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Probate

Recent Posts in Probate Category

  • Think Twice Before Filling Out a Transfer on Death (TOD) Form

    Too often, the way we title newly acquired assets and financial accounts is too casual. The financial advisor or salesperson asks you how you wish to take the title and who you would like to be the beneficiary of the financial account. All too often, they create a TOD, which stands for transfer on death. Therefore, the account will pass directly to your heirs without any aggravation. ...
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  • A Critical Decision in Estate Planning: To Fund or Not To Fund Your Trust

    This article was previously published in the Naples Daily News Estate Planning Council Supplement on March 3, 2024 Imagine your revocable trust as an empty box. Funding is the equivalent of placing your valuable assets inside the box to safeguard them for the future. This is achieved by renaming (retitling) ownership of an asset from yourself to the box's manager (trustee). In certain situations, ...
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  • Navigating Trusts and Wills in Naples, Florida: A Comprehensive Guide

    Imagine you're setting out on a journey, one that impacts not just you but also those you care about deeply. Consider having a tool that not only guides this journey but also ensures your valued assets transfer to your loved ones according to your wishes. This tool is a trust. It's not merely for the affluent; it's a practical resource for anyone aiming to navigate their future with precision and ...
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  • Planning to Avoid Probate? Read this first

    Probate avoidance, or reducing the necessity to have your estate administered in the probate court, is a small part of estate administration. This article will address some of the major misconceptions about estate planning and, in particular, avoiding probate. Misconceptions of Probate Avoidance “If I avoid probate, I will not have any expenses when I die.” FALSE - As discussed below, you will ...
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  • Portability: A Time-Sensitive Estate Tax Planning Tool for Couples With Potential Taxable Estates

    This article was featured in the Naples Daily News Estate Planning Council Supplement on March 12, 2023 When a United States citizen or resident dies, if the decedent’s estate exceeds a certain threshold amount, the estate is required to file a Form 706 Estate and (Generation-Skipping Transfer) Tax Return. This threshold amount, the Basic Exclusion Amount, is $12,920,000 for the year 2023. Even if ...
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  • Patrick Courville Announced As Partner of Wollman, Gehrke & Associates, P.A.

    Naples, FL, October 2022 – Wollman, Gehrke & Associate, P.A., an Estate Planning law firm based in Naples, FL, is pleased to announce the promotion of Patrick Courville to the position of Partner with the firm. Patrick will lead the firm's growing Probate & Trust Administration department. Patrick earned a Bachelor’s degree in Mathematics & Physics from Brown University in 2007 and was awarded ...
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  • GENERATIONS Newsletter Summer 2022

    Dear Clients and Friends, Recently, many of our clients are approaching a time in their lives when they are making major transitional decisions. At these critical milestones, many will face having to address challenging issues/conversations - starting with themselves. - When are you going to stop driving? - When will you have the conversation with your children/heirs about your finances and ...
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  • PRESS RELEASE – Edward V. Smith Named Partner

    Naples, FL: Wollman, Gehrke & Associates, P.A., a boutique estate planning firm based in Naples, FL, announced that Edward V. Smith has been named Partner with the firm. Prior to joining the firm, Mr. Smith led the estate planning team at Woods, Weidenmiller, Michetti & Rudnick, LLP. Smith’s practice focuses on Estate Planning, Estate Administration, Probate, Elder, and Special Needs Planning. ...
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  • Building Your Estate Plan’s Legacy Component

    This is the sixth of a six-part series on building a comprehensive estate plan designed to protect you and your heirs for many generations to come. As our mantra states, “Today’s Plans Become Tomorrow’s Legacy.” Part 1 - Building a Road Map for Estate Planning and Financial Success Part 2 - Team Building: Original building of estate planning team Part 3 - Risk Management Part 4 - Core Documents ...
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  • Year End Federal and State Tax Strategies

    Year-end Federal and State Tax Strategies While there are many year-end tax strategies that stand the test of time, with the recent changes to the federal tax code, it is imperative to understand which changes provide new opportunities and which changes may bring about unintended consequences. The following is a quick checklist including tax strategies, reminders, and immediate action steps you ...
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  • Important Financial and Legal Documents Are You Ready for a Quick Getaway?

    Are you ready for a quick getaway? Whether going on a vacation or evacuating in the case of a hurricane, being prepared is more than packing suitcases or storing water and supplies. In Part One, we shared our checklist for things to do to prepare for a hurricane and evacuation in the case of an emergency - here we are discussing the important financial, legal and other documents that you should ...
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  • The SECURE Act Special Report

    Create your legacy and shift your tax dollars to your favorite charities while maintaining an income stream for you and your family. After much anticipation, new federal legislation titled, The SECURE Act was recently signed into law on December 20, 2019. Inside of the SECURE Act, one of the big changes is the elimination of a popular tax-deferral strategy known as the "Stretch IRA". Without the ...
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  • Tax Tips for Dealing with YOUR retirement accounts

    Roth it? Really? —— Should I Pay Tax Now on Purpose? Is it time to consider a Roth IRA ? When does it make sense to accelerate your obligation to pay more taxes electively? General answer: NEVER The general rule of income tax planning is to defer income (into the future) and accelerate deductions (into this year) to lower your income tax bill. So, when does it make sense to pay taxes early in ...
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  • Risk Management Self-Audit: Are You Exposed?

    As you go through the following Risk Management self-audit, examine whether your estate plan thoroughly addresses these essential questions. Have you analyzed how you are going to cover the high costs of long term care? Have you reviewed your long-term care insurance option, including the new combined products such as the accelerated benefit/living benefits options built inside of life insurance ...
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  • Snowbird Traffic Jam: The Mass Migration to Sunshine Savings

    Whether you’re in it for the sunshine, the savings, or both … It’s a great time to be a Floridian! While the new tax changes make moving to Florida seem like a no-brainer, the ideal conditions are likely to raise red flags for tax authorities. If you are planning to change your domicile to Florida in the coming year, it is critical that all details are reviewed with an experienced tax advisor. ...
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  • A Guide to Smooth Probate Administration Involving Real Estate

    With over 60% of Americans owning homes, it is no surprise that the home is often one ofthe largest assets that someone will own at the time of their death. Consequently, selling or buying real estate from an estate can be very tricky, time-consuming andvery expensive for both parties involved in the transaction. While there are times when a person’s estate is well prepared to avoid the probate ...
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  • Planning for a Healthy Future

    As we age, the issues of how and where to live begin to loom larger. Current and projected physical and mental decline often drive housing and care decisions. Medical costs alone are escalating and may be difficult to predict. While the majority of Americans successfully age-in-place at home, it is often not possible. Careful management of your health and detailed planning are critical to staying ...
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  • Choosing The Right Estate Appraisal Firm

    Recent history has seen the value of blue-chip collectibles increase proportionately to the stock market, and with both, at all-time highs, collectors should consider having a qualified appraiser determine the current value of their collection. While an appraisal is the logical first step there is a multitude of additional value-added services offered by professional advisory firms that can yield ...
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  • Downsizing Made Easy... You Can’t Take It With You!

    A few years ago I helped my mom de-clutter and organize her home, keeping only those items she needed, wanted, liked and used on a regular basis. While in the throes of figuring out what to keep and what not to keep, we also rearranged her accessories, knick-knacks, lamps and artwork, giving her condo a fresh and updated look. When we were done, my mother turned to me and said; “My home is in ...
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  • Elder Law Essentials: Back to the Basics

    A proper estate and long-term care plan can ensure that our elders receive the care and respect they desire and deserve as they age. Protecting yourself and loved ones from physical and financial harm is crucial, so it is important that personal wishes are evident and made legally binding. Quality of life is the primary focus of most individuals approaching their later years. Assurance that they ...
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  • Total Return Unitrust Promotes Smooth Sailing

    Imagine sailing a beautiful sailboat without a rudder. The captain may end up sailing in a circle, or worse, sailing directly into a storm. When it comes to drafting trusts, it is essential that your Trustee (Manager) has clear instructions (i.e., a rudder) on how to manage investments and make distributions from the trust. We suggest that you consider using a Total Return Trust with Unitrust ...
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  • Choosing a Fiduciary: It's a Job, Not a Reward

    We spend about 45 years working to amass a nest egg to provide for our retirement and to leave a legacy for our family. That's approximately 85,000 hours at work. Why then do we spend so little time deciding who will manage our nest egg after we become incapacitated or die? The decision of who will serve as personal representative of your estate or trustee of your trust (collectively your ...
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  • Why You Need an Experienced Florida Probate Attorney

    Probate is the legal process which determines whether an individual's last will and testament is valid or invalid. While probate may seem relatively simple, it is actually an extremely involved process that can have many variables. Not only does the will need to be verified, but an executor must be appointed in some cases, assets will need to be evaluated, heirs must be notified, claims need to be ...
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