Top South Florida Estate Planning Attorney

Estate planning covers much more than writing a will. It includes strategies like revocable living trusts, irrevocable trusts, durable powers of attorney, and health care documents. Many new clients say they don’t have a plan, yet under Florida law, they already do. If you pass away without legal planning, your estate will be divided according to Florida’s intestacy rules, which follow a fixed order of heirs such as spouse, children, parents, and siblings. Of course, that may not match your wishes. A properly drafted estate plan replaces the State’s default plan with your own.

Start the process today with an experienced Miami and Fort Lauderdale estate planning lawyer.

Wills and Intestacy

Your Last Will and Testament is only one part of a comprehensive estate plan. If someone dies without a will, they are considered “intestate,” and their property is distributed by law. Only assets subject to probate follow this process; life insurance with named beneficiaries and assets in a trust do not.

Key facts about wills:

• A will has no legal authority until after death. It does not manage affairs during incapacity.

   

• A will does not avoid probate, it serves as the document submitted to court. As one attorney notes, “Only assets that pass through probate are affected by intestate succession laws”.

   

• A will allows parents to nominate guardians for minor children. Without this, family disputes can arise, and courts may appoint someone you would not have chosen.

   

Trusts

Trusts can be simple or complex, but all serve as legal entities with three roles: the trust-maker, the trustee (manager), and the beneficiaries. In a revocable living trust, the same person or couple often serves in all three roles.

Benefits of trusts include:

• Assets in a trust generally pass to beneficiaries without probate, saving time and preserving privacy.

   

• A trust continues to function even if the trust-maker becomes incapacitated.

   

• Some trusts provide tax advantages or creditor protection.

   

• Fully funding a trust is critical, any assets left out may still require probate.

   

As Kiplinger explains: “A living trust is really a shell in which you place your assets so that when you become incapacitated or pass away, your wishes are respected”.

Our probate and estate planning lawyers can help determine whether a trust is right for you.

Powers of Attorney

A Power of Attorney is a document granting another person (the attorney-in-fact) authority to act on your behalf. The scope may be broad or limited. All powers of attorney end at death, and some end upon incapacity. A Durable Power of Attorney remains valid if you become incapacitated.

Financial institutions often hesitate to honor a power of attorney more than a year old, so regular updates are important.

Health Care Documents

Advance directives let you specify the kind of medical and personal care you want if you can’t make decisions yourself. Anyone over 18 in Florida can execute an advance directive, and it is legally binding. Your directive can name a decision-maker and address life-sustaining treatment preferences, such as in the event of a coma with no reasonable chance of recovery.

Paired with this is a HIPAA authorization, allowing your chosen agents access to medical information. Without it, doctors may not communicate with your decision-maker.

Take the Next Step

Estate planning ensures your wishes, not the State’s rules, guide your legacy. Contact the Law Offices of Carol Grant to schedule a call with a Miami and Fort Lauderdale estate planning attorney.