Miami Wills Attorney

Denise Jomarron Legal Group helps clients build the foundation of their estate plans with preparation of a Last Will and Testament.

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Wills Attorney in Miami

Do you find yourself avoiding estate planning because it makes you uncomfortable? If you put it off too long, though, the court will follow Florida’s intestacy statutes when distributing your property. That means some of your beloved family members and friends might not receive the assets you want to leave them in your estate. Additionally, the court will have to choose a guardian for your minor children, if applicable, putting your kids through extreme stress. Fortunately, you can maintain control by drafting a Last Will and Testament. A Will is a writing, signed by you and witnessed, that meets Florida law requirements.

First, consult with our Florida Wills Attorney to go over your needs. Then, our attorney can draft your Will and discuss other estate planning tools.

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.

Contact our Miami Wills attorney today to learn more about what you can and cannot include in this document. Then, you can get started on creating a Will and other estate planning documents.

Choosing A Guardian For Minor Children

If you have minor children, it is essential that you 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 choose the same person to handle both duties or separate the tasks.

If both parents pass away, the family court judge will consider your designation when choosing a guardian. The judge has the final authority, though, meaning he or she can name someone else. However, if the guardian you choose is deemed fit, the judge will likely follow your wishes.

Consult with our Miami Wills attorney before adding a guardian. Your attorney can go over the guidelines for guardians for minor children to help you select someone the judge is likely to approve for the role.

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Why Choose Denise Jomarron Legal Group

  • Proactive Approach – We help clients prevent legal problems and mistakes before they happen.
  • Confidential Case Assessment – During your phone assessment, we will listen to you and help you determine your next steps.
  • Focused Legal Practice – Our firm has always concentrated on wills, trusts and estates, estate planning, elder law, guardianship issues, and closely related areas.
  • Experienced – We have helped hundreds of families over the years to protect their legacy and plan for their future.
  • Alignment with Family Values – We help you consider family dynamics that better ensure your values are carried on.
  • Accommodating – We understand that not everyone can come into the office for an in-person meeting. We are flexible and offer phone or zoom consultations and sometimes even come to you.
  • Highly Reviewed & Rated – Rising Star in Super Lawyers for Elder Law for 3 consecutive years, 5.0 review rating on Google. See some of our client reviews below.
  • Custom Plans and Solutions – You and your family are unique. That’s why we don’t use fill-in-the-blank form documents. Your trust is YOUR trust. Together we create trusts to protect what you’ve built, fulfill your goals, and guide your family.
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Probating A Last Will And Testament

The property left in your sole name at death will go through probate and your Last Will and Testament will have to be admitted into probate before the personal representative distributes it to the beneficiaries. If the value of your non-exempt property totals less than $75,000, your estate might be eligible for summary administration. Additionally, this option is available if probate is initiated two or more years after you pass away. Most estates go through the formal administration process, though, which is a much lengthier and costly process compared to summary administration. Then, the personal representative is tasked with filing the Petition for Administration, notifying the creditors, inventorying the assets, and paying the debts. After providing a final accounting, the personal representative can distribute the assets and close the estate. Your Miami Wills attorney can help you set up trusts to limit the impact of probate if you would wish. Additionally, the attorney can guide your personal representative through probate 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 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. Thus, consider storing it in a fireproof and waterproof lockbox at your home. Once you choose a location, let the personal representative know so he or she can access it once you pass away.

Questions? Call (305) 402-4494 Or Click To Schedule A Consultation

Professional Associations

Rated By Super Lawyers - Rising Stars | Denise Jomarron Legal Group
National Academy of Elder Law Attorneys
Expertise.com Best Real Estate Arrorneys in Westminster 2022
Rated By Super Lawyers - Denise Jomarron Legal Group
Elder Law Counsel Member

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4300 Biscayne Blvd., Suite 305 Miami, Florida 33137
Questions? Call (305) 402-4494 Or Click To Schedule A Consultation

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Monday–Friday: 9:00 AM until 5:00 PM
At Denise Jomarron Legal Group, we specialize in bringing the law to your corner. We are dedicated to understanding your needs, the needs of your family, and explaining what actions we can take on your behalf. We will work with you every step of the way to make certain you are satisfied and confident about your future.

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.