FAQ about Estate Planning
Life in Miami moves fast, between work, kids, aging parents, and travel, emergencies don’t wait. Estate planning ensures someone you trust can make medical and financial decisions for you and protects your family from unnecessary stress or court interventions.on
A comprehensive Florida estate plan typically includes:
(1) Last Will & Testament;
(2) Revocable Living Trust (optional but recommended for avoiding probate);
(3) Durable Power of Attorney;
(4) Health Care Surrogate Designation;
(5) Living Will (end-of-life preferences);
(6) HIPAA Authorization;
(7) Pre-Need Guardian Designations for Adults & Minor Children.
Yes, without a trust, most assets titled in your name alone must go through probate. Miami-Dade, Broward, and Palm Beach probate courts can be slow and costly.
A revocable living trust keeps your estate private and allows your family to avoid court delays.
Probate is the court process of transferring your assets after death.
In Miami-Dade, probate typically takes:
4–6 months for simple estates, or
9–18 months for complex estates or families with disputes.
Proper planning can avoid most of this.
Pricing depends on the complexity of your assets, family dynamics, and goals. Flat-fee options are available for Wills, Trusts, and complete estate planning packages. Schedule a consultation for a detailed quote.
Parents usually need:
(1) A Will to name guardians;
(2) A Trust to manage money for children;
(3) Medical & financial powers of attorney;
(4) HIPAA releases; and
(5) Emergency minor child documents.
Without these, a judge, not you, decides who raises your children.
Options include:
(1) Tenants by Entirety for married couples; or
(2) Placing the home in a Revocable Trust.
Each option has pros/cons depending on your family, divorce history, and financial situation.
Florida’s intestacy laws decide:
(1) Who inherits;
(2) Who becomes guardian of your minor children; and
(3) Whether your spouse shares your assets with your children.
This often produces outcomes families did not intend, especially in blended families.
Florida law can unintentionally leave stepchildren with no inheritance unless you plan correctly.
Tools to avoid unwanted results include:
(1) Trusts;
(2) Prenuptial agreements;
(3) Postnuptial agreements;
(4) Designated beneficiary updates;
(5) A tailored plan protects both, the spouse and children from prior relationships.
Yes. Long-term care in Florida is expensive, and proactive planning helps protect assets, especially the homestead, from nursing home costs. This includes Medicaid pre-planning, durable powers of attorney, and asset-protection trusts.
Once your child turns 18, you no longer have legal authority to access medical or financial information. They need:
(1) Medical Power of Attorney;
(2) HIPAA Authorization;
(3) Durable Power of Attorney;
(4) FERPA release (if needed by the school).
This is often called the Parent Sanity Plan.
Yes. Florida has unique laws for:
(1) Homestead;
(2) Power of Attorney requirements;
(3) Notary and witness rules.
If you moved from New York, California, Texas, or another country, your documents might not work here.
International tax and inheritance laws may conflict with U.S. rules. You need planning that accounts for:
(1) Assets in foreign countries;
(2) Forced-heirship rules (Latin America, Europe);
(3) U.S. tax residency;
(4) Cross-border reporting (FATCA, FBAR);
(5) Immigration status.
Miami’s global families often require specialized planning.
Review your estate plan every 3–5 years; OR
After: (1) marriage/divorce; (2) having children; (3) buying/selling property; (4) starting a business; or (5) after major tax law changes.
Will: Your family will have to execute your Will through a probate. court.
Trust: Avoids probate, stays private, allows faster access to funds, and is often better for blended families and people with property.
Most Miami clients choose a Trust-based plan for convenience and privacy.
Use: (1) A properly drafted Durable Power of Attorney; (2) Updated beneficiary designations; (3) A trust; (4) A list of digital assets (passwords, social media, crypto).
Yes. While Florida has no state estate tax, federal estate and gift taxes still apply. Planning can reduce:
(1) Estate tax exposure, especially if you are Foreign National; (2) Capital gains taxes for heirs; (3) Income tax issues for foreign-owned assets.
Most clients complete their whole plan in 2–3 weeks, depending on how quickly decisions are made. Emergency options are available.
(1) List of assets (home, bank accounts, retirement plans); (2) Names of potential guardians; (3) Beneficiary information; (4) Any existing Will/Trust; (5) Questions or concerns about family dynamics.
Online forms often fail Florida’s strict execution requirements and can cause expensive probate issues.
A Miami-based attorney ensures the plan is valid, enforceable, and tailored to your family and assets.