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Did you know that everyone in the state of Florida has an estate plan? Part I of Chapter 732 of the Florida Statues is you estate plan if you have assets titled in your name and do not have a will. For some people this is acceptable. However, for many of us, failing to plan is inadvertently creating a mess upon your death. Contact Mattherw A. Linde, P.A. today for more information.

What is an estate plan?  Simply stated, your estate plan is the documents that you have executed that (1) manage your assets upon your disability and (2) manage and transfer your assets upon your death.  Depending on your situation, both of these goals may involve various documents, which establish entities upon your death or disability. 

We often receive phone calls asking “how much for a will or trust?”  We always answer that question with “it depends.”  It is important to understand that when you go to see an experienced estate planning attorney your are not primarily paying for the actual document just like when you go to see a physician you are not primarily paying for surgery.  Imagine calling around town asking various heart surgeons “how much do you charge for heart surgery?”  While heart surgery is an important part of a heart patient’s treatment, it is equally important that the heart patient understand their options so he or she can make a fully informed decision.      

The same analysis is true concerning estate planning.  Estate planning is a process.  An experienced estate planning attorney will take the time to ask you questions so the attorney understands you as well as your family dynamics and your asset ownership structure.  It is very important to hire an experienced estate planning attorney because so many attorneys claim that they prepare wills and trusts as part of their practice.  As part of my litigation practice we have deposed many attorneys who claim they prepare estate planning documents and do not even know what a trust or durable power of attorney is.  Matthew A. Linde is an experienced estate planning attorney with many years of experience who has administered large estates with complicated tax issues.  Contact Matthew A. Linde, P.A. for more information.   


Terms and Conditions for Use of Website:  Matthew A. Linde, P.A. (the "Firm") makes available the information and materials on this website, http://www.probatelitigator.com, and http://www.contractlitigator.com  (the "Materials") for informational purposes only to the user ("You.”).  While the Firm hopes the Materials will be helpful as general information, the Firm does not warrant that the Materials are accurate or complete. Moreover, the Materials are general in nature, and may not apply to your legal issue. Under no circumstance do the Materials constitute legal advice and should not be relied on as such.  Furthermore, the Firm accepts clients only in accordance with mutually agreed upon procedures and renders legal advice only after completion of those procedures and when it is legally permissible for the Firm to do so. Any usage of this website and Materials is provided with no warranties or guarantees of any kind. Further, attempting to print a Webpage can distort its meaning because only part of the Webpage will actually print, and links between WebPages is severed by attempting to print a page.  These WebPages are not intended to be printed.  The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask the Firm to send you free written information about the qualifications and experience of the relevant lawyer.   The Firm regularly handles cases in Fort Myers, North Fort Myers, Cape Coral,  Bonita Springs, (Lee County) Punta Gorda, Port Charlotte, (Charlotte County) and Naples including Marco Island (Collier County).

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Blog for Estate Planning

• Power of Attorney in Florida: Legal Acts Your Agent May Perform
• Avoid Florida Estate Planning Mistakes: Protect Your True Beneficiaries
• How to Avoid Florida 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
• History of Codicil on a Will in Florida
• Codicil on a Will in Florida vs. a New Will
• Making Sense of Florida Intestacy Law
• How Florida Homestead Laws Can Protect Your Family
• Pre and Post Nuptial Agreements Are Essential
• The Florida requirements for a durable power of attorney are changing
• Does your trust or estate own your tangible personal property?
• Florida appellate court holds that husband and wife can waive homestead rights by signing a joint deed.
• Do I need a trust?

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Library for Estate Planning:

• What You Should Know About Power of Attorney in Fort Myers, Florida   
  Power of attorney in Florida ensures that you and your finances will be cared for. Contact an attorney in Fort Myers: 1-888-643-6514 or 1-239-939-7100.
• Common Estate Planning Mistakes in Florida (Part B)   
  Avoid common estate planning mistakes by meeting with estate planning attorneys in Fort Myers for legal guidance – 888-643-6514 or 239-939-7100.
• Common Estate Planning Mistakes in Florida (Part A)   
  Avoid common estate planning mistakes by contacting estate planning attorneys in Fort Myers for assistance – 888-643-6514 or 239-939-7100.
• Why Hire Estate Planning Attorneys in Fort Myers, Florida?   
  Estate planning attorneys in Fort Myers, Florida, can help you carry out your wishes. For help with Florida estate planning, call 888-643-6514 or 239-939-7100.
• Understanding Irrevocable and Revocable Living Trusts in Florida (Part B)   
  For help understanding revocable living trusts, contact a North Fort Myers, Florida, attorney – 888-643-6514 or 239-939-7100.
• Understanding Irrevocable and Revocable Living Trusts in Florida (Part A)   
  Living trusts can be either revocable or irrevocable. Call a North Fort Myers, Florida, attorney to learn what works for you – 888-643-6514 or 239-939-7100.
• Your Advance Directive in Florida & Other Essential Documents (Part B)   
  Call an estate attorney in Fort Myers for help with an advance directive in Florida and other documents like a durable power of attorney – 888-643-6514.
• Your Advance Directive in Florida & Other Essential Documents (Part A)   
  Contact an estate attorney in Fort Myers for help with an advance directive in Florida and other estate planning documents – 888-643-6514 or 239-939-7100.
• What You Should Know about a Codicil on a Will in Florida (Part B)   
  Estate planning attorneys in Fort Myers, Florida, can help if you’re considering a codicil on a will in Florida – 888-643-6514 or 239-939-7100.
• What You Should Know about a Codicil on a Will in Florida (Part A)   
  Contact estate planning attorneys in Fort Myers, Florida, if you’re considering a codicil on a will in Florida. Call: 888-643-6514 or 239-939-7100.
• Revisions to Florida’s Intestacy Law That Could Affect Your Estate   
  Contact an estate attorney in Fort Myers to learn how changes to Florida intestacy law could affect your estate. Call: 888-643-6514 or 239-939-7100.
• Changes in Florida Homestead Laws Could Affect Your Estate (Part B)   
  Changes in Florida homestead laws could affect your survivors. Call an estate planning attorney in Fort Myers, Florida, today – 888-643-6514 or 239-939-7100.
• Changes in Florida Homestead Laws Could Affect Your Estate (Part A)   
  Revisions to Florida homestead laws could affect your estate. Contact an estate planning attorney in Fort Myers, Florida – 888-643-6514 or 239-939-7100.
• The actual Florida Power of Attorney Act (Florida Statutes 709.2101-2118) is listed below verbatim   
  A copy of the actual changes to Chapter 709 (dealing with Florida durable powers of attorney) are listed below; these changes take effect on October 1, 2011.
• Part II; The Florida Power of Attorney Act, Florida Statutes 709.2119-709.2402 is listed verbatim below   
  Part II: this web page lists verbatim Florida Statutes 709.2119-709.2402; for more information about the effect of these statutes contact Matthew A. Linde, P.A.
• This article summarizes the estate and gift tax provisions of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (hence the “2010 Estate Tax Relief Act”) that was signed into law by the President on December 17, 2010 (PL 111-312, 12/17/2010). However, for information on how you can adjust your estate plan to take advantage of this new law, contact Matthew A. Linde, P.A. today!   
  For information on how you can adjust your estate plan to take advantage of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, contact Matthew A. Linde, P.A. today!
• What You Need to Know about Living Trusts   
  There are many advantages to a living trust, including the ability to manage your assets during your lifetime and the ability to distribute your assets upon your death. This article provides insight into living trusts, also known as revocable trusts. To find out if you can benefit from a living trust, contact a Fort Meyers, Florida estate attorney at Matthew A. Linde, P.A. at (239) 939-7100.

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Frequent Questions for Estate Planning:

• What are the advantages of including a trust as part of my Florida estate planning?
• How important is identifying my assets in the course of estate planning in Florida?
• Why should I assign power of attorney as part of my Florida estate planning?
• What common mistakes in estate planning in Florida should I be on the lookout for?
• I have children and all of my assets are in my spouse's name as well as mine. Should I still work with an estate planning attorney in Fort Myers to draw up a will?
• What is a trust and why might I need to have a Fort Myers estate planning attorney help me to draw one up?
• What is an advance directive and why might I need a Fort Myers estate planning attorney to help me with writing mine?
• Do I need a revocable trust in Florida?
• Why might I need to hire an estate planning attorney in Fort Myers instead of using an online kit to write my will, etc?
• What happens if someone dies in Florida, but they have no will?
• Who can serve as a personal representative in a Florida probate case?
• What does a Florida probate case entail?
• Under what circumstances can a will be challenged in Florida?
• What are Florida's homestead statutes?
• What is a "will," and what exactly are the requirements I have to follow to execute a valid will in Florida?
• How do I transfer tangible personal property to a trust, and why is it important that I understand the answer to this question?
• I have heard that when I die I can dispose of my tangible personal property with a separate written statement. Is that true? If I can do this whatare the details.
• If I become temporarily incapacitated and enter an hospital, but I have not executed an advance directive or nominated a health care surrogate, who makes decisions on my behalf?
• I just got married, but I already have an estate plan that gives my assets to my kids and my new husband has told me that he does not need or want any of my assets if I predecease him. I do not need to make any changes in my estate plan right?
• But I went to a seminar, had a nice lunch and Fred the seminar guy said . . . .

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Videos about Estate Planning:

• Are you quite sure that you really need a trust?

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Web Resources for Estate Planning:

• ACTEC - American Collete of Trust and Estate Counsel

  Description: ACTEC has a lot of good information not only about estate planning, but about trust and estate litigation.  ACTEC also puts out a quarterly publication that has some pretty good information in it.

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