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Wealth Preservation Update
Information You Can Trust
July 2006

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The Senate has taken no further action regarding the potential repeal of the estate tax. As soon as there is any movement, we will keep you up to date. Now, as you have all been waiting for, the remainder of the Top 10 Most Common Estate Planning Mistakes People Make.

10 Most Common Estate Planning/
Wealth Preservation Mistakes People Make
 

The Countdown Continues:
Mistakes 5 through 1

Security

5. No Income Tax Planning for Retirement Plans. By coordinating your estate plan with your financial plan, you can minimize the income tax impact of retirement assets.

4. No Business Planning. Only a fraction of family businesses survive from one generation to the next. Proper business succession planning as a part of your estate plan is essential, especially if the business interest is one of your family’s largest assets.

3. No Asset Protection Planning for Beneficiaries. This is often overlooked. Even after your death, you can protect your assets from your beneficiaries’ creditors and, in the event of divorce, from ex-spouses.

2. No Coordination of Estate Plans. Infrequently considered, to protect yourself and your descendants fully, your estate plan should be coordinated with the estate plan of your relatives from whom you expect to inherit assets.

1. No Communication. It is our experience at Morris Law Group that clients find the estate planning and wealth preservation process more positive when families practice open and honest communication. Diligent planning, together with good communication, eliminates the probability of surprises at death. Knowing exactly what to expect when someone close passes away helps put everyone at ease during an otherwise difficult time.


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Reader Comments and Questions
 

Question
Dear Ms. Dickinson,

My wife and I, who now live in New York, recently purchased a home in Palm Beach County to be our primary residence. What steps should we take to establish our residency in Florida?

Sincerely,
Making the Move

Answer
Dear Making the Move:

The Sunshine State is unique in that it does not impose an income tax or an estate tax. Establishing your legal residency in Florida in order to avoid paying income taxes and estate taxes to the state you previously called home could save you thousands of dollars. But in order to do it right, you must do it thoroughly. The state you have left may choose to question your residency at some point in an effort to collect more revenue from you. The more you do now, the easier it will be to answer any such inquiry. A few of my suggestions follow, however, you should call me for a more in-depth discussion of this important topic.

1. Register to vote in Florida.
2. Record a Declaration of Domicile in Palm Beach County.
3. File for the Florida Homestead Exemption in Palm Beach County.
4. Update your estate planning documents to recite your Florida residency and to comply with Florida law.
5. File your Federal income tax returns and quarterly estimates as a Florida resident and stop filing those items as a New York resident.
6. Register and license your vehicles in Florida and obtain a Florida driver license.
7. Change your mailing address to Florida for all account statements, magazine subscriptions and other correspondence.
8. Maintain your bank/brokerage accounts and safe deposit box in Florida.
9. Join and be active in organizations in Florida, including a place of worship.
10. Be sure not to lease your Florida residence to others.

If you have questions about any of these steps or you need legal help updating your documents, please email us at Info@Law-Morris.com.

Best Regards,

Tasha Dickinson, Esq.

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About Morris Law Group

Morris Law Group is an estate, asset protection and business planning boutique law firm that practices exclusively in estate and gift tax planning, wills and trusts, business structuring and succession planning, asset protection, probate, planning techniques for highly compensated individuals, and national and international tax planning. Morris Law Group is dedicated to helping individuals and families preserve their wealth for future generations, maximizing inheritances and minimizing taxes.

Founding partner Stuart R. Morris is experienced and accomplished in handling a diverse range of estate planning and asset protection needs. In addition to being a Certified Public Accountant, he is recognized by The Florida Bar as an expert in wills, trusts, and estates as well as elder law.

Tasha K. Dickinson heads up the Wealth Preservation Department. Licensed to practice in Florida and North Carolina, she is active in the Bar Association on the national, state and local level. She also sits on the Board of Directors for the Palm Beach County Chapter of the Florida Association of Women Lawyers.

Gregory S. Bloshinsky leads the Trust and Estate Administration Department. He is a member of the State Bar of Florida, the Greater Boca Raton Estate Planning Council, the Elder Law Section and the Real Property, Probate and Trust Law Section of the Florida Bar and the American Bar Association. Mr. Bloshinsky employs a very hands-on representation style and tailors his services to each client’s special needs and circumstances.

Joanne H. Rogers joined Morris Law Group to practice exclusively in the area of her expertise, estate planning. In this role, she drafts complex estate planning documents utilizing cutting edge tax and estate planning techniques to reduce clients’ estate taxes and preserve their wealth. She also has extensive experience in the trust company industry.

Morris Law Group has earned the trust and respect of its clients by educating them on technical aspects of the law in an understandable manner, and by providing the highest level of personal and discreet service. Morris Law Group proudly offers highly skilled legal counsel with a keen understanding of individual, family, and business needs. Morris Law Group has achieved an AV® Peer Review Rating, the highest rating afforded, from Martindale-Hubbell. The firm has five offices strategically located throughout South Florida in Boca Raton, Aventura, Weston, West Palm Beach and Wellington to provide convenient service to clients in Palm Beach, Broward and Dade counties and from across the country.

This publication is intended for general information purposes only. It is not intended to constitute individual legal advice to any specific client.



Phone: 561.750.3850
Fax: 561.750.4069