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Matthew A. Linde, P.A. handles cases involving probate and trust administration, fiduciary, trust, probate and guardianship litigation and estate planning which includes, creating a will, tax planning, charitable giving and asset protection.   We regularly represent clients in Cape Coral, Bonita Springs, Punta Gorda, Port Charlotte, Naples, Immokalee, and throughout Florida.

Adult Guardianship Administration and Litigation

There are many different issues that can result in litigation in a guardianship proceeding including: (1) whether the person described in the petition to determine incapacity is totally or partially incapacitated, (2) if the person is incapacitated then is there a less restrictive alternative to a guardianship proceeding, (3) if there is no less restrictive alternative to a guardianship then who should the guardian should be, (4) once a guardian is selected then determining the assets of the guardianship estate, (5) if abuse has occurred before the guardianship began then determining whether the guardian should commence legal proceedings against a person who has exploited the incapacitated person before the guardianship began, (6) determining whether the guardian has properly managed the guardianship assets, (7) determining whether the guardian and agents of the guardian have been paid excessive amounts, (9) proper payment and allocation of claims and taxes of the ward, (10) issues related to termination of the guardian after death of the ward or if the ward has regained capacity. 

Durable Power of Attorney Litigation

A durable power of attorney is a powerful document that is executed by a principal and gives the principal’s agent authority to manage the principal’s financial affairs.  Unfortunately, an elderly person who is losing capacity is unable to determine when the agent is abusing their authority.  If you suspect this is happening to your loved one, knowledge if your options is important.

Estate Planning

There are many factors involved in Florida estate planning. A Fort Myers estate attorney from Matthew A. Linde, P.A. can help you with your estate plan, including creating a will, establishing a trust, tax planning, charitable giving, asset protection, integrated wealth transfer and business succession.

Guardianship of Property for Minor Child

Under Florida guardianship law, a minor is defined as a person under 18 years old whose disabilities (i.e., being considered a minor) have not been removed by marriage or otherwise.  Florida law requires the establishment of a guardianship of the property for a minor whenever a net settlement or judgment that will ultimately belong to a minor exceeds $ 15,000.00 or whenever any amount is awarded to a minor as a result of a wrongful death action under Florida Chapter 768. If a minor is a beneficiary of an estate, trust, life insurance policy, annuity, pension, profit sharing, stock-bonus, stock-ownership plan or individual retirement account a guardianship may be necessary if the amount to be received in the aggregate is greater than $ 15,000.

Prenuptial and Postnuptial Agreements

The follow circumstances occur all too often in Florida.  Assume that you are a mature (say over 65) man or woman with a sizable estate who is in love. You may have been married for many years and your spouse unfortunately passed away a few years ago.  However, before you marry again there is some information you should be aware of. Without a pre or post nuptial agreement, the moment your marriage is final your spouse has the following rights to your estate upon your death if you were domiciled in Florida even if you have a will: (1) the right an intestate share of your probate estate under certain circumstances (pretermitted spouse); (2) the right to receive thirty percent (30%) of your elective estate; (3) a life estate in your homestead property; (4) the right to $20,000.00 of tangible personal property, (5) the right to two vehicles; (6) all qualified tuition programs authorized by Section 529 of the internal revenue code, (7) a family allowance during administration not to exceed $18,000.00; Thus, without proper planning Florida law can act like a wrecking ball on your previously executed estate plans.

Probate and Estate Administration

In Florida, once your loved one (the decedent) passes away, questions often arise concerning what has to be done to pay bills and transfer property in the decedent’s name to the proper beneficiaries; In summary, administration of a person's probate estate involves admitting the will if there is one; noticing and paying valid creditor claims and taxes, inventorying the decedent's assets and distributing the decedent's assets pursuant to the will or the Florida intestacy (i.e., without a will) statutes.  There are different types of probate proceedings.  There are summary proceedings if the decedent owned assets worth less than $75,000.00 or if the decedent died more than two years before the probate proceeding commenced.  For more information regarding probate and estate administration, contact Matthew A. Linde of the Matthew A. Linde, P.A.

Probate and Trust Litigation

Matthew A. Linde of Matthew A. Linde, P.A. offers experienced representation and concentrates a large part of his practice on trust, probate and guardianship disputes and litigation.

Litigation is commonly defined as the procedure of bringing a dispute in front of a judge or jury for resolution.  There are many different issues that can result in litigation in a probate proceeding including: (1) whether a will is valid (proper execution, invalidity because of mistake, insane delusion, fraud or undue influence), (2) determining the meaning of an ambiguous provision of a will, (3) determining who should serve as personal representative, (4) determining who the heirs of the estate are, (5) determining the assets of the estate, (6) determining whether the personal representative has properly managed the trust assets, (7) determining whether a creditor has a valid claim against the estate, (8) determining whether the personal representative and agents of the personal representative have been paid excessive amounts, (9) removal of a personal representative, (10) proper payment and allocation of estate and income taxes, (11) asset distribution issues.

There are many different issues that can result in litigation in the administration of a trust including: (1) whether a trust is valid (proper execution, invalidity because of mistake, insane delusion, fraud or undue influence), (2) determining whether a trustee or beneficiary should seek judicial modification of a trust provision, (3) determining the meaning of an ambiguous provision of a trust, (4) determining who should serve as trustee, (5) determining whether the trustee has properly managed the trust assets, (6) determining the assets of the trust, (7) determining whether a creditor has a valid claim against the trust – usually through the estate, (8) determining whether the trustee and agents of the trustee have been paid excessive amounts, (9) proper payment and allocation of estate and income taxes, (10) asset distribution issues.

Trust Administration

Since the 1980s revocable trusts have become very popular in Florida and around the country.  In fact, most wealthy individuals who have an estate plan incorporate a revocable trust into that estate plan.  If the estate plan is set up correctly, then on the death of your loved one (the decedent) there are no assets that have to be transferred pursuant to a probate proceeding.  However, that does not mean there is nothing to do.  In fact, the trustee has many responsibilities. In summary, administration of a decedent's trust involves finding a successor trustee who will accept the role as trustee, inventorying the trust assets, dealing with valid creditor claims and paying taxes, and distributing the decedent's trust assets pursuant to the trust.  Many times trusts that were revocable up the date of the decedent's death will create sub-trusts (trusts created pursuant to the main trust) that have to be funded and administered after the administration of the main trust is complete.  For more information regarding trust administration, contact Matthew A. Linde of the Matthew A. Linde, P.A.

Tax planning, audits, appeals and litigation

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