Best Estate Planning Attorneys in Miami

FAQs

• What is the non-emergency contact number for the local police station in Miami, Florida?

  The non-emergency phone number of the Miami Police Department is 305-579-6111.

• Where can I get a copy of police reports for incidents related to my case in Miami, Florida?

  You may obtain a copy of a Miami police report by filing a request online via https://miamifl.mycusthelp.com/WEBAPP/_rs/(S(pw3nzskff22xnnvfos1ip4c2))/supporthome.aspx.

• Will your estate plan still be valid in Miami if it was created in another state?

  Yes. Your estate plan created in a different state will be valid in Miami, provided that it is still valid in its originating state. However, keep in mind that certain arrangements like Advance Directives and Durable Powers of Attorney are state-specific since they should be kept up to date to ensure that they remain effective in all of Florida.

• When is the ideal time to start your estate plan in Miami?

  The best time to create an estate plan in Miami is when you still have the legal capacity to enter into a contract. There is a possibility that if you suffer from a disability that affects your ability to make decisions legally, someone who is interested in your assets may challenge your recently-created estate plan. They can claim that you could not manage your affairs or were subjected to fraud, coercion, or undue influence during the creation and implementation of your plan.

• How much will hiring an estate planning attorney cost you in Miami?

  There is no fixed rate for the services of a Miami estate planning attorney. Many factors come into play as to how much an estate planning attorney will charge you. These include their experience and the amount of work they put into your case. On average, though, most estate planning attorneys in the city charge $1,500 to $2,500 in preparing a living trust.

• Is it necessary for you to create powers of attorney in Miami?

  While not required, creating powers of attorney is highly recommended when planning your estate in Miami. With a power of attorney, you can designate someone who can use your bank accounts to pay property taxes and medical bills if you become incapacitated to prevent your loved ones from going through further trouble.

• What happens if you have not created an estate plan and have died unexpectedly in Miami?

  In Miami, if you were unable to create an estate plan before your death, then the government will create one for you. It is called “intestate probate,” wherein this type of estate plan guarantees government interference, and your assets may not be distributed according to what you would have wanted. Ultimately, creating an estate plan protects your loved ones from an impersonal and complex government process.

• What does an estate planning attorney do?

  An estate consists of the total assets that form an individual’s net worth, no matter how large or small. Estate planning attorneys use their in-depth knowledge of state and federal laws to help people best manage what will happen with their estates after they die or become incapacitated. Estate planning attorneys can prepare wills, form trusts, reduce estate tax burdens, and decrease or eliminate the need for probate court.

• What are valuable estate planning services an attorney can provide?

  With the many intricacies of assets, taxes, and state and federal laws that can affect a person’s estate, an estate planning lawyer can be a valuable professional asset, no matter how large or small a person’s estate may be. An estate planning attorney can:

  • Create a comprehensive plan to protect a client's legacy, that includes a will, power of attorney, trusts, life insurance, and advanced medical directives
  • Optimize an estate plan as tax laws, life events, assets, and goals change over time
  • Protect a client’s loved ones by preventing assets from entering probate
  • Help clients designate a person to make important health decisions for them if they become incapacitated

  
  

• Can estate planning attorneys help create trusts/wills?

  Estate planning attorneys can create trusts and wills. Through a will, an attorney can help a client designate their estate’s beneficiaries and assign an executor to represent the will in probate court. These attorneys can also create trusts, allowing a client to assign a trustee to oversee the estate, potentially avoiding probate court and holding assets to be distributed over time.

• Is estate planning the same as drafting a will?

  While both estate plans and wills officially document how their owners wish to allocate certain assets after their death, there are key differences. In estate planning, a will is often just one of several documents that form a comprehensive plan. In a will, people must designate a person responsible for executing their will after their death. The will can include guardians for their children when they die and beneficiaries to receive an inheritance of money, property, and other assets.

• What are the steps involved in estate planning?

  To create a thorough and effective estate plan, individuals should follow these steps:

  • Prepare a will that designates an estate executor; indicate who will receive what assets, and assign a trust and guardians for any children. Consider using an attorney if the will is in any way complex.
  • To avoid probate, have an attorney create a revocable living trust.
  • Assign beneficiaries to other assets, such as life insurance policies, retirement plans, and securities.
  • Use an attorney to prepare a living will, name a health care proxy, and create a HIPAA release form.
  • Update the plan every five years.

  
  

• How long does the estate planning process last?

  The length of the process can vary greatly depending on the size and complexity of the estate, the specific law office, and whether there’s an emergency or urgent need. If you’re using an attorney, you can generally expect it to take one to five weeks. You may be able to speed up the process by immediately providing your attorney with any bank statements or other documents they need.

• What is a trust?

  A trust is an agreement between a grantor, a trustee, and a beneficiary. In this agreement, the grantor allocates funds or real property assets to the trustee to be held either until the grantor passes away or until a specific, agreed-upon date. At that point, it's the responsibility of the trustee to distribute funds or property to the beneficiary or beneficiaries. While there are similarities between a will and a trust, a will is a more comprehensive document that typically requires probate court, while a trust allows assets to pass to the beneficiary without probate.

• How does a trust fund work?

  When opening a trust fund, a grantor allocates a trustee to oversee and manage assets in the account. This trustee can sometimes be a relative, an estate lawyer, or a bank that acts as the legal owner of the trust. While holding assets, the trustee is required to file taxes on trust assets.

• How does a living trust work?

  A living trust enables a grantor to manage their assets through a trustee while still alive. They can continually add funds and/or property to their trust fund by transferring them to the trustee, who accepts ownership of everything held in the fund. The grantor can name a beneficiary for their trust, and their assets will be automatically transferred to that person or establishment upon their death.

• Do I need a lawyer for a will?

  No, a lawyer is not required to draft or complete a will. However, there are some scenarios in which hiring an estate lawyer to assist with a will is a good idea, including when children or high-value assets are involved. Additionally, an estate lawyer can help to reduce probate fees and taxes paid by loved ones after a person dies. It's also best to work with a professional to ensure that the will addresses everything necessary, such as funeral plans, guardianship, and asset distribution.

• Can you have both a will and a living trust?

  Yes, and individuals who have a living trust should also have a will. While a living trust enables a person to leave funds and assets to a loved one when they're gone, a will is required to cover any assets that aren't included in the trust, such as guardianship of dependents, funeral plans, and forgiveness of outstanding debts, if applicable.

• How much does it cost to set up a trust?

  The cost of setting up a trust varies quite a bit depending on a variety of factors, including terms that are in place, special provisions for minor beneficiaries, and trustees' basic fees. In most cases, the minimum cost of setting up a trust is about $1,500, but depending on the factors mentioned above, this cost can increase by thousands of dollars.