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Phone  (407) 428-5177
Fax (407) 423-1831
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Brian M. Malec

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Mr. Malec is Board Certified in Wills, Trusts & Estates by the Florida Bar Board of Legal Specialization. He handles all aspects of estate and succession planning, including the implementation of wills, trusts, business entities and sophisticated estate planning techniques to protect and transfer wealth among individuals and families while minimizing income, gift, estate and generation-skipping transfer taxes.

Mr. Malec also handles all aspects of probate and trust administration, including advising fiduciaries throughout the administrative process and representing beneficiaries seeking to assert their rights in an estate or trust.


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Professional and Civic Activities

  • The Florida Bar – Member
    • Tax Section
      • Federal Tax Division
        • Director, 2014-2017
        • Assistant Director of Estate Planning, 2012-2014
      • Co-Czar of Tax Comments, 2012-2014
      • Member of Director’s Committee, 2012-2016
      • Executive Council Member
    • Real Property, Probate and Trust Law Section
      • Executive Council Member
      • Estate & Trust Tax Planning Committee
      • Trust Law Committee
      • Probate & Trust Litigation Committee
      • Probate Law & Procedure Committee
      • Asset Protection Committee
        • Vice Chair, 2015-2016
      • Family Trust Company Subcommittee (One of the principal authors of legislation to authorize the formation and operation of Family Trust Companies in Florida)
      • Vice Chair for Probate & Trust Section of ActionLine Publication, 2013-2015
  • Orange County Bar Association – Member
  • Central Florida Estate Planning Council – Member
  • The First Tee of Central Florida
    • Advisory Board Member
  • University of Central Florida Varsity Knights
    • Leadership Council Member

Education

  • Graduate of The Florida Fellows Institute of the American College of Trust and Estate Counsel
  • Master of Laws (LL.M.) in Taxation: University of Florida Levin College of Law, Gainesville, Florida, 2008
    • Graduated with a 4.0 GPA
  • J.D.: University of Florida Levin College of Law, Gainesville, Florida, cum laude, 2007
    • Member, Journal of Law and Public Policy
  • Undergraduate Degree: Bachelor of Science, Major in Legal Studies; Minor in Business Administration: University of Central Florida, Orlando, Florida, summa cum laude, 2004

Bar Admissions

  • Florida

Recognition & Awards

  • Board Certified in Wills, Trusts and Estates by The Florida Bar Board of Legal Specialization
  • Recognized as a Legal Elite ‘Up and Comer’, Florida Trend Magazine, 2015
  • Recognized as a ‘Rising Star’ and Outstanding Estate Planning & Probate Attorney by Florida Super Lawyers, 2015 - 2017
  • Book Awards: Estate Planning; Taxation of Property Transactions - University of Florida Levin College of Law, Gainesville, Florida

Speaking Engagements

  • Fiduciary Income Tax, The Probate Team 2016, Orlando, FL, October 29, 2016
  • The Florida Family Trust Company Act: Recent Changes and Why You Should Use It, 36th Annual RPPTL Legislative and Case Law Update, Palm Beach, FL, July 29, 2016
  • Top 10 (or so) Mistakes We See in Estate Planning – and Tips to Avoid Them!, Orange County Bar Association, Orlando, FL, November 5, 2015
  • What Every Attorney and CPA Needs to Know to Prepare and Review Gift and Estate Tax Returns, Florida Bar Tax Section’s CLE program, Loews Portofino Bay Hotel, Orlando, FL, October 9, 2015
  • A Potpourri of Tax Planning Ideas and Strategies, Orange County Bar Association, Orlando, FL July 22, 2015
  • Business Succession Planning for the Next Generation, Orange County Bar Association, Orlando, FL, October 30, 2014
  • Tax Consequences of Trust & Estate Settlements and Modifications, Orange County Bar Association, Orlando, FL, August 5, 2014
  • The Family Trust Company Top Ten – What You Need to Know Right Now, 34th Annual RPPTL Legislative and Case Law Update, Palm Beach, FL, August 1, 2014
  • Asset Protection 2013 Update, Orange County Bar Association, Orlando, FL, October 10, 2013
  • Income Tax Planning for Estates, Trusts and Beneficiaries, Rachel D. Murrah Winter Park Civic Center, June 5, 2013
  • Estate Planning After the American Taxpayer Relief Act of 2012, Orange County Bar Association, Orlando, FL, March 13, 2013
  • Estate Planning for the Remainder of 2012, Florida Bar Tax Section, November 28, 2012
  • The End of the Perfect Storm of Estate Planning is Nearing (maybe!) - Planning for the Remainder of 2012, Orlando, May 23, 2012
  • Inherited IRAs in Florida, Estate Planning 2011 Florida Legislative Update, Dean Mead Seminar Series, June 21, 2011
  • Ulman Year in Review, Florida Bar Tax Section, July 2010

Publications

  • Florida Enacts Family Trust Company Legislation, co-authored with Scott A. Bowman, RPPTL ActionLine Publication, Vol. XXXVI No. 1, Fall 2014
  • Succession Planning for the Next Generation, presented at the Florida Agricultural Financial Management Conference, Orlando, FL, October 22, 2013
  • Mr. Malec was quoted in article entitled, "Wandry" Gift Tax Decision Adds Tool in Valuation Fight, Barring IRS Appeal, authored by Diane Freda, BNA Daily Tax Report, July 24, 2012
  • The End of the Perfect Storm of Estate Planning is Nearing (maybe!) - Planning for the Remainder of 2012, May 23, 2012
  • Ethical Considerations in Representing Multiple Generations, co-authored with Lauren Y. Detzel, 2012 Southern Federal Tax Institute, Atlanta, GA
  • Inherited IRAs in Florida, Estate Planning 2011 Florida Legislative Update, Dean Mead Seminar Series, June 21, 2011
  • The “Olmstead Fix”: Is It Safe to Create LLCs in Florida Again?, Estate Planning 2011 Florida Legislative Update, co-authored with Lauren Y. Detzel, June 21, 2011
  • Estate Tax Relief - It’s Finally Here! (At Least for Two More Years), co-authored the article with Lauren Y. Detzel, Matthew J. Ahearn, David J. Akins, and Erik N. Bonnett, January 6, 2011
  • Florida Bankruptcy Court Exempts Inherited IRA, Steve Leimberg Asset Protection Planning Newsletter # 173
  • Important Legislative Developments in Florida for Inherited IRAs and Charging Order Protection for LLCs, Steve Leimberg Asset Protection Planning Newsletter # 174
  • Procedural Issues for 2010 Decedents Under the 2010 Act, co-authored with Lauren Y. Detzel, January, 2011
  • Asset Preservation: Protecting Your Clients’ Assets in Today’s Litigious Environment, co-authored with David J. Akins, August 12, 2010
  • Strategies for Dealing with Problem Trusts, co-authored with Lauren Y. Detzel and David J. Akins, June, 2009

Blog Articles

Key Legal Services

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