Do You Need a New Will? You Executed a Will When You Were Single, But Now You’Re Married
5/1/24
So, you executed a will while you were single. Great job! You’re planning ahead, and that’s important. But now, some time passed, you met the love of your life, and you got married. Congratulations! This major life change may have you asking some important questions. What does that mean for your will? What will happen to your spouse when you die? Will your spouse receive anything if they are not named in the will? Do you need a new will? Well, as lawyers love to say, it depends.
This scenario has a name. It is called the pretermitted spouse. (There can also be pretermitted children, but that’s a discussion for another article). Pretermitted means omitted, or not mentioned. This scenario arises when you did not mention your spouse in your will because they weren’t your spouse yet. The Florida statutes governing wills discusses this exact situation in Section 732.301.
What Happens To The Will? The first thing to note is that getting married after you executed a will does not invalidate, void, or revoke the will. Your will is still effective and valid.
What Happens To Your Spouse? Well, if you don’t execute a new will, your spouse will not be left emptyhanded. Under Florida Statute 732.301, your spouse will receive their intestate share of your estate. Basically, the court gives your spouse what your spouse would have received if you died without a will.
What Will Your Spouse Receive? Again, it depends. It depends on whether you have children and whether the children are mutual children and/or stepchildren. Your spouse may receive 100% of your estate. Your spouse may receive 50%. Your spouse might not even be entitled to receive a portion of your estate under the pretermitted spouse statute because the statute has three exceptions.
First: The Prenup/Postnup Exception So, for example, if you and your spouse signed a prenuptial or postnuptial agreement, and that agreement provided for or waived provisions to the spouse, then the spouse will not take their intestate amount.
Second: “The Planner” Exception This exception is for the person always thinking ahead. What exactly is this exception? If you provided for your spouse in the will (even though you were not married yet), and you did so in contemplation of marriage, then they will not take their intestate share. The key to this is the “in contemplation of marriage” language. For this exception to apply, you would’ve had to be thinking of and planning for marriage.
Third: The Disinheritance Exception Under this exception, if your will indicates an intent not to provide for your spouse, then they will not take their intestate share.
Could My Spouse Receive Other Interests In My Estate? Lastly, it is important to note, even if the exceptions apply, your spouse may still receive part of your estate. For example, they may still have an interest in your homestead property, life insurance and retirement benefits, any property held as joint tenants or tenants by the entirety, and an elective share.
In conclusion, much of estate planning, of who gets what and how much, depends on facts specific to you, your family, and your situation. While a pretermitted spouse won’t invalidate your will, it will complicate your estate planning.
Fortunately, these complications can be avoided. Schedule an appointment. Sit down with our Miami FL Wills attorneys, and let’s discuss your situation. Estate planning is important, and so is providing for and protecting your loved ones. Avoid the mess, and don’t leave your estate up to chance.
The Estate Plan 135 San Lorenzo Ave Suite #750 Coral Gables, FL 33146
|
Who Do I Trust? Me!
4/21/24
What Is A Trust? There are generally two main categories that trusts can fall into: revocable and irrevocable. For the purpose of this article, when we refer to a trust we are referring to a living revocable trust.
The Law Dictionary defines a trust as “an equitable or beneficial right or title to land or other property, held for the beneficiary by another person, in whom resides the legal title or ownership, recognized and enforced by courts of chancery…
An obligation arising out of a confidence reposed in the trustee or representative, who has the legal title to property conveyed to him, that he will faithfully apply the property according to the confidence reposed, or, in other words, according to the wishes of the grantor of the trust.”
To rephrase in a simpler manner, think of a Trust as an extension of a person like a robot. This robot has ownership of property, such as a home or a bank account, which it’s responsible for.
The owner programs the robot how he or she wants their property to be handled for the sake of the beneficiaries (the people receiving some form of service from the robot such as receiving money each month or being allowed to live in the home).
Even though the robot has been programmed to manage the property, it needs someone to tell them when to do it. That’s where the Trustee comes in.
Think of a Trustee as the person activating the robot. The Trustee will be responsible for when the robot will activate its programming so that the beneficiaries will receive the benefits of the Trust. As a result, the Trustee should be someone that the owner of the Trust should be able to, well… trust.
Can I Be The Trustee Of My Own Trust? Yes! Who better to confide in than yourself? That being said, you as the owner of your Trust should also consider having a backup Trustee in the event you become incapacitated or die. That way, your Trust will continue to service the beneficiaries.
Can I Make A Trust For My Own Benefits? Can I Be My Own Beneficiary? Absolutely. As previously mentioned, a revocable Trust is an extension of a person.
You can create the Trust to follow guidelines you set, including such examples as how you, as the beneficiary, would like to be treated during times where you are incapacitated, or limit how you would like your beneficiaries to receive monetary benefits during times where they have a number of creditors targeting the assets.
The Estate Plan 135 San Lorenzo Ave Suite #750 Coral Gables, FL 33146
|
If Someone Prints Forms from the Internet & Has Them Notarized, Are They Legal Documents?
2/1/24
Pursuant to Florida law in place as of March 07, 2019, to answer this question as it was literally written, the answer is NO – they are not legal documents.
I strongly urge everyone not to print Power of Attorney and Last Will and Testament forms from the internet for signing and notarizing.
Per the Florida Statutes, both sets of documents require specific types of witnesses and it is not mentioned that the documents were witnessed and signed by the right people.
Also, you may be choosing witnesses that may not make the…well, best witnesses, if later on your documents are challenged in court.
Let’s say that you did find the right types of witnesses required by the Florida Statutes and you did sign the forms in front of both the witnesses and the notary (if notarization is even necessary, depending on which document we’re analyzing and what are your goals) – the document itself may be a poorly drafted one or worse – no longer legal at all!
Keep this in mind – when you use Google searches for anything, the most frequented and relevant sites appear on the first few pages.
If a particular form on a website is used over and over again for years, it will likely build up the search engine optimization to appear at the top of the listings for years to come. However, if the law changes and makes those forms no longer valid (for example, the termination of “springing” powers of attorney on October 01, 2016), there are no legal police that remove those outdated websites with outdated legal forms from the top of Google’s search results.
It could take months to even years for the Google search engines to realize that they are promoting a bad website link and handing you a bad form.
Should I Notarize My Last Will Or POA Document? To answer the second part of the question, powers of attorney are only filed in limited circumstances, such as when used to sign as an agent for the principal in a real estate transaction. Last Wills only need to be deposited with the clerk by the person in possession within 10 days after the Testator’s death.
Just as it is important to have the right kind of witnesses signing your documents, it is also important to have the right kind of notary proving them.
Notarizing any document does not make it a legally binding document per se. Some notaries don’t necessarily read or are not familiar enough with certain documents to determine whether or not the document they are notarizing will be legally enforced.
As an example, there was an issue where a notary signed and stamped a Last Will and Testament about a decade ago that the court in Miami-Dade County did not accept because of how the document was written. When the notary was asked to come to court to become a witness to the will, she absolutely refused, claiming that she notarizes countless documents, including wills, in her practice as a notary and would not be able to remember every document.
In addition, the thought of going to court, even for something as miniscule as signing an oath of witness to a will, terrified her. As a result, the beneficiary of the will was forced to seek legal counsel to circumvent the situation as the courts never accepted the will, even though it was notarized.
The Estate Plan 135 San Lorenzo Ave Suite #750 Coral Gables, FL 33146
|
Should I Wait to Update My Estate Planning Until After I Get Divorced?
2/1/24
Getting a estate planning and divorce (or “dissolution of marriage,” if you’re in Florida – because…well, everything is longer and more complicated in Florida) is a big decision. It’s a decision to end the marriage, figure out what to do with the kids and determine the rightful ownership of assets. Sometimes it’s mutual, but sometimes it’s totally one sided. However, one thing is the same in every scenario, contested or uncontested, big or small – you need to protect yourself.
Most people think this means getting a great family law attorney to represent you and assert your rights, and they’d be right! But the protection should not and cannot end there. Everyone knows the saying, “It ain’t over until…someone sings.” You aren’t adequately protected when you hire that great family law attorney, and you certainly aren’t protected when the dissolution of marriage action is filed. You only have certain legal protections automatically given to you once your divorce is finalized, meaning you have a certified copy of a final judgment for dissolution of marriage in hand (in short, a final Court Order saying, “I the honorable Judgy McJudgerson hereby decree that you two former lovebirds are no longer a thing, share the little chiks according to some plan/schedule and that your assets are hereby split in two(ish)”).
I know what you’re thinking – what happens if I die or become incapacitated DURING my dissolution of marriage? This thing could take years to finalize, and given the dangers of driving on I-95, US-1, plane crashes and the occasional pandemic that makes an appearance every so often, I might not make it through this thing in one piece! Well, you’ve come to the right place, and the good news is, there’s an answer. The bad news is, if you become incapacitated, your spouse is still legally your primary choice for making your medical decisions and pulling the plug if you’re incapacitated or near death, and your spouse is going to inherit just about everything if you die. This is what one might call adding insult to injury. Our first advice, if you can help it, is don’t get really hurt, sick or die while divorcing. If you can’t control that (and we don’t blame you if you can’t), here’s something you can control: Updating your estate plan right after you sign up with your new, shiny, fancy family law attorney!
Many family law attorneys think that you can’t change your estate plan once you’ve filed for divorce, and they’re kind of right. But, like most things in the law, there are loopholes, and since it’s legal, you should use them to protect yourself and your family! You see, in Miami-Dade County, along with many other Florida Counties, there’s this document called a “Status Quo Order.” This very official document gets circulated upon filing a dissolution of marriage or paternity action, and it pretty much says that this Order is effective immediately until the case is finished. It also says that it’s in the best interests of the parties in a dissolution of marriage or paternity action to learn about the problems, duties and responsibilities that may arise during their dissolution or paternity proceeding and it’s also important for the parties to preserve their assets, act in the best interests of their children and comply with Court rules and orders. Then a bunch of scary commandments are spelled out, and the most relevant ones, for this lesson, are as follows: Thou shalt not dispose of thy personal or shared assets, thou shalt not conceal/destroy business/personal records, thou shalt not modify/terminate insurance policies and thou shalt not incur unreasonable debt (don’t worry – paying your divorce attorney a ton of money to win doesn’t really count here).
The Estate Plan 135 San Lorenzo Ave Suite #750 Coral Gables, FL 33146
|
South Florida Real Estate Market Has International Appeal, Developers & Investors Say
2/1/24
Great Article From the Miami Herald Business Section by: Evan S. Benn: “South Florida’s commercial and residential real estate markets remain hot for international investors as well as for homeowners moving from suburbs to downtown cores, panels of industry leaders said Thursday at the Perez Art Museum Miami.
About 200 people attended the third annual University of Miami Real Estate Impact Conference, which included a keynote session from Starwood Capital Group CEO Barry Sternlicht and was moderated by UM President Donna E. Shalala.
When Shalala asked him about the Miami market, Sternlicht cited hotel-room rates and occupancies that lead the country as well as big-draw events like this week’s Miami International Boat Show and next week’s South Beach Wine and Food Festival as reasons he’s “extremely bullish” on the city’s long-term prospects.
He also said Florida’s lack of income tax is attractive to companies and high-net-worth individuals.
“Everyone wants to come here,” he said. “Also, you have really low taxes. We’ve noticed. My generation, which is the tail end of baby boomers, we’re coming. We’re changing our addresses and we’re coming to low-tax states.”
Outside investments are good, but Related Group CEO Jorge Perez said one thing Miami needs is more local buyers. Calling it “the hottest city in the world,” Miami has no problem attracting international money, he said.
“South Florida has become, as opposed to just being fun in the sun, a serious city, a great city,” Perez said. “In terms of problems in South Florida, we still don’t have the local buyers for our private properties we’re building.”
Rising construction costs also have had an impact on residential markets, Perez said, adding that contractor prices, not raw-material costs, have seen the most dramatic increases since the recession.
South Florida’s rental market also remains strong, Camden Property Trust President Keith Oden said, sharing the stage with Perez, Lennar Corp. CEO Stuart Miller, Witkoff Group CEO Steven Witkoff, and Vector Group CEO Howard Lorber.
Oden’s trust owns 70,000 apartment units in 15 U.S. markets, and he said South Florida is its fifth-best-performing market (behind Atlanta and three markets in white-hot Texas). Camden is adding new units to Boca Raton and Plantation this year, and Oden projected about a 5 percent growth rate in the trust’s South Florida portfolio this year.
“We love this market,” Oden said. “We think there is a lot of underlying strength here, and 2014 looks to be another strong year.” Oden and Miller noted a trend in homeowners moving from suburban neighborhoods to downtown cores. Miller called it a “change in appetite” of people wanting to live in urban areas.
“Today’s younger generations have been more inclined to postpone marriage and having children,” Miller said. “Instead, there is a desire to live inside the city, have less dependence on an automobile, be more able to walk and shop and attend the central events that they want.” A mix of high-rent, downtown high-rises and affordable single-family suburban homes will continue to drive the market in the foreseeable future, Sternlicht said in his closing thoughts.
‘”Look what’s happening here. It’s vibrant, and I don’t see any reason it shouldn’t accelerate now. Not flatten or plateau, but actually accelerate,” he said. “Miami is still a little bit of a secret … but word is getting out.’” This article is courtesy of the Miami Herald Business section, contributed by: Evan S. Benn.
The Estate Plan 135 San Lorenzo Ave Suite #750 Coral Gables, FL 33146
|
National Estate Planning Week
2/1/24
National Estate Planning Awareness Week was adopted in 2008 to help the public understand what estate planning is and why it is so vital to emergency situations and financial success. In 2008 it was estimated that over 120,000 Americans did not have up-to-date estate plans to protect themselves or their families in the event of sickness, accident, or ultimately death (H. R. 1499.)
Did you know that ever-changing laws can affect the rules for your investment beneficiary designations? This could mean that your planned distributions to your families might not happen how you intended. Do you have any property that doesn’t allow for beneficiary designations? You might want to consider having a Will or Trust. Do you have children who are over the age of 18? You may have trouble accessing their medical information in case of an emergency. How To Get Help: The truth is that the importance of estate planning cannot be condensed to one week, and that’s why at The Estate Plan we offer complimentary Vision Meetings all year round. We want to know what your vision is, no matter how big or small.
COVID-19 UpdateWhat You Should Know About Us: We are remote and 100% operational during COVID-19 and capable of preparing all estate planning documents (Wills, Trusts, Healthcare Directives, Powers of Attorney, Deeds, etc), conducting Probate/Trust/Estate Administrations, Guardianships, Real Estate Transactions/Resolutions and Litigation.
What Precautions We are Taking: All team members work from their own homes; Communication is by phone, video conference, email and mail; Court appearances occur via video conference; Document drafts are shared electronically or by mail; Document signings occur by electronic online software, through the mail or in person by our mobile team of COVID-19 trained notaries and witnesses that will conduct legal signings with necessary medical coverings while maintaining social distance.
START HERE: Contact us via our website short form and receive a call from one of our team members.
The Estate Plan 135 San Lorenzo Ave Suite #750 Coral Gables, FL 33146
|
Choosing the Right Personal Representative for Your Estate
2/1/24
There are many decisions to be made when planning out your estate, namely determining how your assets will be distributed upon your death. This article will focus on the importance of selecting a trustworthy personal representative for your estate to ensure that your Will is properly addressed and respected.
A Personal Representative is the person (or corporation) that will be in charge of managing the distribution of assets in your estate. A Personal Representative is in charge of several administrative duties such as paying bills using your estate’s funds and distributing the assets in your estate to its’ beneficiaries.
In the state of Florida, certain requirements must be met for someone to be a Personal Representative to your Will. For Florida residents, a potential guardian must be at least 18 years old and mentally fit to serve as your Personal Representative.
Additionally, corporations such as a bank can act as your Personal Representative but only if they can legally serve as a fiduciary* in the state. A non-Florida resident who wishes to serve as an Personal Representative to a Florida resident’s will must be related to the person in some way – such as a sibling, parent, child (biological or adopted), or spouse.
Disputes sometimes arise when an estate is being handled by family members or others who feel that they are entitled to a part of a person’s estate.
Delegating a proper Personal Representative can be extremely beneficial in the event of a dispute from outsiders or a disagreement between beneficiaries.
You should consider choosing a Personal Representative that knows the specifics of your Will and understands how you want your assets distributed.
A proper Personal Representative of an estate should be able to help an attorney mediate any unforeseen complications by providing useful information relevant to the estate.
Additionally, you should select a Personal Representative that you believe handles stressful situations well.
The death of a loved one is a tolling experience and it is best to choose someone that you believe will handle the proceedings of your estate in an emotionally strong manner.
Though spouses and children are often picked as a Personal Representative of an estate, perhaps picking a long-time friend or associate may be of interest to you. Selecting a Personal Representative who is more removed from the hardship of your passing may help prevent feuds or bitterness in the dispersal of your estate.
The Estate Plan 135 San Lorenzo Ave Suite #750 Coral Gables, FL 33146
|
Fire Drill: Could You Keep Serving Clients in the Event of a Catastrophe?
2/1/24
Gruber & Gruber, P.A.’s use of cutting edge technology enables our savvy team to operate from any remote location, much like the President’s Air Force One. Our law firm has seen first hand what natural disasters like Hurricane Andrew, Wilma, Katrina and now Sandy do to businesses at the ground level. We are proud to say that over the past year, our office has become almost completely paperless. All files are safely and securely stored in “the cloud” and accessible from any laptop or mobile device.
This article is written by Florida attorneys and only considers Florida law in place at the time of publication. This article should not be relied upon as a substitute for legal advice and one should always consult with an attorney in their state before making any legal decisions.
At The Estate Plan, we take pride in serving our clients with compassion, competence and creativity. After all, we’re all unique. It takes a special comfort and confidence to trust someone to handle protecting one’s family and possessions. We appreciate being that person for so many families. If you are interested in coming in for a consultation, do not hesitate to contact us.
The Estate Plan 135 San Lorenzo Ave Suite #750 Coral Gables, FL 33146
|
Checklist: Six Steps Toward Successful Estate Planning
2/1/24
1. Define your goals: What do you want to happen to your assets in the event of your death or disability? If your beneficiaries predecease you, who are your alternate selections? How will your assets be distributed and when will these distributions take place? 2. Gather and organize your data: This can be done by reviewing and updating your financial position, reviewing how you hold title to your assets and whether these are consistent with your estate planning. Did you know that how you hold title to your assets has a higher legal priority than your will? 3. Analyze your situation: Begin by determining your current net worth, assuming your death occurred today. 4. Develop your strategies: With the assistance of your estate planning attorney, identify legal documents that need drafting and make the necessary adjustments to existing documents. 5. Implement your plan: Do what needs to be done – creating new wills, trusts, powers of attorney, adjusting title to your properties, etc. 6. Track and monitor your progress: Check your estate planning annually and consult your attorney with any changes you may wish to make. Make sure all beneficiaries and alternates remain desirable to you and that all documents are current.
Credits: The Financial Awareness Foundation.
The Estate Plan 135 San Lorenzo Ave Suite #750 Coral Gables, FL 33146
|
Why Hiring An Estate Planning Attorney Is Essential for Protecting Your Legacy
2/1/24
As an attorney at The Estate Plan, I have witnessed firsthand the importance of hiring a professional estate planning attorney to safeguard your legacy. Estate planning involves making critical decisions about your assets, property, and healthcare directives, ensuring your wishes are respected and your loved ones are provided for.
Understanding The Complexity Of Estate Planning Estate planning is a complex process that involves many different aspects, such as legal, financial, and personal considerations. It is important to have an experienced estate planning attorney to help you navigate this process and ensure that your wishes are carried out after your death. Without proper planning, your estate may be subject to unnecessary complications, such as:
Probate: This is a legal process that can be time-consuming and expensive. Unintended beneficiaries: If you do not have a will, your assets may be distributed according to the laws of your state, which may not be what you want. Disputes among heirs: If there is no clear plan for how your assets should be distributed, your loved ones may end up fighting over them. An experienced estate planning attorney can help you create a plan that meets your specific needs and ensures that your assets are distributed according to your wishes. They can also help you avoid the potential complications that can arise without proper planning.
If you are considering estate planning, it is important to speak with an attorney as soon as possible. The sooner you start planning, the more time you will have to make sure that your plan is complete and accurate.
One of the key aspects of estate planning is creating a comprehensive will. A will is a legal document that states how you want your assets to be distributed after you die. It also names a guardian for your minor children, if you have any. Having a will can help ensure that your wishes are carried out after you die and can also help prevent family disputes.
According to the American Bar Association, a valid will must meet certain legal requirements. You must sign it in the presence of two witnesses who are not beneficiaries of your estate. It must also be dated. If you want to make changes to your will, you can do so by creating a new will or by adding a codicil to your existing will. If you do not have a will, your assets will be distributed according to the laws of your state. This may not be in line with your wishes. It is important to create a will as soon as possible, even if you are young and healthy.
Securing Your Family’s Future Protecting your legacy is not just about safeguarding your assets; it’s also about securing your family’s future. Through meticulous estate planning, you can provide for your loved ones in the event of your incapacity or passing.
At The Estate Plan, we understand the importance of tailoring our approach to meet each client’s unique needs. Our knowledge and experience in estate planning law, combined with our commitment to exceptional client service, allows us to guide you through the complexities of the legal landscape while ensuring your legacy is protected.
In conclusion, hiring an estate planning attorney at The Estate Plan in Coral Gables, Miami FL, is crucial for safeguarding your legacy and ensuring your wishes are fulfilled. With our knowledgeable guidance and personalized approach, you can confidently navigate the intricacies of estate planning, providing for your loved ones and leaving a lasting impact.
The Estate Plan 135 San Lorenzo Ave Suite #750 Coral Gables, FL 33146
|
How to Choose the Right Estate Planning Attorney for Your Needs
2/1/24
When it comes to estate planning, choosing the right attorney to walk you through the process is a critical decision that requires careful consideration. The knowledge and guidance of an experienced estate planning attorney can have a profound impact on the efficiency and success of your estate plan. At The Estate Plan, we understand the weight of this decision and the importance of finding an attorney who will meet your unique needs. We are here to offer our support and skills in guiding you through this selection process with confidence.
Consider Reputation & Client Testimonials When it comes to selecting an estate planning attorney, it is important to delve beyond their professional knowledge and experience. Reputation and client testimonials can provide invaluable insights into the quality of service that an attorney offers. Taking the time to research and read reviews or testimonials from previous clients can be an excellent way to gauge their satisfaction and experiences. This can help you make an informed decision when selecting an attorney to represent you in your estate planning needs.
At The Estate Plan, we take immense pride in our reputation for providing exceptional client service and achieving positive outcomes for our clients. Over the years, our satisfied clients have entrusted us with their estate planning needs and have shared their positive experiences with us. They have highlighted our professionalism, attention to detail, and dedication to their success in their testimonials. We are grateful for their trust and confidence in our abilities, and we continue to strive towards exceeding their expectations every day.
We believe that our clients’ satisfaction is the cornerstone of our success, and we work tirelessly to achieve it. We take the time to understand our clients’ unique needs and goals and provide them with a personalized approach that caters to their specific requirements. Our attorneys are highly skilled and have extensive experience in estate planning law. We stay up-to-date with the latest legal developments and utilize our expertise to provide tailored solutions that are specifically designed to meet our clients’ unique needs.
When you choose The Estate Plan, you can rest assured that you have made the right decision. We are committed to providing the highest level of service and support throughout the estate planning process. Our clients’ success is our success, and we work hard to achieve it every day. Contact us today to learn more about how we can help you create a comprehensive and effective estate plan that meets your unique needs.
At The Estate Plan, we understand the importance of building trust with our clients. Our priority is to provide a supportive and comfortable environment where you can feel confident that your best interests are always at the forefront. Our attorneys will guide you through the estate planning process with compassion, expertise, and integrity.
We recognize that selecting the right estate planning attorney is a crucial step towards securing your future. That’s why our experienced and dedicated attorneys in Coral Gables, Miami, FL are committed to assisting you every step of the way. With our personalized approach, reputation for excellence, and commitment to open communication, we strive to be the right choice for your estate planning needs. Let us help you create a plan that gives you peace of mind and protects your legacy for generations to come.
The Estate Plan 135 San Lorenzo Ave Suite #750 Coral Gables, FL 33146
|
Understanding the Role of An Estate Planning Attorney: What You Need to Know
2/1/24
Estate planning is a crucial aspect of financial planning that often gets overlooked. It involves creating a plan for the distribution of your assets and property after your death. The goal of estate planning is to ensure that your loved ones are taken care of and that your assets are distributed according to your wishes. In this article, we will explore the role of estate planning in financial planning and provide tips and strategies to make the process easier and more effective.
The Knowledge & Expertise Of An Estate Planning Attorney By working with The Estate Plan, you can gain peace of mind knowing that your estate will be handled according to your desires and that your loved ones will be provided for. Our estate planning attorneys have extensive knowledge in developing comprehensive plans to protect your assets and ensure that your wishes are carried out after you pass away. They possess in-depth understanding of state and federal laws pertaining to wills, trusts, probate, and other essential elements of estate planning. This is especially important if you have a complex estate or if you want to minimize the tax burden on your heirs.
Peace Of Mind For Your Loved Ones One of the greatest benefits of working with an estate planning attorney is the peace of mind it can provide for both you and your loved ones. By having a well-crafted estate plan in place, you can relieve your family of the burden of making difficult decisions during a challenging time. Our attorneys can help you clearly outline your wishes regarding healthcare directives, powers of attorney, and guardianship designations, giving your family members the guidance and clarity they need when they need it most.
When it comes to estate planning, it’s important to have a trusted partner by your side. At The Estate Plan, we understand that no two families are the same. That’s why we work closely with each of our clients to develop a customized plan that meets their unique needs and goals. Our experienced attorneys take the time to listen to your concerns, answer your questions, and provide you with the information and guidance you need to make informed decisions. We believe that estate planning is not a one-time event, but an ongoing process that requires regular review and updates as your circumstances change.
By working with our team, you can rest assured that your assets will be protected, your loved ones will be provided for, and your wishes will be carried out according to your exact specifications. We are committed to providing you with the peace of mind you deserve and the personalized attention you need. Don’t wait until it’s too late to start planning for your future. Contact The Estate Plan today to schedule a consultation with one of our experienced attorneys and take the first step towards securing your legacy.
The Estate Plan 135 San Lorenzo Ave Suite #750 Coral Gables, FL 33146
|
Navigating Healthcare Decision-Making: the Role of a Healthcare Proxy in Florida Estate Planning
2/1/24
Embarking on the journey of estate planning is a prudent step toward securing your future and ensuring that your wishes are respected in times of incapacity. In the state of Florida, a key component of this comprehensive planning is understanding the significance of a healthcare proxy and the importance of having one.
What Is A Healthcare Proxy? A healthcare proxy, also known as a medical or healthcare power of attorney, is a legal document that allows you to designate a trusted individual to make medical decisions on your behalf in the event that you become incapacitated and are unable to express your preferences. This appointed “representative” or healthcare proxy, steps in to ensure that your healthcare decisions align with your values, beliefs, and wishes.
The Importance Of Having A Healthcare Proxy In Florida Estate Planning: Preserving Personal Values: One of the primary reasons to incorporate a healthcare proxy into your Florida estate plan is to uphold your personal values and preferences regarding medical care. Florida residents can face unexpected health challenges, and having a designated health care proxy ensures that someone you trust will make decisions in line with your beliefs when you cannot communicate your wishes.
Ensuring Continuity of Care: In the absence of a healthcare proxy, medical decisions may fall into the hands of individuals who may not be fully aware of your desires. By appointing a healthcare proxy, you ensure continuity of care, with a designated person advocating for your specific medical preferences, whether it involves life support, surgeries, or other critical healthcare decisions.
Reducing Family Strain: Medical decisions can be emotionally charged, especially when family members have differing opinions. A healthcare proxy minimizes potential conflicts among loved ones by designating a singular individual to make medical decisions, thereby alleviating stress during challenging times.
Complementing Other Estate Planning Tools: A healthcare proxy works in tandem with other estate planning documents, such as a living will. While a living will outlines specific instructions for medical treatment in certain situations, a healthcare proxy allows for more flexibility in addressing unforeseen circumstances, granting your proxy the authority to make decisions based on the evolving medical landscape.
Legal Recognition of a Healthcare Proxy Florida: In Florida, the healthcare proxy is a legally recognized document, providing clarity and legitimacy to your chosen representative’s authority. Ensuring that your healthcare proxy is compliant with Florida laws is crucial for its effectiveness in the event of a medical crisis.
By actively designating a healthcare proxy, individuals not only protect their interests but also enhance the cohesion and clarity of their comprehensive estate plans. Relying on a trusted advocate through the healthcare proxy ensures that medical decisions align with your personal values, offering profound reassurance for both individuals and their loved ones.
As you navigate the intricacies of planning for the future, The Estate Plan is here to provide personalized guidance and assistance. Our expertise will ensure that your estate plan, including the healthcare proxy, is thorough, legally sound, and tailored to your specific needs. Contact The Estate Plan today for expert support in securing your financial future and safeguarding your legacy.
The Estate Plan 135 San Lorenzo Ave Suite #750 Coral Gables, FL 33146
|
Why Choosing a Local Estate Planning Attorney Is Beneficial for Your Peace of Mind
2/1/24
The Benefits of Choosing a Local Estate Planning Attorney in Coral Gables, Miami, FL We understand that estate planning can be a daunting task, and it’s important to have an attorney you can trust. By choosing a local estate planning attorney in Coral Gables, Miami, FL, you can rest assured that you will receive personalized service and a deep understanding of the local laws and regulations that may affect your estate plan. At The Estate Plan, we are dedicated to providing our clients with peace of mind through our personalized approach, and we truly believe in the value of working with a local attorney. Let us help you navigate the complexities of estate planning and create a plan that meets your unique needs.
Familiarity with Local Laws and Regulations When it comes to estate planning, it is essential to recognize that the laws and regulations governing it can differ significantly from one state to another, and even from city to city. As such, it is critical to ensure that you work with a local estate planning attorney who possesses a deep understanding of the specific laws and regulations that apply in your area.
At The Estate Plan, we take pride in our comprehensive knowledge of the estate planning laws in Miami. Our team of professionals stays up-to-date with any changes that may affect your estate plan, ensuring that it is always current and compliant with all the necessary regulations. Our familiarity with the local laws allows us to tailor your estate plan to comply with the specific requirements and maximize its effectiveness, providing you with peace of mind and security for the future.
Community Involvement and Local Connections We believe that local estate planning attorneys play an essential role in the community. They are not only knowledgeable about the local laws and regulations, but they are also deeply rooted in the community and have strong connections with other professionals in related fields. These connections can be invaluable when collaborating with accountants, financial advisors, or other professionals to develop a comprehensive estate plan that meets your unique needs.
As a leading estate planning firm in Coral Gables, Miami, FL, we take pride in our involvement in the local community. Over the years, we have established strong relationships with professionals in various related fields, including tax attorneys, financial planners, and investment advisors. These partnerships allow us to provide holistic solutions and collaborate with trusted partners to meet your estate planning needs effectively.
When you work with us, you can rest assured that we will leverage our extensive network of professionals to provide you with the best possible estate planning solutions. Whether you need help with wills, trusts, or other estate planning matters, we are here to help. Contact us today to learn more about how we can assist you with your estate planning needs.
To sum up, opting for a local estate planning attorney in Coral Gables, Miami, FL, estate planning lawyer in Miami, FL, comes with a host of advantages. These include their in-depth knowledge of local legislation, the ease of scheduling in-person consultations, and a customized approach to addressing your estate planning concerns. At The Estate Plan, we take pride in serving our local community and delivering tailored estate planning services that cater to your individual needs.
The Estate Plan 135 San Lorenzo Ave Suite #750 Coral Gables, FL 33146
|