Wills Attorney in Miami, Florida
Are you avoiding estate planning because it feels uncomfortable? While it’s easy to delay, waiting too long could mean the court will distribute your property according to Florida’s intestacy statutes. This could result in some of your cherished family members and friends missing out on the assets you intended for them. Additionally, if you have minor children, the court may appoint a guardian, which could cause unnecessary stress for your children.
The good news is that you can take control by creating a Last Will and Testament. A Will is a written document, signed by you and witnessed, that complies with Florida law requirements.
At Denise Jomarron Legal Group, our practice specializes in special needs planning, probate, guardianships, estate planning, and Medicaid planning, serving Miami, Florida, and its surrounding areas. When you work with us, we will guide you through every step, make sure you comply with Florida laws, and that your assets are distributed according to your wishes.
What Can You Do With a Last Will and Testament?
Our Miami Wills attorney will customize the document for you. Depending on your situation, you can use your Last Will and Testament to:
Designate beneficiaries
Donate property to charity
Choose a guardian for minor children
Transfer property into a trust
You have unique needs and might fail to reach your goals if you create this document yourself. Additionally, creating the document yourself may not meet all the requirements under Florida Law. Thus, reach out to our firm for a consultation with an attorney.
Limitations When Creating A Last Will And Testament
You can use a Will to designate beneficiaries for most of your real and personal property. You can also name a guardian for your minor children and donate some of your assets to charity. However, there are some limitations when drafting a Will.
For instance, you cannot include joint tenancy property, payable-on-death accounts, and assets that already have beneficiaries, such as life insurance payouts. Also, you will not use your Will to distribute property inside of a trust.
Finally, you should avoid including funeral plans in your Last Will and Testament. There is a good chance your loved ones will plan your funeral before accessing your Will. Thus, your plans might not be honored.
Choosing A Guardian For Minor Children
If you have minor children, you must create a Last Will and Testament. You can use the document to name your preferred guardian for your young children, as well as someone to manage their property. You can assign both responsibilities to the same person or choose separate individuals for each role.
If both parents pass away, the family court judge will consider your designation when choosing a guardian. The judge has the final authority, however, meaning they can name someone else. However, if the guardian you choose is deemed fit, the judge will likely follow your wishes.
Probating A Last Will And Testament
Property held solely in your name at the time of your death will go through probate, and your Last Will and Testament must be admitted into probate before the personal representative can distribute it to your beneficiaries. If the value of your non-exempt property is under $75,000, your estate may qualify for summary administration. This option is also available if probate begins two or more years after your passing.
However, most estates undergo the formal administration process, which is more time-consuming and expensive than summary administration. During formal administration, the personal representative is responsible for filing the Petition for Administration, notifying creditors, inventorying assets, paying debts, and providing a final accounting.
Once these steps are completed, the personal representative can distribute the assets and close the estate. To minimize the impact of probate, our attorney can assist in setting up trusts and guide your personal representative through the probate process if needed.
Where Should You Store Your Last Will And Testament?
You will name a personal representative when drafting your Last Will and Testament. This person will administer your estate, but first, he or she will need the original copy of the document. Thus, storing the Will in a safe but accessible location is essential. Some people choose to store their valuables in a safe deposit box at the bank.
However, your personal representative might need a court order to open it. That means it could take much longer to initiate probate, forcing your loved ones to receive their inheritance later. Consider storing it in a fireproof and waterproof lockbox at your home. Once you choose a location, please notify the personal representative so they can access it after you pass away.
Wills Attorney Serving Miami, Florida
At Denise Jomarron Legal Group, we’re here to make life’s legal hurdles easier. From special needs planning and probate to guardianships, estate planning, and Medicaid assistance, we proudly serve Miami and the surrounding areas with care and skill.
Think of us as your legal partner—guiding you every step of the way, making sure your plans comply with Florida laws, and guaranteeing your assets go exactly where you want them. We’re all about protecting what matters most to you, with solutions that bring peace of mind and a personal touch. Let’s work together to secure your future and the legacy you want to leave behind. Call now to schedule a consultation.