"Karina took the time to understand our family's situation before recommending anything. The estate plan she put together gave us real peace of mind."
MGMaria G.
Miami, FL
Wills and Trusts Attorney in Miami
Create a clear estate plan that protects your wishes, your family, and your assets with guidance from an experienced wills and trusts attorney.
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Client Stories
Why Clients Trust KVasquez Law
"I was facing a complicated tax matter and didn't know where to start. KVasquez Law gave me a clear plan and walked me through every step."
RSRoberto S.
Coral Gables, FL"Finally, a tax attorney who speaks plain English and Spanish. She explained everything without the legal jargon."
AMAna M.
Doral, FL"KVasquez Law helped me get my estate plan in order after years of putting it off. Clear process, no pressure, and everything was explained in plain language."
PMPatricia M.
Miami Lakes, FL
Legal Guidance for Wills and Trusts
A will and a trust are the foundation of any well-built estate plan. Together they determine what happens to your assets, who is responsible for carrying out your wishes, and how your family is protected after you are gone. Without them, Florida law makes those decisions for you and the process of settling your estate becomes more complicated, more public, and more costly for the people you leave behind.
KVasquez Law advises individuals and families in Miami on wills, trusts, and the full range of estate planning documents that give you control over your legacy. Karina reviews your assets, your family structure, and your goals before recommending any document or strategy, and prepares everything personally so your plan reflects exactly what you intend.
Wills, Trusts, and Estate Planning Options
Last Will and Testament
A will is the foundational document of your estate plan. It directs how your assets are distributed after you pass, names a personal representative to administer your estate, and if you have minor children, designates a guardian for them. Key points:
- A valid Florida will must meet specific execution requirements including witnesses and notarization
- Without a will, Florida's intestacy laws determine how your estate is distributed, which may not reflect your intentions
- A will goes through probate, the court-supervised process of validating the document and overseeing the distribution of assets
- Wills are public documents once admitted to probate, meaning the contents become part of the public record
Revocable Living Trust
A revocable living trust allows you to transfer assets into a trust during your lifetime while retaining full control over those assets as the trustee. At your death, the assets pass directly to your named beneficiaries without going through probate. Key points:
- Avoids probate entirely for assets held in the trust, saving time, cost, and keeping your affairs private
- Provides continuity of management if you become incapacitated, because your named successor trustee steps in without court involvement
- Can be amended or revoked at any time during your lifetime as your circumstances change
- Works alongside a pour-over will that captures any assets not transferred into the trust during your lifetime
Irrevocable Trusts
Unlike a revocable trust, an irrevocable trust generally cannot be amended or revoked once established. In exchange for giving up that control, irrevocable trusts offer benefits that revocable trusts do not, including asset protection from creditors and removal of assets from your taxable estate. Common irrevocable trust structures include:
- Irrevocable life insurance trusts to keep life insurance proceeds outside the taxable estate
- Spousal lifetime access trusts for married couples seeking estate tax reduction with retained family access
- Charitable trusts for clients with philanthropic goals and estate tax planning objectives
- Special needs trusts for beneficiaries with disabilities who receive or may receive government benefits
Healthcare Directives
Healthcare directives document your medical wishes and designate someone to make healthcare decisions on your behalf if you cannot speak for yourself. Florida recognizes two primary documents:
- A living will that records your wishes regarding life-prolonging procedures in end-of-life situations
- A healthcare surrogate designation that names a person to make medical decisions on your behalf when you are unable to do so
Powers of Attorney
A durable power of attorney authorizes a trusted person to manage your financial and legal affairs if you become incapacitated. Without one, a court-supervised guardianship proceeding may be required to appoint someone to act on your behalf, which is time-consuming and costly for your family. Key points:
- A durable power of attorney remains effective even if you become incapacitated
- The scope of authority granted can be tailored to your specific situation and comfort level
- This document is a critical component of any complete estate plan, not an optional addition
How an Estate Planning Attorney Can Help Protect Your Wishes
Estate planning documents are only as effective as the care taken in drafting them. A will or trust that is improperly executed, internally inconsistent, or out of date with your current circumstances can create problems for your family at exactly the moment they are least equipped to deal with them.
Getting the Documents Right
Florida has specific execution requirements for wills and trusts. A document that does not meet those requirements may be challenged or invalidated. KVasquez Law prepares estate planning documents that are legally sound, clearly drafted, and properly executed so they hold up when they matter most.
Building a Plan That Works Together
A will, a trust, powers of attorney, healthcare directives, and beneficiary designations on financial accounts and insurance policies all need to work together as a unified plan. KVasquez Law reviews the full picture and makes sure every component is aligned so nothing falls through the gaps.
Planning for Your Specific Circumstances
Blended families, minor children, beneficiaries with special needs, significant assets, closely held business interests, and multi-state or international assets all require planning that goes beyond a standard template. KVasquez Law builds plans around the specific realities of your life and family.
Keeping Your Plan Current
An estate plan drafted five or ten years ago may not reflect your current assets, family structure, or intentions. KVasquez Law advises on when your plan should be reviewed and updated so it continues to serve its purpose as your life evolves.
FAQ
Frequently Asked Questions About Wills and Trusts
Question 1
Do I need both a will and a trust?
Many clients benefit from having both. A revocable living trust handles the distribution of assets held in the trust and avoids probate for those assets. A pour-over will captures any assets not transferred into the trust during your lifetime and directs them into the trust at death. Whether you need both depends on your assets, your family structure, and your goals. KVasquez Law advises on the right combination for your situation.
Question 2
What happens to assets that are not in my trust?
Assets not transferred into your trust during your lifetime are subject to probate and distributed according to your will or, if you have no will, according to Florida's intestacy laws. A pour-over will can direct those assets into your trust at death, but they will still go through the probate process first. Proper trust funding during your lifetime is essential to getting the full benefit of a revocable trust.
Question 3
Can I change my will or trust after it is created?
A will can be amended through a codicil or replaced entirely with a new will at any time while you have legal capacity. A revocable living trust can be amended or revoked at any time during your lifetime. An irrevocable trust generally cannot be changed once established, which is why the terms must be carefully considered before it is created.
Question 4
What makes a will valid in Florida?
A valid Florida will must be in writing, signed by the testator, and witnessed by two individuals who sign in the presence of the testator and each other. Florida also recognizes self-proving wills where the testator and witnesses sign an affidavit before a notary at the time of execution. Holographic wills, meaning handwritten wills without witnesses, are not valid in Florida.
Question 5
Do I need an estate plan if I am young and do not have significant assets?
Yes. Estate planning is not only about wealth transfer. A healthcare directive, a healthcare surrogate designation, and a durable power of attorney are relevant for every adult regardless of age or asset level. If you become incapacitated without these documents in place, your family may need to go to court to obtain authority to act on your behalf.
Contact us
Get Answers About Your Estate Planning Options
Your estate plan should reflect your wishes, protect your family, and hold up when it matters most. KVasquez Law advises individuals and families in Miami on wills, trusts, and the full range of estate planning documents with direct, personalized guidance from attorney Karina Vasquez.
Get in Touch Directly
Phone
(305) 359-7522
legal@kvasquezlaw.com
Office Address
1200 Brickell Avenue, Suite 1950, Miami, FL 33131
