• (305) 261-7000
  • Contact
  • Español

OFFICE: Miami - Hialeah
  • en
    • English
    • German
    • Espaniol
    • Portugise
gallardo law firm logo
×
  • Home
  • Services
    • Personal Injury
    • Immigration
    • Family
    • Criminal Defense
    • Workers Comp
    • Labor Law
    • Bankruptcy
    • Civil Litigation
    Personal Injury
    • Personal Injury Lawyer
    • Car Accident
    • Slip And Fall
    • Wrongful Death
    • Truck Accident
    • Motorcycle Accident
    • Brain Injuries
    • Boating Accident
    Medical Malpractice Injuries
    • Medical Malpractice
    • Surgical Malpractice
    • OB-GYN Malpractice
    • Pharmaceutical Malpractice
    • Nursing Home Abuse
    Immigration Lawyer
    • Immigration Lawyer
    • Deportation Defense
    • Removal Proceedings
    • Immigration Bail Bonds
    • Criminal Conviction & Immigration
    • Prosecutorial Discretion
    Reunification And Deportation
    • Family Reunification
    • Cuban Family Reunification
    • DACA Deferred Action
    • DAPA Deferred Action
    Visa, Residency and Citizenship.
    • Fiance Visa
    • Non Immigrant Visa
    • Temporary Worker Visa
    • Visa Waiver
    • US Visa
    • Religious Worker Visa
    • U Visa (Victims Of Criminal Activity)
    • Investor Visa
    Hearings, Conviction and Other
    • Citizenship
    • Family Based Green Card
    • Employment Based Green Card
    • VAWA self-petition (Victims Of Domestic Violence)
    Family Lawyer
    • Family Lawyer
    • Divorce
    • Equitable Distribution
    • Breach Of Divorce Agreement
    • International Divorce
    • Alimony
    Child Custody Law
    • Child Custody
    • Child Support
    • Time Sharing
    • Third Party Visitation
    • Child Relocation
    • Paternity
    Divorce Lawyers
    • Modify Divorce Decree
    • Prenuptial Agreement
    • Post Nuptial Agreement
    Other Divisions
    • Trust, Will & Estate Planning
    • Domestic Violence
    Criminal defense Lawyer
    • Criminal Defense Lawyer
    • Appeals & Post-Convictions
    • Probation Violation
    • Grand Jury
    • Death Penalty
    • Miranda Rights
    • Asset Forfeiture
    • Seal Criminal Records
    Criminal defense Lawyer
    • Assault And Battery
    • Sex Crimes
    • Criminal Assault
    • Theft And Robbery
    Criminal Defense
    • Drug Crimes
    • DUI Defense
    • Misdemeanor Charges
    • Federal Crimes
    • Weapons Charges
    • Criminal Traffic Offense
    Criminal Defense
    • Money Laundering
    • White Collar Crime
    • Health Care Fraud
    Workers Comp Lawyer
    • Workers Compensation Lawyer
    • Worker’s Comp Injuries
    • Workers Compensation Benefits
    • Chemical Exposure Injuries
    • Strain & Sprain Injuries
    • Cuts & lacerations Injuries
    • Hearing loss Injury
    • Repetitive Trauma Injury
    Workers Compensation
    • Who Is Eligible For Workers’ Comp
    • Denied Workers Comp Claim
    • Return To Work After Injury
    Employment Lawyer
    • Employment Attorney
    • Equal Pay Act
    • Family Medical Leave Act
    • Employment Discrimination
    • Unpaid Wages
    • Unpaid Overtime
    • Minimum Wage Violations
    • Sexual Harassment At Work
    Employment Division
    • Business Litigation
    • Employee Class Action Lawsuit
    • Wrongful Termination
    • Whistleblower Claims
    • Disciplinary Procedure
    Bankruptcy
    • Bankruptcy Attorney
    • Bankruptcy Process
    • Bankruptcy Property
    • Bankruptcy In Hard Economic Times
    • Chapter 7 Bankruptcy
    • Chapter 11 Bankruptcy
    • Chapter 13 Bankruptcy
    • Creditor Harassment
    • Life After Bankruptcy
    Real Estate
    • Foreclosure
    • Foreclosure Defense
    • Home Insurance Claims
    • Loan Modification
    • Real Estate Disputes
    • Landlord-tenant Disputes
    Civil Litigation
    • Civil Litigation
    • Civil Rights
    • Construction litigation
    • Breach of contract
    • Commercial Litigation
    • Mediation & Arbitration
    • Defamation
    • Money Seizure
  • Attorneys
    Carmen Gallardo Attorney in Miami

    Carmen Gallardo
    Leisy Jimenez Family Lawyer Miami

    Leisy Jimenez
    Elvis John Adan workers comp Lawyer Miami

    Elvis John Adan
    Natalia Timmons personal injury lawyer Miami

    Natalia Timmons
    Jesús Novo Miami Attorney

    Jesús Novo
    Maria Vargas civil litigation Lawyer

    Maria Vargas
    Irene Romero Immigration Lawyer Miami

    Irene Romero
    Maria D. Lopez Lawyer

    Maria D. Lopez
    Rainier Regueiro Labor Lawyer Miami

    Rainier Regueiro
    Dianelys Cala Immigration Lawyer Miami

    Dianelys Cala
    Paul Agbeyegbe Civil Lawyer Miami

    Paul Agbeyegbe
    Eudinio Perez Family Lawyer Miami

    Eudinio Perez
    Ismael Labrador Bankruptcy and Immigration Lawyer Miami

    Ismael Labrador
    Mayron Gallardo Criminal Defense and Immigration Lawyer Miami

    Mayron Gallardo
  • Videos
  • About us
  • Testimonials
  • Client Portal
Family
  • Services
      • Divorce Laws
      • Alimony
      • Divorce
      • Domestic Violence
      • Equitable Distribution
      • Breach Of Divorce Agreement
      • Family Lawyer
      • International Divorce
      • Child Custody Laws
      • Child Custody
      • Child Relocation
      • Child Support
      • Paternity
      • Third Party Visitation
      • Time Sharing
      • Marital Agreements
      • Modify Divorce Decree
      • Post Nuptial Agreement
      • Prenuptial Agreement
  • Family Lawyers
    • Leisy Jimenez Avatar Picture

      Leisy Jimenez
      Eudinio Perez Avatar Picture

      Eudinio Perez
  • Videos
    • Gallardo Law Firm Video thumbnail

      Gallardo Law Firm

      How long does a divorce take? Video thumbnail

      How long does a divorce take?

      How is Child Custody decided? Video thumbnail

      How is Child Custody decided?

      Divorce and Property Video thumbnail

      Divorce and Property

      Am I entitled to file for divorce in Florida? Video thumbnail

      Am I entitled to file for div...

      Will I pay or receive Child Support? Video thumbnail

      Will I pay or receive Child S...

      What if my spouse cheated on me? Video thumbnail

      What if my spouse cheated on me?

      Grounds for a Divorce Video thumbnail

      Grounds for a Divorce

      View all video FAQs
  • FAQS
  • Contact
  • Will, Estate Planning and Trust Miami
    ESTATE PLANNING
  • Gallardo Law Firm Miami Office
    LARGE FIRM RESOURCES
  • Attorneys in Miami Florida
    WITH A HUMAN TOUCH
  • Gallardo Law Firm Attorneys Team
    WE ARE ALWAYS AVAILABLE
    TO SPEAK WITH YOU
  • Lawyer free consultation
    CALL US NOW FOR A FREE CONSULTATION

Trust Miami, Will and Estate Planning

You are here: Home » Trust Miami, Will and Estate Planning

About Trust Miami, Will And Estate Planning

A Will or a testament, as it is commonly called, is a very formal legal process in estate planning; it ensures that your intentions in regards to your assets and belongings are followed upon your death. It is important to know that some requirements should be met to be valued by the court.

Writing a Will is not only for affluent people but people of all economic levels. Without a Will, your properties and estate will be subjected to the laws of Florida and they might not be distributed as you would wish.

A Will can also permit you to appoint a guardian for any minor you have and a representative to manage your estate. On the other hand, the court will assign one without taking into consideration your desires.A properly executed Will must be witnessed, except if it is a self-providing Will which should be notarized.

Requirements For A Will Miami

There are certain requirements the individual(s) preparing a Will must take into account, from being mentally capable to know what a will is. They may vary depending on the jurisdiction. Here are some of the requisites you should have in mind:

  • Be 18 years old or an isolated youngster
  • Sign and date the Will. Witnesses should sign the Will as well in the testator’s physical presence.
  • List who inherits and what it is inherited
  • Address an executor to be responsible for the execution of the property distribution
  • Choose a guardian for the minor(s)

Types Of Will

Drafting a Will that explains how you would like your properties and belongings be distributed after your death is a smart thing. Wills are written documents; however, there are states that recognize other types of Will. Here are some:

  • Holographic Will: This is a handwritten will without the attendance of a witness or witnesses. It is usually drafted in specific or limited circumstances.
  • Self-providing Will: This is the most common Will which has been signed and witnessed with all the requirements present.
  • Oral Will: This is an unwritten disposition of property. It is drafted only in imperative circumstances, and only few states recognize it.

Trust

In contrast to a Will, a trust can be effective even when the settler is still alive. It is a legal document in which one party, known as a settler, gives another party, the trustee, the power to manage and supervise, and distribute the property and belongings to the beneficiary; in addition, the trustee(s) will ensure that the trust operates the way the grantor has requested.

The trust allows others to take care of your assets when you are not able to. Opposite to a will, a trust usually allows to have more control over the funds and the distribution to the beneficiaries. That is to say, the funds can be dispensed according to specific purpose such as education, or monthly disbursement arrangements.

Requirements For A Trust

A Trust will protect the trustee in the future. Sometimes you need someone to make a decision when you get sick and a living trust allows a trustee to do it for you. Its main purpose is to hold assets for you and for the beneficiaries. As with wills, a trust must be properly created and conducted under the law of Florida. It is a relatively simple process. Here is what you have to do:

  • At least you need to include one beneficiary other than yourself.
  • The trust must be written, oral ones are not valid.
  • Required deeds for property must be signed, they include homes and automobiles.

Types Of Trusts

DA Trust may be described differently depending on the characteristics and purpose of it. There are several types of trusts mentioned below:

  • Living Trust: As the name suggests, it is a trust created while you are alive. This is also known as inter trust.
  • Testamentary Trust: The trust is created through a will and it goes through probate. It is usually created following the settlers death.
  • Revocable Trust: This trust may be revoked or terminated at the settlers request at any time for any reason.
  • Irrevocable Trust: Contrary to the revocable trust, this one cannot be terminated or revoked for any reason until the terms of the trust have been completed.
  • Spendthrift Trust: This trust can be a living or a testamentary trust. It forbids beneficiaries and creditors from getting the trust.

Advantages Of A Trust Miami

A Trust allows you to have a written legal document assigning your assets upon your death. Here are reasons why it could help you:

  1. The trust document provides privacy. It is never made public, this permits your estate be distributed in privacy; while in the other hand, a will is a public record.
  2. The trust document allows naming alternative beneficiaries if the primary becomes ill, or die. With a will, and no durable power of attorney, the court has the power to assign someone to supervise the financial affairs and inform the court for any transaction, sales and expenses approval.
  3. Property through a trust never goes by way of probate. In few weeks, your trustee will be able to make the distribution according to the instructions. While with a will, the estate will go through court proceedings, which can take from months to years, for the distribution of the assets according to the instructions.

Durable Power Of Attorney Florida

A Power of Attorney is a legal document that gives an individual you trust the authority to act on your personal interest. There are several kinds of Power of Attorney. In estate planning, the most important is the Durable Power of Attorney.

The Durable Power of Attorney is the legal power you give to someone to take care of your financial matters, make decisions in regards to your health if you become incapacitated, and handle other business during your disability. This document should only be signed by a capable individual who understands the repercussions the Power will have.

When you have a Durable Power of Attorney for healthcare purposes, it is important to designate an agent and a second agent will be also useful in case the first one becomes unavailable or unwilling to make a decision. Your agent will remind your physician of your desires.

Will And Trust Attorney In Miami

Wills and Trusts are the two main vehicles for protecting your assets for your loved ones. That is why it is important to contact a qualified Florida attorney to help you establish a trust or create a will.

Florida attorneys have been assisting clients with wills and trusts issues, containing living wills, durable power of attorney, and personal residence trusts for quite a time now. They understand that wills and trusts matters are top priority for Florida residents. They work diligently to assist with asset protection plans for individuals, married couples and life partners.

Consequently, if you are in the process of creating a will or a trust, it will be significant to consult with a Florida wills and trusts attorney to guarantee that the concepts have properly been followed for the documents to be valid.

Gallardo Law Firm

Trusts and Wills Lawyers at Gallardo offices are qualified working with the different kinds of wills and trusts, their legal formalities and the tax implications. Regardless of the type the clients are wishing, our attorneys guide them through the legal process with the utmost respect and care they deserve. The attorneys will explain how the law affects their cases and the legal options available.

Our attorneys will deliver compelling strategies geared toward achieving the resolution for your case. Our attorneys are highly qualified for develop various types of wills and trusts as well as power of attorneys. We also have legal advise online on the website.

FAQS

What is an estate planning?

Estate planning involves the change of possession of property and belongings upon an individuals death. It also involved how these properties and assets are owned.

How does the Will work?

The will or testament begins to work when the testator passes away. The document will be submitted to probate and the court will determine if it is real and legal. After this, the executor will gather the family together and let them know how the distribution of the funds and property transfers go.

What is probate?

Probate is a legal process that recognizes a will and assigns an executor who will manage the estate and allocate assets to the beneficiaries.

Is it important to contact a lawyer for drafting a will, trust and estate planning? Why?

Yes. A qualified trust and will attorney can interpret the laws on wills, taxes, property rights and probate. In addition, there are legal requirements necessary for properly form drafting, personal issues are correctly addressed.

Can I function as my own trustee in regards to a living trust?

Yes, if you are a competent individual there is no reason why you cannot be your own trustee; even if you are married your spouse can be your co-trustee.

Can I name trustees and beneficiaries people who live out of state?

Yes, there are no limits; they may reside out of the state.
CONSULT WITH US YOUR CASE

About Us

Gallardo Law Firm specializes in areas of law such as personal injury, bankruptcy, immigration, criminal defense, and family law. We pride ourselves on our experienced lawyers who are highly dedicated to your case. We strive to provide solutions geared towards your needs and work hard with our clients to achieve success.


Quick Links

  • Home
  • Who We Are
  • Community Involvement
  • Privacy Policy
  • Business Contact
  • Blog
  • FAQs

Miami Office

  • 8492 SW 8th St Miami Fl 33144
  • (305) 261-7000
  • info@gallardolawyers.com
  • Fax: (786) 527-3242
Gallardo Law Firm logo

Hialeah Office

  • 7802 NW 103rd St #113 Hialeah FL 33016
  • (786) 800-9356

All Rights Reserved.