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Florida Estate Planning Attorneys Experienced in All Tax Matters

As part of our Trusts and Estates practice, we advise clients with respect to tax planning and filing tax returns during the estate planning and estate administration processes. Our estate planning attorneys utilize a variety of tools to help our clients mitigate their estates’ and beneficiaries’ tax liability, and we work directly with trustees and personal representatives to file all necessary returns in order to comply with state and federal law.

Mitigating Tax Liability in Your Estate Plan

While the federal estate tax applies to only to high-net-worth individuals and couples (as of 2018, the individual estate tax exemption is $11,180,000), even those with substantially smaller estates can face undesirable tax consequences if they do not factor state and federal tax laws into their estate plans. We work closely with our clients to understand the potential tax consequences of their estate planning goals, and we use appropriate tools to mitigate overall tax liability to the greatest extent possible. Our attorneys routinely advise and assist clients with:

  • Capital Gains and Income Tax Planning
  • Recovery of Previously-Paid Taxes
  • Charitable Deductions
  • Retirement Plan Distributions
  • Post-Mortem Planning
  • Generation-Skipping Taxes
  • Off-Shore Trusts
  • Lifetime Transfers
  • Personal Residence Trusts
  • 1031 Exchanges
  • Sales of Highly-Appreciated Assets

For some individuals and couples, the steps required to avoid unnecessary tax liability will be minimal. For others, tax planning can play a central role in the broader estate planning process. Regardless of the extent of your tax planning needs, we can use our experience to make sure your loved ones and other beneficiaries are able to retain as much of your estate as possible.

Filing Tax Returns During Estate and Trust Administration

As a trustee or personal representative, one of your duties is to ensure that all necessary tax returns get filed on the estate’s behalf. Depending upon the extent of your assigned duties, you may have an obligation to mitigate tax liability on behalf of the estate or the named beneficiaries as well. We represent trustees and personal representatives in Florida with regard to all tax-related matters, including the filing of:

  • Gift Tax Returns – Filing a gift tax return may be necessary in order to report a taxable gift (or multiple taxable gifts) or for compliance purposes. For example, a federal gift tax return may be required to ensure that gifts to a life insurance trust qualify for the annual gift tax exclusion.
  • Estate Tax Returns – Even if an estate is not subject to the federal estate tax, it may be appropriate to file an estate tax return in order to elect portability of a decedent’s lifetime unified credit against estate and gift tax.
  • Fiduciary Income Tax Returns – As a trustee or personal representative, you must file income tax returns related to the performance of your fiduciary duties.

Speak with a Trusts and Estates Lawyer in Naples, FL

If you would like more information about tax planning or filing tax returns as a trustee or personal representative, please contact us to schedule a confidential consultation. To speak with a trusts and estates lawyer at our offices in Naples, FL, please call 239-325-4070 or inquire online today.


Main Office

Vanderbilt Galleria
9045 Strada Stell Court
Fourth Floor
Naples, Florida 34109

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Old Naples

Downtown Office

1100 5th Avenue South
Naples, Florida 34102

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Bonita Springs

Estero Office

North Bay Village
26381 S. Tamiami Trail
Unit 136
Bonita Springs, Florida 34134

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