Posted on Feb 13, 2017

We are pleased to announce that Linde Law Group is opening an office near downtown Naples. The address of the new building is the Linde Professional Building, 2900 14th St., N., Naples, FL 34103. We look forward to expanding our presence in Naples. Linde Law Group provides legal services in estate planning, probate and trust administration, probate and trust litigation, elder law and guardianship administration and litigation. For more information contact Linde Law Group today!!

Posted on Aug 03, 2016 

Tucson, AZ - The National Elder Law Foundation (NELF) – the only organization approved by the American Bar Association to offer certification in the area of elder law - has announced that Matthew A. Linde of Fort Myers, Florida has successfully completed its examination leading to such certification as of August 2nd, 2016.

Certification in elder law – one of the fastest growing fields in the legal profession – will provide a measure of assurance to the public that the attorney has an in-depth working knowledge of the legal issues that impact the elderly.

Matthew A. Linde, of the Linde Law Group in Fort Myers, Florida is now a Certified Elder Law Attorney by the National Elder Law Foundation. Mr. Linde is also Board Certified by the Florida Bar in Elder Law and in Wills, Trusts and Estates. Mr. Linde has practiced elder law in Florida and other states for over 20 years and focuses his practice on: estate planning, administration and litigation, guardianship administration and litigation, elder law including asset and long-term care planning for the elderly and limited tax litigation. Matthew A. Linde is a originally a graduate of University of Wisconsin Law School and has a Master of Legal Letters in Taxation from Golden Gate School of Law in San Francisco, California. Mr. Linde and has been a resident of Lee County since 2002. 

For more information contact Linde Law Group at 239.939.7100. 

Posted on Jun 01, 2016

Matthew A. Linde is one of only eleven (11) attorneys in Florida (out of 85,827 as of June 2016) who have attained Board Certification by the Florida Bar in Elder Law and in Wills, Trusts and Estates. Certification is the Florida Bar’s highest evaluation of an attorney's competency, experience and professionalism in the areas of law approved for specialization. Do you need an Expert in Elder Law and Wills, Trusts and Estates? If so Matthew A. Linde has been evaluated for professionalism and tested for expertise!

Matthew A. Linde Attains Accrediation With The V.A.

Posted on Jul 25, 2015

Only VA-accredited agents and attorneys may charge fees for assisting in a claim for VA benefits, and only after the VA has decided the claim, a notice of disagreement has been filed initiating an appeal of that decisions, and the agent or attorney has compline with the Power-of-attorney requirements in 38 C.F.R. 14.631 and the fee agreement requirements in 38 C.F.R. 14.636(g). 

Do you have a potential claim for benefits before the V.A? If so see Matthew A. Linde for more information.

Posted on Jun 01, 2015

The Florida Bar Board of Governors has appointed Matthew A. Linde, Esq., to the Board of Directors of the Florida Lawyers Assistance, Inc. as of July 1st. 2015. Florida Lawyers Assistance, Inc. is a non-profit corporation formed in 1986 in response to the Florida Supreme Court’s mandate that a program be created to identify and offer assistance to bar members who suffer from substance abuse, mental health, or other disorders which negatively affect their lives and careers. Mr. Linde believes that giving back to the community.

Posted on Aug 04, 2013

Matthew A. Linde becomes one of only 335 lawyers to be Board Certified by the Florida Bar in Wills, Trusts and Estates. Approximately six percent of the lawyers who are currently licensed to practice law in Florida are Board Certified by the Florida Bar, and less than one-half of one percent of the lawyers currently licensed to practice law in Florida are Florida Bar Board Certified in Wills, Trusts and Estates.

Matthew A. Linde is now authorized to advertise that he is an expert in Wills, Trusts and Estates. Why would you want someone other than an expert to assist you with your Wills, Trusts or Estates issues? Matthew A. Linde has been evaluated for professionalism and tested for expertise. For more information contact Matthew A. Linde today! 

Posted on Sep 21, 2012

Matthew Linde has practiced tax law for many years. Before moving to Florida in 2001, Matthew Linde worked in the Private Client Services section of Arthur Andersen, LLP in downtown Los Angeles, California. At Andersen Matthew Linde worked on very complicated income and estate tax issues for wealthy clients and successful businesses. Matthew Linde also has a Master of Legal Letters or LL.M. in taxation and has continued to assist individual and entites with tax planning while in Florida. If you have issues tax planning issues or contested issues before the IRS contact Linde Law Group today at 939.7100.

If you have a vacation home, you may want to consider setting up a trust or an LLC (Limited Liability Company) for intrafamily transfers. They are also useful for as blueprints for sharing expenses. After all, a major issue will be paying the costs of maintaining the home – utility bills, insurance, and taxes - when the prior owner dies.

According to a Wall Street Journal article, some other factors that you may want to consider include:

• How well family members get along;

• How far they live from the vacation home;

• What will happen if children who inherit the home get married; and

• Who will utilize the property.

If you want the home to stay in your family, understand that lack of financial resources and distance could lead to the house being sold.

If you leave the home to your family in a trust, you can use life insurance to fund the trust. This would pave the way for a trustee to manage the vacation home and insurance proceeds would cover expenses. If an heir seeks to sell, trust money could be utilized to buy out that heir.

If your children get along and estate taxes aren’t an issue, you may want to opt for an LLC and a maintenance fund, along with an operating agreement. A Fort Meyers estate planning attorney can review your situation and explain your options in greater detail.

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 – 239-939-7100 or 844-764-5492.

If you have several heirs, you might want to think about your emotional legacy. Part of your estate planning process should be based on how you expect to be remembered and how family relationships will be affected by your decisions.

Some advisers, according to a Wall Street Journal article, agree that when loved ones receive different disbursements in a will it can lead to problems, despite how reasonable the circumstances may be.

For example, parents might decide to leave more of their estate to the child who has the most children and maybe less to a child they have helped out financially in the past. Under other circumstances, they may want to avoid enabling a child with gambling or drug problems. 

However, it’s worth noting that things change over time. In the future, long after you have written your will, there may be more grandchildren or a previously financially secure child may become seriously ill.

Whatever decisions you make, you’ll need to be clear with your children about how your estate will be divided. By all means, there should be no surprises in your will. Now is the time to explain why you are doing what you’re doing.

If you need help with your estate planning, you can schedule a consultation 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 – 239-939-7100.

If your loved one has accumulated a significant amount of debt, understand that it will not automatically go away upon his or her death. There are a number of things that may happen to debt. The following questions have been answered by a Wall Street Journal article. 

• Who pays what? If it was a joint credit card account, for example, the survivor will be responsible for making the payment. If the account is only in the deceased person's name, you may be off the hook legally. How the person died does not affect who is responsible.

• What tactics will debt collectors use? If you have a will, a debt collector could go to probate court and file a claim. However, assets going to relatives are typically off-limits.

• What if the deceased didn't have a will? Debt collectors will try to persuade someone who isn't obligated to pay.

• What do lenders do for protection? Risky borrowers are generally charged higher interest rates.

• How is a mortgage affected? The house could be repossessed if only the deceased signed the mortgage. If the survivor is also a borrower, then he or she will be responsible for paying. 

To ensure that you have a solid estate plan, you should schedule a consultation with a Fort Myers probate attorney.

Help from a Fort Myers Probate Attorney is Just a Phone Call Away

Fort Myers probate 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 844-764-5492.

If your financial portfolio includes an IRA and you have no plans to deplete it, it's very important that you name a beneficiary. Your IRA can be advantageous to beneficiaries, whether it's a Roth or traditional IRA, according an article at Forbes.com. However, specific guidelines will need to be followed to bypass significant taxes and have funds available for your beneficiary's lifetime.

To make this a reality, you should schedule a consultation with an experienced Fort Myers estate planning attorney. When your beneficiary inherits the IRA, the key is not to roll it over or move it in any other manner. 

It will need to be re-titled with the names of the deceased and the beneficiary. With this "stretch IRA," your beneficiary cannot withdraw money in a lump sum; money can be withdrawn in increments over the beneficiary's lifetime.

Required minimum distribution (RMD) withdrawals are required to start December 31 on the year following the inheritance of the IRA. Although they are taxable, the amount is much less than what would be taken from a lump sum.

Since the stretch IRA is supposed to last a lifetime, you can calculate your life expectancy, based on IRS standards, and divide your IRA balance by those years to get your RMD.

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

Fort Myers probate 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 844-764-5492.

On January 9th, 2012, Matthew A. Linde was admitted to practice before the U.S. Supreme Court. What is interesting about the federal courts is that an attorney licensed in a state must separately apply to each federal court that the individual intends to practice in front of. The U.S. Supreme Court is necessary not only because it hears discretionary appeals from federal courts, but also because the U.S. Supreme Court is generally the only court that hears appeals from the various state supreme courts. For additional information, contact Linde Law Group today.

Besides signing papers to establish your estate plan, you need to make sure your heirs will be able to find your documents. According to an article in The Wall Street Journal, many states, including Florida, are investigating whether certain insurers are not paying unclaimed policies to beneficiaries.

Insurers, however, claim they are conducting business lawfully. Based on policy contracts, they don't have to take action to determine whether a policyholder is still among the living, but they are required to pay when beneficiaries do request payment.

To avoid any problems with your policy, you can get the assistance of a Fort Myers estate planning attorney to help you secure important documents and keep your family posted of their whereabouts.

If you fail to keep any important papers in order, financial consequences could be significant. The National Association of Unclaimed Property Administrators has verified that state treasurers are holding $32.9 billion in unclaimed assets, including bank accounts. If you think you have unclaimed assets, visit MissingMoney.com.

Experts suggest you create a folder of documents that your loved ones can access in an emergency. You can also leave your documents with your Fort Myers estate planning attorney or keep them at home in a fireproof safe. Just make sure someone you trust knows the combination.

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 844-764-5492.

If you have been procrastinating about your estate planning, now is a good time to stop putting it off. If you need assistance, you can get in touch with an estate planning attorney in Fort Myers. To help you get started, here are 4 things you should know about estate planning, according to an article at CNNMoney:

• Despite how much or how little you are worth, you should have an estate plan to outline your financial goals when you die.

• There are several elements to an estate plan. They include a will, living will, and power of attorney. Depending on your situation, you may also need a trust.

• When you take inventory of your assets, you should include all investments,insurance policies, retirement savings, business interests, and real estate holdings. Now is the time to decide who will get your assets and who will handle your affairs if you are incapacitated.

• If you discuss your estate planning with your heirs, you may prevent confusion and disputes down the road. When you make your intentions clear, you can dispel potential conflicts.

Estate planning can be very difficult, with tax laws continually changing and other legal issues often cropping up. To protect your interests, you should schedule a consultation with an estate planning attorney in Fort Myers. 

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 844-764-5492.

If you have any concerns about filing a gift tax return, you may want to schedule a consultation with a Fort Myers estate planning attorney. Generally, gifting over $13,000 to an individual necessitates the filing of a gift tax return, according to Better Business Bureau. However, there are exceptions to this rule, depending on who you are gifting and what the gift is for.

If you are gifting your spouse, a gift tax return will not be necessary. Charities don’t count either because the IRS will consider gifts to charities contributions that may be tax deductible. School tuition doesn’t count either, and neither does medical expenses, even if you are paying those expenses for a non-relative. 

However, such gifts must be paid directly to a hospital or school. Keep in mind that if you make a contribution to a Section 529 plan (college savings), your payment will not go directly to a college, so it likely will not be waived. 

When you make a gift valued at more than $13,000, don’t stay awake at night worrying about the gift tax. The IRS will spot you $5 million throughout your lifetime, meaning you can gift $5 million in your lifetime, and $13,000 per person annually, before you trigger the gift tax. However, you still must file a return so the IRS can keep track of transfers.

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 844-764-5492.

If you’re the parent of a young child or children in Florida, your estate planning should include the naming of a guardian in your will. If you don’t name a guardian and your child becomes orphaned, your child’s fate could be up to a judge.

Although it can be emotionally disturbing to name a guardian for your children, it’s important that you do so. To get past the emotional block, consider the following, from an article at The Wall Street Journal: 

• A guardian isn’t forever. You can change your mind later, through a codicil, if you decide that the person you picked wasn’t a good choice.

• The guardian doesn’t have to be a blood relative. Close family friends can and should be considered.

• You and your spouse will need to compromise if you’re having trouble naming a guardian. You should each make a list of potential guardians and try to find common ground. 

After you’ve compiled a list of potential guardians: 

• Spend time with each to get a feel for how they’ll treat your children;

• Discuss practical details such as geography, education, and religion; and

• Consider lifestyle issues, such as whether your potential guardian has the housing to accommodate your children.

Keep in mind that many guardians named in wills never actually have to take on the role of guardian. Still, it’s best not to leave this to chance. For help, you can speak with an estate planning attorney in Fort Myers.

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 guardianship 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 844-764-5492.

Although the most important document that you need for your Florida estate plan is a will, there are other must-have documents tailored to certain circumstances, according to an article in The Wall Street Journal:

• Revocable trusts - these can be changed during your lifetime and they’re more private than wills and more difficult to dispute.

• Letter of instruction - provides your executor with contact information for your Fort Myers estate planning attorney, financial advisers, and accountant. It can also provide funeral instructions.

• Durable financial power of attorney form - without this, no one will be able to make financial decisions if you become incapacitated.

• Proof of ownership - documentation of any real estate ownership, stock certificates, cemetery plots, vehicles, escrow mortgage accounts, and so forth. It’d be a good idea to keep copies of your last 3 tax returns available. They can provide a snapshot of your assets.

• Life insurance and retirement accounts – copies of your insurance policies, especially those provided by an employer, should be accessible by a close family member. You should also compile a list of annuities, pensions, 401(k) plans, and individual retirement accounts.

These are just a few of the documents that should accompany your will. Additional documents include a healthcare power of attorney form, marriage license, or divorce papers. You can always discuss your individual needs with a Fort Myers estate planning attorney.

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 844-764-5492. 

In order for adult guardianship to be appropriate, your loved one must be mentally or physically incapable of making decisions. If he or she has any legal documents such as a living will or power of attorney for finances, you should have them reviewed by an adult guardianship attorney in Fort Myers, Florida.

According to an article at Caring.com, you should keep in mind the following 4 situations when considering adult guardianship: 

• if your loved one lacks power of attorney for finances, adult guardianship may be necessary for the estate;

• if your loved one lacks a living will or other advance directive, adult guardianship may be necessary for making healthcare decisions;

• if your loved one has an advance directive, adult guardianship may still be necessary to handle medical matters that aren't covered under the advance directive, which is provided that the advance directive doesn't name an agent for such decisions; and

• If your loved one has a power of attorney for finances and healthcare, adult guardianship may still be necessary to make life decisions such as where to live and who should be allowed to visit. 

For more input on adult guardianship, you should schedule a meeting with an adult guardianship attorney in Fort Myers, Florida.

Help From an Adult Guardianship Attorney in Fort Myers is a Phone Call Away

Fort Myers adult guardianship 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 adult guardianship 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 844-764-5492.

As estate-tax rules become more complicated and the market more volatile, some people are putting more of their savings into IRAs, an article at The Wall Street Journal states. Consequently, some widows and widowers are being negatively affected by mistakes made regarding their inheritance.

When you inherit your spouse's IRA, you can roll it over into your own IRA. If you are 59 1/2 or older, this makes sense but if you are younger and need to access your IRA, you could face a 10% penalty. One option is an inherited IRA, in which you may have to follow a withdrawal schedule.

Your portfolio should reflect investments in your inherited IRA or inherited brokerage accounts. Widows and widowers should get help to assess risk tolerance and then redeploy assets in a way that brings about comfort. 

Another mistake some widows and widowers make is collecting minimal Social Security benefits at age 60. More benefits can be collected if you wait until your full retirement age, which is based on your birth year.

For more tips on protecting your finances in these volatile times, you should meet with your estate planning attorney in Fort Myers, Florida. Take control of your money, don't let the government diminish your rightful stock options simply because you weren't aware of all the new rules and regulations.

Help from an Estate Planning Attorney in Fort Myers is 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 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 844-764-5492.

Many people erroneously believe that a will is the only necessary document for estate planning. This is not so if you want a rock-solid estate plan designed to reduce estate taxes, avoid probate, and protect your assets in the event you become mentally or physically incapacitated.

According to an article at ElderLawAnswers.com, a good estate plan should include at least a will and a durable power of attorney. Other useful instruments include a trust, directives and the designation of beneficiaries, as described below: 

• Will - If you lack a legally-binding will, the state of Florida will determine how your property will be distributed.

• Trust - In some circumstances, a trust, which is a private document, can help you to avoid probate and save time and money for your beneficiaries.

• Power of attorney - This allows you to appoint someone to handle your finances if you become mentally or physically incapacitated.

• Medical directive - This allows you to make your medical wishes known while you're healthy and sound.

• Beneficiary designations - When you create your estate plan, it would be a good idea to also make sure your beneficiary designations for your retirement plan are updated. To control where your money will go, you need to name beneficiaries. 

To give your estate plan a check-up, you should speak to an estate planning attorney in Fort Myers, Florida.

Help from an Estate Planning Attorney in Fort Myers is 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 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 844-764-5492.

When an individual can no longer make important life decisions, a judge may appoint a guardian to make those decisions. This person, often called a conservator or adult guardian, may be tasked with calling the shots on decisions regarding finances, personal care or medical issues.

According to an article at Caring.com, adult guardianship, also known as conservatorship, has several advantages: 

• Family members can have peace of mind that someone is making decisions for their loved one;

• The guardian will have authority when it comes to dealing with third parties; and

• Major decisions may require a judge's approval. 

A few disadvantages are: 

• Adult guardianship can be costly to establish and time-consuming;

• An older individual may find it humiliating; and

• It can be an emotional experience for family members if they disagree on who should be the guardian. 

Adult guardianship may be ideal if your loved one is suffering with a form of dementia, such as Alzheimer's disease; a stroke; life-altering injuries; or any other serious medical condition. However, if the individual has an advance directive or durable power of attorney for finances, some medical and financial decisions might already be established. 

To find out if adult guardianship would be a good fit for your loved one, you should schedule a meeting with an adult guardianship attorney in Fort Myers.

Help From an Adult Guardianship Attorney in Fort Myers is a Phone Call Away

Fort Myers adult guardianship 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 adult guardianship 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 844-764-5492.

You may consider it an honor to be asked to be an executor of an estate, but you should be warned of the tough task that lies ahead, according to a Wall Street Journal article.

After someone's death, you'll be faced with numerous tasks, and if anything goes wrong, legal repercussions may arise. Also, it's not uncommon for relationships to be adversely affected. If you take on this job, you should be organized and prepared to deal with a lot of red tape.

Sources indicate that incidences of troubled executorships are increasing, with one source calling it an epidemic. The increase could be related to the sour economy, causing a lot of fighting over inheritances.

Keep in mind that the executor has the job of administering the will through probate, and this generally involves the following:

• paying bills;

• accounting for assets; and

• distributing property per the deceased's wishes.

For a mid-sized estate, this may take up to 2 years, but for larger, more complicated estates, it could take more than 3 years. When heirs challenge the will, you could be thrown amid depositions and court appearances. Ideally, the role of executor isn't a position for amateurs. If you need help, you should speak to an estate planning attorney in Fort Myers.

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 844-764-5492.