Estate & Gift Taxation Attorneys in Naples, Florida

Understanding Estate & Gift Taxation

Estate and gift taxation refers to the taxes imposed on transferring wealth during one’s lifetime (gift tax) or upon death (estate tax). These laws are governed by both federal and, in some cases, state regulations.

• The federal estate tax applies to the value of an individual’s estate at the time of death, including real estate, investments, business interests, and personal property.
  
  
• The federal gift tax applies to transfers made during a person’s lifetime when gifts exceed the annual or lifetime exclusion amounts.
  
  

While Florida does not impose a state-level estate or inheritance tax, federal estate and gift tax rules can significantly impact high-net-worth individuals and family-owned businesses in Naples. Without strategic planning, a large portion of your wealth may be lost to taxation instead of benefiting your heirs.

Our attorneys at Jostock & Jostock, P.A. help clients develop proactive tax strategies that reduce or eliminate these burdens, ensuring a smooth transition of assets and minimizing exposure to federal taxation.

Federal Estate and Gift Tax Exemptions

The federal government provides annual and lifetime exemptions for estate and gift taxes. However, these exemptions change periodically due to legislative updates and inflation adjustments.

Our attorneys stay up to date on all changes to the Internal Revenue Code (IRC) and related Treasury regulations, allowing us to provide accurate, forward-looking advice.

We help clients:



• Understand the current federal lifetime estate and gift tax exemption
  
  
• Use annual exclusion gifts to reduce taxable estates over time
  
  
• Structure marital and charitable deductions for maximum benefit
  
  
• Implement generation-skipping transfer (GST) tax planning to protect multigenerational transfers
  
  

By leveraging available exemptions and deductions, we help our clients retain more of their wealth and pass it efficiently to their beneficiaries.

Strategic Estate Tax Planning

Our approach to estate tax planning begins with understanding your financial situation, family structure, and long-term goals. Every client’s estate is unique, and our team creates a customized plan that balances asset protection, control, and tax efficiency.

Our estate tax planning strategies include:

• Irrevocable Trusts: Transferring assets into trusts can remove them from your taxable estate while allowing you to control how they are distributed.
  
  
• Marital and Bypass Trusts: These trusts help minimize estate taxes between spouses by deferring taxation until the second spouse’s death.
  
  
• Charitable Remainder Trusts (CRTs): These allow you to support charitable causes while receiving income during your lifetime and reducing taxable estate value.
  
  
• Grantor Retained Annuity Trusts (GRATs): GRATs allow for asset appreciation to be transferred to beneficiaries with minimal gift tax consequences.
  
  
• Family Limited Partnerships (FLPs): Structuring family-owned assets in an FLP can provide valuation discounts and protect wealth from taxation and creditors.
  
  

Our attorneys evaluate all available legal mechanisms to ensure your estate is positioned for maximum tax efficiency.

Gift Tax Planning

Gifting is a powerful estate planning tool that allows individuals to transfer wealth during their lifetime while reducing future estate tax exposure. However, the IRS imposes annual and lifetime limits on tax-free gifts, and exceeding those limits can trigger gift tax obligations.

We advise clients on:

• Annual exclusion gifts (up to the IRS-allowed limit per recipient, per year)
  
  
• Lifetime gifting strategies to reduce taxable estates
  
  
• Gifts for education or medical expenses that qualify for exclusions
  
  
• Gifting business interests or real estate with valuation discounts
  
  
• Charitable gifting for income tax and estate tax benefits
  
  

Our firm structures gift strategies that align with your estate goals while ensuring compliance with federal reporting requirements. We also assist in filing IRS Form 709 (United States Gift and Generation-Skipping Transfer Tax Return) and maintaining proper documentation for future audits.

Business Succession and Tax Efficiency

For business owners, estate and gift taxation planning is critical to ensuring a seamless transition of ownership and management. Poorly planned transfers can expose your company to unnecessary taxes and disrupt continuity.

At Jostock & Jostock, P.A., we develop business succession plans that preserve both control and value. We help structure transfers through mechanisms such as:

• Buy-sell agreements funded by insurance or assets
  
  
• Family limited partnerships or LLCs to manage ownership transfers
  
  
• Stock gifting programs for gradual succession
  
  
• Trust-based business ownership for tax efficiency
  
  

We coordinate these strategies with estate and gift tax laws to protect both your business and your heirs from excessive tax liability.

Estate & Gift Tax Compliance and Audits

Estate and gift tax filings are subject to strict IRS requirements and potential audits. Errors or omissions in valuations, deductions, or reporting can lead to penalties or litigation.

Our firm provides meticulous assistance in:



• Preparing and reviewing IRS estate and gift tax returns
  
  
• Responding to IRS inquiries or audits
  
  
• Defending against proposed tax assessments or disputes
  
  
• Coordinating with accountants, appraisers, and financial advisors to ensure accuracy
  
  

Our attorneys are experienced in representing clients before the IRS and the U.S. Tax Court when necessary. We prioritize precision and proactive documentation to minimize risks and achieve favorable outcomes.

Why Choose Jostock & Jostock, P.A.?

Choosing the right attorney for estate and gift taxation can make a significant difference in your long-term financial outcomes.

Clients across Naples and Southwest Florida trust Jostock & Jostock, P.A. because we offer:

• Decades of combined experience in estate, tax, and business law
  
  
• Comprehensive, personalized strategies tailored to your financial goals
  
  
• Integrated legal and tax expertise, ensuring compliance and efficiency
  
  
• Proactive planning to stay ahead of tax law changes
  
  
• Responsive, client-centered service with attention to every detail
  
  

Our firm takes pride in helping clients protect their wealth and achieve peace of mind knowing their estates are structured for success.