid Florida Estate Planning Mistakes

Wed, 11 Jan 2012 08:00:00 GMT

If your estate plan is not properly conceived, there are several ways things may go awry. For example, your heirs could be left with huge tax bills, or a stranger could serve as personal representative of your estate, and if you tend to procrastinate, you may have forgotten to include any new additions to your family in your will. To avoid estate planning mistakes that could lead to these consequences, you should schedule a consultation with estate planning attorneys in Fort Myers.

A Properly Conceived Estate Plan

When you have good legal counsel providing guidance, your estate plan may:

outline instructions for the care of yourself and your loved ones;
still be effective if you move out of Florida or own property outside of Florida;
avoid probate;
keep all affairs confidential;
control your property, including life insurance and pensions;
create trusts for special needs children, minor children, grandchildren and adult children; and
provide estate tax planning.

Having a solid estate plan is not just for your best interests but your surviving spouse, dependents, and other family members too. You may benefit by having estate planning attorneys in Fort Myers help you take steps now to avoid estate planning mistakes down the road.

Help from Estate Planning Attorneys in Fort Myers is a Phone Call Away

Fort Myers estate attorney Matthew A. Linde understands firsthand the importance of careful estate planning and the complexities of financial legal matters, such as probate, tax litigation and guardianship. For help with your estate planning concerns, contact our Fort Myers office to schedule a one-on-one meeting with a professional who can answer your questions – 239-939-7100 or 888-643-6514.

Probate in Florida: The Time it Takes to Settle a Case

Sat, 07 Jan 2012 08:00:00 GMT

The length of time it takes to settle cases involving probate in Florida is contingent upon multiple factors but they generally take roughly 6 months to settle. Some cases may take more time than others, especially when lawsuits have been filed. To make matters less stressful for your beneficiaries, you should discuss all of your concerns now with an estate attorney in Fort Myers.

Typical Delays in Closing a Probate Case in Florida

In some probate cases, your personal representative might be tasked with:

selling real estate before the probate case can be settled;
resolving a creditor's dispute; and/or
resolving a lawsuit challenging the will's validity.

Any of the above circumstances could lengthen the probate administration process. Even a simple probate estate has at least an open 3-month period for creditors' claims.

In the event the estate isn’t mandated to file a federal estate tax return, then the final documents to settle the estate will first be due within 1 year after Letters of Administration are issued to your personal representative to confirm that they have the authority to serve as a personal representative. However, this time period can be extended

If a federal estate tax return is required, then the return will be due 9 months after the decedent's death, but the deadline for filing the return can be extended 6 months. The documents to settle the probate administration will be due within 1 year from the time the tax return is owed.

Help from an Estate Attorney in Fort Myers is Just a Phone Call Away

Fort Myers estate attorney Matthew A. Linde understands firsthand the importance of careful estate planning and the complexities of financial legal matters, such as probate, tax litigation and guardianship. For help with probate in Florida, contact our Fort Myers office to schedule a one-on-one meeting with a professional who can answer your questions – 239-939-7100 or 888-643-6514.

Probate in Florida: Common Probate Assets

Thu, 05 Jan 2012 08:00:00 GMT

One of the duties of a personal representative in probate in Florida is to distribute probate assets to beneficiaries. Probate assets, according to Florida law, are those that the deceased owned only in his or her name at death, or that the deceased co-owned as long as there is no mandated succession of ownership at death.

Since it can sometimes be difficult to determine which assets are probate assets, it's best to consult with an estate attorney in Fort Myers.

Examples of Probate Assets in Florida

Common probate assets include:

an investment account or bank account in the deceased's name, excluding an account payable or transferable to another individual or entity upon death;
an individual retirement account, annuity contract, or life insurance payable to the estate of the deceased, but not payable to any specific beneficiary; and
real estate in the deceased's name or in the name of the decedent and another individual as tenants in common (excluding homestead property), but no real estate in the deceased's name and anyone else's name as joint tenants with rights of survivorship.

When you meet with an estate attorney in Fort Myers, he or she can explain many more assets that are indeed probate assets, and provide valuable assistance for your estate planning.

Help From an Estate Attorney in Fort Myers is Just a Phone Call Away

Fort Myers estate attorney Matthew A. Linde understands firsthand the importance of careful estate planning and the complexities of financial legal matters, such as probate, tax litigation and guardianship. For help with probate in Florida, contact our Fort Myers office to schedule a one-on-one meeting with a professional who can answer your questions – 239-939-7100 or 888-643-6514.

Florida Estate Planning: Online Accounts and Passwords

Tue, 20 Dec 2011 08:00:00 GMT

Don't forget to include your online passwords in your Florida estate planning documents. If you fail to do so, your accounts may be inaccessible to family members or your personal representative. Like financial information, all passwords should be kept in a safe place, perhaps in files at the office of your Fort Myers estate planning attorney.

When you die, your computer and your accounts may sit dormant if your passwords are unknown. It would be a good idea to create a master list of your accounts and passwords to give your heirs or personal representative access upon your death. This will allow them to close out financial accounts and other sites.

In addition to passwords, your Florida estate planning should also include beneficiary designation forms. If you have an incomplete or inaccurate beneficiary designation form, it will be very difficult, and, in some cases, impossible to correct the error. Because these forms are contracts, they dictate who gets certain assets.

Now is a good time to make sure the beneficiary designation forms are accurate for your annuity, life insurance policy, retirement account or pay-on-death account.

For help with any Florida estate planning concerns you may have, you should meet with a Fort Myers estate planning attorney.

Help from a Fort Myers Estate Planning Attorney is Just a Phone Call Away

Fort Myers estate planning attorney Matthew A. Linde understands firsthand the importance of careful estate planning and the complexities of financial legal matters, such as probate, tax litigation and guardianship. For help with your estate planning concerns, contact our Fort Myers office to schedule a one-on-one meeting with a professional who can answer your questions – 1-239-939-7100 or 1-888-643-6514.

Florida Letters of Administration When a Brokerage Firm is Involved

Thu, 15 Dec 2011 08:00:00 GMT

If a loved that has died had assets in a brokerage firm, you might need to present Letters of Administration (LOAs) to get access to mutual funds or stock holdings. But before you take action, you should discuss your options with estate planning attorneys in Fort Myers, who can explain the pros and cons of LOAs and situations when they may or may not be necessary.

In some situations Summary Administration, which is less costly than LOAs, may be ideal, but there are eligibility requirements that you should discuss with an attorney.

Probate Scenario that May Ring True

Consider this scenario: The deceased had a brokerage account holding several investments that haven't been liquidated. Securing Letters of Administration may be necessary because, with LOAs, you would have the authority to order those stock positions be closed.

What this means is that if you wanted to sell your loved one's stock, you would most likely have to be the personal representative in possession of LOAs to make such a call.

The laws regarding Letters of Administration in Florida can be difficult to understand if probate is not your area of expertise. Sometimes LOAs are necessary and sometimes they aren't. To get an understanding of the LOA process, you should meet with estate planning attorneys in Fort Myers.

Help from Estate Planning Attorneys in Fort Myers is Just a Phone Call Away

Fort Myers estate planning attorney Matthew A. Linde understands firsthand the importance of careful estate planning and the complexities of financial legal matters, such as probate, tax litigation and guardianship. For help with your probate concerns, contact our Fort Myers office to schedule a one-on-one meeting with a professional who can answer your questions – 1-239-939-7100 or 1-888-643-6514.

When You May Need Letters of Administration in Florida

Wed, 14 Dec 2011 08:00:00 GMT

If your loved one has died and you need access to his or her bank account, a bank employee may ask you for Letters of Administration (LOAs), which are court orders that are costly and may take at least 6 months to obtain. Your first step should be to speak with estate planning attorneys in Fort Myers.

When Letters of Administration are Necessary

You may need LOAs for the following reasons:

To find out how much money is in the account: The bank can remain silent until you present LOAs as proof that they can discuss the account with you.

To open a safe deposit box: You could also get a court order for this, but a simple order typically will only allow you to take inventory without removing any of the contents.

On the other hand, you probably won't need LOAs if you want an account liquidated to heirs. Summary distribution, which is much quicker and less costly than LOAs may suffice in certain situations.

If you are unsure whether you need Letters of Administration or summary distribution, you should schedule a consultation with estate planning attorneys in Fort Myers, who can advise you on the proper steps to take.

Help from Estate Planning Attorneys in Fort Myers is Just a Phone Call Away

Fort Myers estate planning attorney Matthew A. Linde understands firsthand the importance of careful estate planning and the complexities of financial legal matters, such as probate, tax litigation and guardianship. For help with your probate concerns, contact our Fort Myers office to schedule a one-on-one meeting with a professional who can answer your questions – 1-239-939-7100 or 1-888-643-6514.

Probate in Florida: Why the IRS is Involved

Fri, 09 Dec 2011 08:00:00 GMT

Among the people and entities involved in probate in Florida is the Internal Revenue Service (IRS). The purpose, of course, is taxes, because the deceased's estate will become a new tax entity. This is one reason why you may need to consult with an estate planning attorney, in Fort Myers, Florida, to discuss how you may be affected as a beneficiary.

On the other hand, an attorney can advise you on taking steps now, before you die, to minimize any tax burdens on your beneficiaries.

Tax Documents Arising from Probate in Florida

Depending on variables such as the deceased's income and the size of the estate, the personal agent assigned to handle the administration of the estate may be tasked with filing any of the following returns:

· Final Form 1040 to report income for the deceased's last tax year;
· Form(s) 1041 to report income for the estate;
· Form 709 gift tax return to report gifts the deceased made before death; and
· Form 706 to report the gross estate as well as deductions.

The personal agent may also have to handle issues from past tax years, such as tax returns that have been flagged for various reasons or returns that weren't filed but were supposed to be filed. Complicated tax issues such as these usually necessitate an estate planning attorney in Fort Myers, Florida for probate in Florida.

Help from an Estate Planning Attorney in Fort Myers is Just a Phone Call Away

Fort Myers estate planning attorney Matthew A. Linde understands firsthand the importance of careful estate planning and the complexities of financial legal matters, such as probate, tax litigation and guardianship. For help with your probate concerns, contact our Fort Myers office to schedule a one-on-one meeting with a professional who can answer your questions – 239-939-7100 or 888-643-6514.

Probate in Florida: 10 Parties Involved in the Process

Wed, 07 Dec 2011 08:00:00 GMT

There are many entities involved in procedures regarding probate in Florida, which is one reason why the process can take months or longer. For help with your probate concerns, you should schedule a consultation with an estate planning attorney in Fort Myers, Florida.

However, probate is sometimes necessary to ensure that the deceased's creditors are paid and that assets are transferred to the appropriate individual.

10 Parties in the Florida Probate Process

Among the people and entities commonly involved in the probate process are:

· Circuit Court (where probate papers are usually filed);
· Circuit Court clerk;
· personal representative (appointed by a court to handle the administration of the estate and can be an individual, bank, or trust company, subject to certain restrictions);
· attorney for the personal representative (even in simple estate cases, legal issue are likely to arise);
· claimants;
· the IRS;
· Florida's Department of Revenue;
· surviving spouse and any children;
· any other beneficiaries; and
· the trustee of a revocable trust.

To preserve your rights throughout probate in Florida, you will need experienced legal counsel by your side. Therefore, you should not hesitate to meet with an estate planning attorney in Fort, Myers, Florida, who has handled many probate cases and will help you navigate the system.

Help from an Estate Planning Attorney in Fort Myers is Just a Phone Call Away

Fort Myers estate planning attorney Matthew A. Linde understands firsthand the importance of careful estate planning and the complexities of financial legal matters, such as probate, tax litigation and guardianship. For help with your probate concerns, contact our Fort Myers office to schedule a one-on-one meeting with a professional who can answer your questions – 239-939-7100 or 888-643-6514.

Surviving spouses sould not be tricked into paying for their deceased spouses debt

Sat, 03 Dec 2011 08:00:00 GMT

I read an article in the Wall Street Journal today that bothered me so much that I am placing this on two different places on my website in the hopes that anyone who will benefit by this information may see it. Here is the article:

http://online.wsj.com/article/SB10001424052970204224604577030043890121710.html?mod=WSJ_hp_LEFTTopStories

There is a growing problem that I want you, the spouse of a loved one who has died, to understand. If your husband or wife dies, and you did not incur the obligation (example below) then on the death of your husband or wife, their debt dies with them. You are not personally obligated to pay the debt – period. The Wall Street Journal points out a growing problem that is caused by aggressive creditors.

The creditors will (1) try to trick you into believing that you owe the money, (2) try to guilt you into believing that you owe the money, (3) try to harass you into paying the money.

What does it mean to incur the obligation? For example, your husband signed a contract with a credit card company, but you did not sign anything. Now your husband dies and he owed $15,000.00 on the credit card. You are not responsible for that money. A ruthless creditor may try to talk you into making payments or signing something making you legally obligated to pay the debt. Do not do it. For more information contact Matthew A. Linde, P.A. today!

The Estate of Huguette Clark appears headed for litigation

Tue, 29 Nov 2011 08:00:00 GMT

Huguette Clark, who died in May at the age of 104 had an estate of over $400,000,000.00. Ms. Clark died in a hospital. She had two different wills that were changed weeks apart. One will signed in March 2005 left most of the estate to her family (i.e., relatives since she had no children) and another will executed weeks later left her estate to charity and a nurse and cut out her family. Ms. Clark received her fortune from her father who was U.S. Senator William A. Clark. Senator Clark represented the state of Montana after amassing a huge fortune mining copper.

Her relatives filed an action in the New York Surrogate Court recently to review how money was spent over the last several years of her life. Ms. Clark’s assets were managed by two people named Bock and Kamsler. These two were among few people who had access to Ms. Clark over the last several years of her life. According to a court ordered accounting of the finances as overseen by Bock and Kamsler demonstrated that this woman who lived in a hospital room spent over $1,000,000.00 per month. Bock and Kamsler are accused of manipulating Ms. Clark for her money.

It appears that there will be a fight over her estate. I have seen over and over again who individuals who have wealth are usually surrounded by people who are afraid to help wealthy person is obviously becoming incapacitated. People just seem to be afraid to assert that a wealthy person is incapacitated. It is almost as if we have some type of belief that it is bad to be incapacitated, and by denying the obvious we are helping the wealthy person out. This is not true. If you or I live long enough, we will be incapacitated; it is just part of life. It is far better to claim that someone needs help than to ignore the situation because the incapacitated person is rich or was very powerful when that person had capacity. Ignoring the situation can allow the wealthy person to be exploited by those people he or she trusted. If you have a loved one who may be losing capacity, do not hesitate to contact Matthew A. Linde, P.A. today!

With Living Trusts, You Still Need a Will in Florida

Mon, 21 Nov 2011 08:00:00 GMT

Although living trusts in Florida can help you manage property for a beneficiary, you should also have a will. Otherwise, you risk having some property automatically fall into probate. With the help of a North Fort Myers, Florida attorney, you can protect yourself and your beneficiaries with the proper documents.

Wills usually have a clause naming the recipient of all property that hasn't been specifically left to a beneficiary. If you were to buy a car shortly before your death, for example, and had not yet included it in your will, you might not have had the title transferred to a living trust either. If you didn't have a will, the car would end up in the long, drawn-out probate process.

However, if you did have a will containing the clause mentioned above the car would be granted to the recipient in your will. In the absence of a will, property that hasn't been transferred to living trusts will be given to your closest relatives, according to Florida law.

Since there's no guarantee that courts will distribute your property as you'd like, your best bet is to contact a North Fort Myers, Florida attorney to have a will drafted so your wishes can be honored.

Help from a North Fort Myers, Florida Attorney is Just a Phone Call Away

North Fort Myers estate attorney Matthew A. Linde understands firsthand the importance of careful estate planning and the complexities of financial legal matters, such as probate, tax litigation and guardianship. For help with living trusts, contact our Fort Myers office to schedule a one-on-one meeting with a professional who can answer your questions - 239-939-7100 or 888-643-6514.

4 Reasons To Get an Advance Directive in Florida

Thu, 17 Nov 2011 08:00:00 GMT

One of the most important documents that you should have is an advance directive. In Florida, you can get the assistance of an estate attorney in Fort Myers for help with this document, which will allow you to make end-of-life decisions while you are capable.

Reasons to Have an Advance Directive in Florida

Although an advance directive is optional, you should consider it if:

you want your wishes respected when you are incapable of making medical decisions;
you don't want your life prolonged through artificial means; and/or
you don't want CPR performed if your heart stops and you have an end-stage condition.

You should know that no one, including your doctor, can force you to have an advance directive. However, without an advance directive in Florida, you may receive more medical treatment than you desire.

When you lack an advance directive, your medical team can consult with the following people for guidance:

your spouse;
an adult child;
a court-appointed guardian;
either one of your parents;
an adult sibling;
other relatives; or
a close friend.

If you want your voice to be heard, speak to an estate attorney in Fort Myers to help you prepare your advance directive.

Help from an Estate Attorney in Fort Myers is Just a Phone Call Away

Fort Myers estate attorney Matthew A. Linde understands firsthand the importance of careful estate planning and the complexities of financial legal matters, such as probate, tax litigation and guardianship. For help with your estate planning concerns, contact our Fort Myers office to schedule a one-on-one meeting with a professional who can answer your questions - 239-939-7100 or 888-643-6514.

Questions to Ask Estate Planning Attorneys in Fort Myers, Florida

Tue, 15 Nov 2011 08:00:00 GMT

There are many reasons to hire an estate planning attorney in Fort Myers, Florida. When you have legal guidance, you can get tips on coordinating assets, adequately providing for your children or spouse, and avoiding huge tax bills. If you try to handle your estate planning with a DIY kit, you may run into problems. Speak to estate planning attorneys in Fort Myers, Florida.

Before You Hire an Estate Planning Attorney in Fort Myers, Florida

There are a few questions you should ask estate planning attorneys, in Fort Myers, Florida, before you hire one:

Is there a flat rate for legal fees?
How will your plan be maintained?
What's the best way to choose a guardian to protect minor children until they become adults?
Will you be working directly with the attorney or members of the staff, and who should you contact with urgent questions?
Will you be notified if and when tax laws change and will there be related fees?

All of the above questions should be answered to your satisfaction when you interview potential estate planning attorneys in Fort Myers, Florida. If you are comfortable with the answers, you may have a comfortable working partnership with the attorney you choose to hire.

Help from Estate Planning Attorneys in Fort Myers is a Phone Call Away

Fort Myers estate attorney Matthew A. Linde understands firsthand the importance of careful estate planning and the complexities of financial legal matters, such as probate, tax litigation and guardianship. For help with your Florida estate planning, contact our Fort Myers office to schedule a one-on-one meeting with a professional who can answer your questions - 239-939-7100 or 888-643-6514.

How Living Trusts Help You Avoid Probate in Florida

Sat, 12 Nov 2011 08:00:00 GMT

One of the main purposes of revocable living trusts in Florida is to avoid probate upon your death. However, a North Fort Myers, Florida attorney who handles probate and estate planning will tell you that complete probate avoidance will not be easy.

Under ideal circumstances, all property that has been transferred per a living trust will avoid probate. When you die, the trustee will transfer ownership of the property to your beneficiary, as stated in your trust document. When ownership of all property has been transferred according to the terms set forth in the document, the trust will cease to exist.

Difficulties with Living Trusts

Any assets that were not in the trust and are subject to probate would still be probated.

If the trust is not properly funded, you won't be able to avoid probate, which can last for months and often entails:

identifying and inventorying property;
getting property appraised;
paying taxes and debts; and
distributing property according to your will or Florida law.

It would be best that you speak with a North Fort Myers, Florida attorney if you are seeking a living trust with the goal of avoiding probate. An attorney can help you make decisions that would be best for you and your beneficiaries.

Help from a North Fort Myers, Florida, Attorney is Just a Phone Call Away

North Fort Myers estate attorney Matthew A. Linde understands firsthand the importance of careful estate planning and the complexities of financial legal matters, such as probate, tax litigation and guardianship. For help with living trusts, contact our Fort Myers office to schedule a one-on-one meeting with a professional who can answer your questions - 239-939-7100 or 888-643-6514.

The Advance Directive in Florida: 5 Things You Should Know

Thu, 10 Nov 2011 08:00:00 GMT

If you are considering an advance directive in Florida, there a few things you should know about this document. Your fist step should be to meet with an estate attorney in Fort Myers to get a thorough understanding of what an advance directive encompasses.

5 Things to Know About an Advance Directive in Florida

The purpose of an advance directive is to enable you to make your end-of-life wishes known in the event that your medical condition prevents you from making sound decisions.

With most advance directive documents, you should know the following:

you can designate information about organ donation;
you can revoke the advance directive at any time;
if it meets legal requirements, your advance directive in Florida will be honored in other states;
in an emergency situation, those closest to you will need to provide your medical team with your advance directive, therefore it's important that you make copies of your advance directive and give them to as many people as possible (family, neighbors, clergy, doctor); and
if paramedics are called and they aren't provided with a copy of your advance directive, they will be required to perform CPR and other life-saving measures, despite your desires.

An estate attorney in Fort Myers is an excellent resource for input on advance directives. Contact an attorney today to get your estate planning documents in order.

Help from an Estate Attorney in Fort Myers is Just a Phone Call Away

Fort Myers estate attorney Matthew A. Linde understands firsthand the importance of careful estate planning and the complexities of financial legal matters, such as probate, tax litigation and guardianship. For help with your advance directive in Florida, contact our Fort Myers office to schedule a one-on-one meeting with a professional who can answer your questions - 239-939-7100 or 888-643-6514.

New weapon to set aside a Florida will during contest

Wed, 09 Nov 2011 08:00:00 GMT

Effective July 1, 2011, now a beneficiary or potential beneficiary can attack a will by claiming that the beneficiary did not intend to say in the will what the beneficiary clearly did say. Florida statute 732.615 states the following:

§ 732.615. Reformation to correct mistakes

Upon application of any interested person, the court may reform the terms of a will, even if unambiguous, to conform the terms to the testator's intent if it is proved by clear and convincing evidence that both the accomplishment of the testator's intent and the terms of the will were affected by a mistake of fact or law, whether in expression or inducement. In determining the testator's original intent, the court may consider evidence relevant to the testator's intent even though the evidence contradicts an apparent plain meaning of the will.

Before this statute took effect on July 1, 2011, if the terms of a will were clear, then the will could not be changed if the terms of the will were clear and unambiguous; however, now even if the will is clear, the terms of the will can be changed to reflect the testator or testatrix's intent if that intent can be proved by clear and convincing evidence;

This is a major change in the law; for more information, contact Matthew A. Linde, P.A. today.

What You Should Know About Florida Homestead Laws

Sat, 22 Oct 2011 08:00:00 GMT

As a homeowner and family member, you should be aware of how you or your family may be affected by Florida homestead laws. To thoroughly understand this complex area of the law, you should meet with an estate planning attorney in Fort Myers, Florida, to discuss your situation.

You should know that if you put your house in a trust, Florida homestead laws will still apply. As long as you have a spouse and minor children living in your home, you can not will it away or trust it away. The rules are different if you are single or if you have adult children.

Estate Planning for Your Florida Homestead

Since these rules are for Floridians only, you can benefit by speaking with an estate planning attorney in Fort Myers, Florida.

Your attorney can explain the specifics of homestead issues such as:

property taxes;
household expenses;
mortgage principal and interest;
protection from creditors;
the allocation of expenses;
wills;
trusts; and
durable power of attorney.

Your attorney can gather background information from you and help you get started on your estate planning to protect your family's future. With the guidance of an experienced attorney, estate planning can be a less stressful process.

Help from an Estate Planning Attorney in Fort Myers is Just a Phone Call Away

Fort Myers estate planning attorney Matthew A. Linde understands firsthand the importance of careful estate planning and the complexities of financial legal matters, such as probate, tax litigation and guardianship. For help with your Florida homestead concerns, contact our Fort Myers office to schedule a one-on-one meeting with a professional who can answer your questions - 239-939-7100 or 888-643-6514.

History of Codicil on a Will in Florida

Sat, 22 Oct 2011 08:00:00 GMT

If you're in a situation in which you need to add or delete someone from your will, you could have a new will drafted or pursue a codicil on a will in Florida. Your first step is to speak to an estate planning attorneys in Fort Myers, Florida, who can provide input on the risks involved with a codicil.

If you're unfamiliar with a codicil, you should know that's it's an amendment to your last will and testament. It amends sections of your will without the necessity of drafting a new will. It could be a few pages, a couple of paragraphs, several sentences or just one word.

Long before the computer era, documents such as wills were handwritten. While attorneys created the documents, scriveners did the actual writing. Since wills were quite lengthy, it made no sense to rewrite a 20-page document just to incorporate minor changes. Thus the codicil came about.

Eventually typewriters were widespread, but they had no memory, so a codicil was still a better option than retyping a 20-page document. Today, wills can easily be saved on computers and recreated, with no need for a codicil.

To get a better understanding of a codicil on a will in Florida vs. a new will, you should speak with estate planning attorneys in Fort Meyers, Florida.

Help from an Estate Planning Attorney in Fort Myers is Just a Phone Call Away

Fort Myers estate planning attorney Matthew A. Linde understands firsthand the importance of careful estate planning and the complexities of financial legal matters, such as probate, tax litigation and guardianship. For help with your estate planning concerns, contact our Fort Myers office to schedule a one-on-one meeting with a professional who can answer your questions - 239-939-7100 or 888-643-6514.