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Florida Probate, Estate Planning News and More

We frequently update this page with recent estate news from the communities in Lee County, Charlotte County, Collier County, Henry County and Highland County. If you need help identifying issues and implementing your estate planning goals, contact the Matthew A. Linde,  P.A. for more information.

News Category: All CategoriesEstate PlanningProbate and Trust LitigationGeneral

Estate Planning

• Is congress creating an incentive for death?
  Jul 10, 2010

  For individuals who die in 2010, the estate tax rate is zero (0).  However, under the current law, if an individual dies in 2011 (or one minute after midnight on January 1, 2011) the tax rate increases to 55% with an exemption of $1,000,000.00.  The failure of congress to act creates great uncertainty for individuals with estates that exceed $1,000,000.00 or couples with estates that exceed $2,000,000.00.  See the following link for an interesting article from the Wall Street Journal. 

  It is becoming increasingly likely that Congress will not act before the end of the year.  Thus, in 2011, the estate tax becomes roaring back with a vengeance.  Most estate planners (I would have to include myself) were convinced that even our dysfunctional Congress would not let this happen.  However, it is prudent at this point to plan for the worst and hope for the best.  Individuals and families with estates that would have been sheltered under the old law should have their estate planning reviewed especially if the individual or family will owe estate taxes if the current law scheduled to take effect in 2011 is not changed. 

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Probate and Trust Litigation

• Matthew A. Linde passes 2010 Wills and Trusts Board Certification Exam
  Jul 28, 2010

  In October of 2009 Mr. Linde filed an application to become a Board Certified Wills, Trusts and Estates Attorney.  The Board of Legal Specialization & Education of the Florida Bar administers the certification program.  No new applicant can be board certified in Wills, Trusts and Estates unless the applicant passes the board certification exam. Matthew A. Linde has passed the 2010 Wills, Trusts and Estates Board Certification Exam. However, Mr. Linde is not a board certified Wills, Trusts and Estates attorney unless and until he meets all requirements for certification and is actually certified by the Florida Bar Board of Legal Specialization & Education. To be board certified an attorney must meet the following requirements:

  (1) A minimum of 5 years substantially engaged in the practice of law; (2) A satisfactory showing of substantial involvement in the particular area for which certification is sought during 3 of the last 5 years preceding the application for certification; (3) A satisfactory showing of such continuing legal education in a particular field of law for which certification is sought; (4) Passing an examination applied uniformly to all applicants to demonstrate sufficient knowledge, skills, and proficiency in the area for which certification is sought and in the various areas relating to such field; (5) Peer review shall be used to solicit information to assess competence in the specialty field, and professionalism and ethics in the practice of law. To qualify for board certification, an applicant must be recognized as having achieved a level of competence indicating special knowledge, skills, and proficiency in handling the usual matters in the specialty field. The applicant shall also be evaluated as to character, ethics, and reputation for professionalism. An applicant otherwise qualified may be denied certification on the basis of peer review.

  Mr. Linde believes that a professional must never be satisfied with his or her performance.  Thus, Mr. Linde continues to take steps to increase his knowledge and skill.

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General

• Matthew A. Linde passes 2010 Elder Law Board Certification Exam.
  Jun 01, 2010

  In August of 2009 Mr. Linde filed an application to become a Board Certified Elder Law Attorney.  The Board of Legal Specialization & Education of the Florida Bar administers the certification program.  No new applicant can be board certified in Elder Law unless the applicant passes the board certification exam. Matthew A. Linde has passed the 2010 Elder Law Board Certification Exam. However, Mr. Linde is not a board certified elder law attorney unless and until he meets all requirements for certification and is actually certified by the Florida Bar Board of Legal Specialization & Education. To be board certified an attorney must meet the following requirements:
  
  (1) A minimum of 5 years substantially engaged in the practice of law; (2) A satisfactory showing of substantial involvement in the particular area for which certification is sought during 3 of the last 5 years preceding the application for certification; (3) A satisfactory showing of such continuing legal education in a particular field of law for which certification is sought; (4) Passing an examination applied uniformly to all applicants to demonstrate sufficient knowledge, skills, and proficiency in the area for which certification is sought and in the various areas relating to such field; (5) Peer review shall be used to solicit information to assess competence in the specialty field, and professionalism and ethics in the practice of law. To qualify for board certification, an applicant must be recognized as having achieved a level of competence indicating special knowledge, skills, and proficiency in handling the usual matters in the specialty field. The applicant shall also be evaluated as to character, ethics, and reputation for professionalism. An applicant otherwise qualified may be denied certification on the basis of peer review.
  
  Mr. Linde believes that a professional must never be satisfied with his or her performance.  Thus, Mr. Linde continues to take steps to increase his knowledge and skill. 

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• Matthew A. Linde P.A. creates floridaprobatelitigator.com
  May 20, 2010

  Matthew A. Linde, P.A. is pleased to announce the creation of floridaprobatelitigator.com.  While most law firm web sites are all about the attorneys, floridaprobatelitigator.com is all about the problems that consumers face concerning probate and trust litigation, probate and trust administration, estate planning, guardianship administration, durable power of attorney litigation and Medicaid qualification and related asset protection planning.  Many times consumers are not sure what questions to ask about a legal problem the consumer is facing.  Floridaprobatelitigator.com is designed to provide the consumer with background information necessary so the consumer can ask intelligent questions.  This allows you the consumer to make for fully informed decisions.  Check out floridaprobatelitigator.com today! - 4 - 10


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