There are few things in life you can control. For instance, you can’t control getting older, and you might not be able to avoid health issues. However, you can maintain control of the decision-making process with a thoughtfully prepared estate plan. With the right planning, you can ensure your wishes are carried out each step of the way, even if you become incapacitated.
As one of Super Lawyers’ Rising Stars, Denise Jomarron understands the complexities of estate planning and simplifies the process for clients. Contact our Miami estate planning lawyer today for a free 20-minute consultation where you can go over your goals. Then, our firm can develop an estate plan that will protect you no matter what the future might bring.
Our Miami estate planning lawyer can help you with a single document or an entire plan. Some of your options include:
These are some of the services our firm can provide. Reach out today to discuss your needs.
When you visit a Miami estate planning lawyer, you’ll likely begin by designating beneficiaries to receive your property and assets when you pass away. First, you will need to address your ultimate goals and wishes so that your attorney can design a customized plan. A Last Will and Testament will allow you to choose a guardian for your minor children, if applicable, along with designating beneficiaries to your estate.
While a Will lays the foundation, you can also include a revocable or irrevocable trust in your estate plan. If you select a revocable trust, you can serve as the trustee while you are alive and have capacity, but you will also name a successor trustee to step in should you become incapacitated or pass away. However, you will need to choose a third-party trustee to manage the trust if it is irrevocable.
Both revocable and irrevocable trusts have the advantage in that they may allow you to bypass the probate process so long as the trust is properly funded, allowing you to keep your affairs private. Additionally, irrevocable trusts have other benefits, such as protecting assets from creditors. Consult with our Miami estate planning lawyer to learn more about wills, trusts, and other estate planning options.
Our Firm’s estate planning lawyer will go over documents you can use to protect you in the event you become incapacitated. First, your attorney can help by drafting a durable power of attorney allowing you to name an agent or agents to handle your financial and legal affairs in the event of incapacity.
Additionally, you can designate a healthcare surrogate to handle your health-related and medical decisions. You can pair it with a living will to provide instructions as to your end of life decisions.
Finally, you might want to designate a pre-need guardian. If you cannot care for yourself, the guardian named in such document will have preference in being appointed as your guardian through the court system.
These are some of the options you can discuss with your lawyer. Reach out to learn more about creating a robust estate plan.
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Your Last Will and Testament will not go into effect until you pass away. That means you can amend or revoke it as long as you are of sound mind and not under duress. However, it’s wise to consult with a Miami estate planning lawyer first to ensure the probate court recognizes your changes.
You can also make changes to a revocable trust. That includes revoking the trust if you desire. However, you cannot change an irrevocable trust. Thus, it’s essential that you set it up to your specifications when creating it. Again, your attorney can help you with this, so you won’t have to worry about mistakes preventing you from reaching your estate planning goals.
If you are estranged from your family members, you might wish to disinherit them when creating your estate plan. You are legally allowed to disinherit adult children. However, the same is not true for your spouse. Florida law states that surviving spouses can receive an elective share of the estate, even if not listed in the will or trust. The only way to avoid this is with an iron-clad prenuptial or postnuptial agreement. If you leave your spouse out without such an agreement, he or she can contest the will and receive the elective share. Reach out to our Miami estate planning lawyer to learn more about what you can and cannot do when creating a will and trust.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship.