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Written by: Adela Z. Marcote, Esq. | Last Updated September 2026
Do I Need an Estate Plan in Miami, Florida? What Should it Include?
In Florida, anyone with assets, minor children, elderly parents, a business, or a same-sex or non-traditional family relationship needs an estate plan. From our Miami Kendall offices our attorneys provide a complete estate plan which typically includes: a revocable living trust, last will and testament, durable power of attorney, healthcare surrogate designation, living will, and where applicable, a Lady Bird deed.
If you die in Miami, Kendall or anywhere in Florida without a valid will or trust, your assets are not automatically distributed to your family. Under Florida Statute § 732.101, any property not effectively disposed of by will becomes an "intestate estate" that must pass through court-supervised probate under Florida Statute Chapter 733. Florida's circuit courts, established by Article V, Section 5 of the Florida Constitution, hold jurisdiction over these proceedings. Probate is typically slower, costlier, and more public than a properly funded estate plan, which is why a revocable living trust is often used to avoid it entirely.
With a proper estate plan, you decide who cares for your children, who manages your assets, and how your family is protected. Without one, a judge, a stranger to your family, making those decisions for you.
What Documents Should a Florida Estate Plan for a Miami Families Include?
Do I need a WILL and a TRUST?
Some assets are best bequeathed through a will and others through a trust. A well drafted trust allows for a smoother, less expensive and faster transition of certain type of properties. Allow our South Florida Attorneys to assist you protect your family whether in Homestead, Kendall, Miami or South Florida we serve your community.
What is a POWER OF ATTORNEY ?
In Florida, Power of Attorney terminates upon the grantor's death. Therefore, a power of attorney is not effective once the person granting the power of attorney passes away but it is a necessity during the person's lifetime to protect them in certain situations.
Will I need a LADY BIRD DEED OR OTHER DEED?
Under some circumstances a Lady Bird Deed or other types of Deeds are necessary or the best option. MMD Estate Attorney will recommend the type of Deed that best meets your goals and provides the best option for you.
When will my Child need a GUARDIAN appointed?
Guardians may be appointed for minors or in the event an adult becomes incapacitated. If you do not have the proper documents in order you will not be able to tell the Miami - Dade or Broward County Judge what your wishes were for your child. Our Miami Estate Planning Attorneys can draft the proper documents.
What is an ADVANCE HEALTHCARE DIRECTIVE (Living Will), do I need it?
A document where you can name your health surrogate and you can also make health decisions so no one else is tasked with the painful duty. MMD Miami -Broward Estate Planning attorneys will not only help you protect your assets, we will help you protect you, by drafting documents that you need for your health matters.
What is a BENEFICIARY DESIGNATION ?
A legal document assigning who will inherit items allowing your estate to bypass probate. In Miami Dade and Broward Probate Courts the process can be costly and long.
Do I need to Pay for an EVALUATION?
NO, Contact us today for a free evaluation, and feel free to inquire about services we can assist you with that may not be listed. Your peace of mind is our priority!
WHAT SERVICES DO THE MMD LAW ADVOCATES FLORIDA ESTATE PLANNING ATTORNEYS OFFER?
DRAFTING
Estate Planning Documents
Welcome! During our meeting, we will discuss your objectives and what you hope to achieve. From there, we will draft a personalized estate plan that includes all the essential legal documents tailored to meet your needs. We are here to ensure your goals are met with care and precision.
WILLS & TRUST UPDATE
We will conduct a comprehensive review of your current Estate Plan and take into account any life changes that require necessary updates. Your wills and Trust will be revised with the necessary language to reflect your new goals while ensuring full compliance with Florida Law.
CREATING AND SETTING UP A AND FUNDING
A TRUST
Creating a trust is just the beginning; our office will create the proper trust for your needs and will assist you in funding your trust so that all your property is transferred into the trust correctly and safely to ensure proper ownership after the trust is established.
COMPREHENSIVE
GUIDED ESTATE PLAN TO PROTECT YOUR FAMILY
We treat your case as if you were family. By understanding your goals, protecting you and your loved ones, and delivering solutions effectively and efficiently. With our guidance, you can move forward with confidence and true peace of mind.
What Happens During a Free Estate Planning Evaluation at MMD Law Advocates in Kendall, Miami?
During your free estate planning evaluation at MMD Law Advocates in Kendall, Miami, one of our Florida estate planning attorneys meets with you one-on-one to understand your goals, your family situation, and your assets before recommending any documents. Every estate plan starts with a conversation, not a template, because the right legal tools depend entirely on your specific circumstances.
Based on what you share during this meeting, your attorney will determine which documents your plan should include.
A comprehensive Florida estate plan often includes a Revocable Living Trust, Pour-Over Will, Durable Power of Attorney, and Advance Healthcare Directive, though the exact combination is tailored to you, not one-size-fits-all.
Whether you live in Broward or Miami Dade, schedule your free evaluation with our Miami-Kendall estate planning team to find out exactly which documents your estate plan needs, we make the consultation easy to attend at a convenient time to all.
Estate Planning Rooted in the South Florida Community We Grew Up In
At MMD Law Advocates, we understand estate planning the way Kendall and South Florida families actually live it, because we grew up here. We've seen firsthand what it means to build a life after migrating to this country, to hold together a multi-generational family, and to care for aging parents while still raising young children of your own. That's not a challenge we studied; it's one we've lived alongside our own community for generations.
An estate plan isn't only about legal documents. It's about protecting what you worked hard to build, and more importantly, the family you love most. Whether your priority is caring for an elderly parent, securing guardianship for minor children, or passing down what generations before you sacrificed to create, we build a custom plan around what matters most to your family specifically.
You Can't Afford to Wait
Protecting your Family is at the
Heart of everything we do!
From our Miami-Kendall office
Servicing all of South,
West and East Florida
IS THE PLAN YOU CREATE UNIQUE FOR ME? WE CREATE AN ESTATE PLAN JUST FOR YOU
Your family is unique, there is no other like it. You need a unique estate plan that fits your needs and wants while providing and taking care of your family. At MMD, our Wills & Trusts and Estate Planning Attorneys understand that your loved ones are the most important thing in the world for you. We are Motivated to create a custom plan that is Masterfully drafted to protect your unique family. MMD's Wills and Trusts attorneys are Dedicated to protecting you and your family. We will sit down with you and obtain the necessary understanding of your family's goals and wishes, creating a plan that satisfies your needs. We look at you as if you were our Family and offer you the same care and dedication we offer our loved ones.
We Embrace the LGBTQ Community
We embrace the LGBTQ community with love and respect. Thanks to recent changes in the law, the LGBTQ community now has many of the rights that were previously denied. We take PRIDE in being chosen to draft estate plan documents that protect you and your family. We understand the unique challenges faced by LGBTQ families and aim to protect your needs and goals. Our Wills and Trusts Attorneys will listen to your needs and desires and draft or update the documents you need to protect your partner, spouse, children or loved ones. Based on our intake meeting we will recommend the estate plan that best accomplishes your goals while making the process as smooth as possible for your loved ones.
CALL US FOR A
FREE CONSULTATION
What happens if you Die Without a Proper Estate Plan?
If you die without the proper Estate Plan, under Florida Law your assets will most likely be placed under Probate. Your heirs, will be forced to hire an attorney, therefore costing them more money, and the process will take months and can take several years.
What Happens if I Die without a
Will or Trust
Assets go into intestacy, meaning the state of Florida (not you), will decide who inherits your property. It may go to the last person on earth you want to leave it to.
Do My Assets go into Probate Court if I die without a Proper Estate Plan?
Yes, The assets may be placed into probate Court. This is where the Court decides who gets the assets. Your family will be forced to hire an attorney to claim their rights, bringing added costs and added emotional pain to an already grieving family. This is a lengthy legal process that can be avoided with the proper plan.
Who gets Children Guardianship?
Without a proper executed plan, a Judge who does not know what your wishes are or know your children will decide their future without your input.
Who Gets My Assets if I die Without an Estate Plan?
The State does not take into consideration who was closest to you, or who you want to protect, it is who the Law determines was closest in parental lineage. Your estate may go to a family member you have not talked to in years.
Is a Will Enough?
A will by itself may not alleviate the need of Probate Court. Probate is an expensive and lengthy process and it may take years and cost your family thousands of dollars. It is easily avoided with a proper estate plan.
Without a Medical Directive. Who Decides what happens?
Your health decisions may be made by someone that does not have your best interest at heart.
Without a directive, the medical decisions you want to be made for you may not be considered.
MMD's South Florida Estate Planning/Wills & Trusts Lawyers are ready to meet with you for a free consultation to discuss how to protect your family.
FREQUENTLY ASKED QUESTIONS ABOUT ESTATE PLANNING
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What is the main difference between a will and a trust?
A will directs how assets are distributed after death, while a trust allows assets to be managed during life and passed on without probate.
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How does a Living Trust avoid Probate in Florida?
A Living Trust avoids Probate by changing the legal ownership of your assets from your individual name to the name of the Trust.
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What happens if I die without a Will or Trust in Florida?
If you die without an estate plan, you are considered "intestate." Florida’s intestacy laws will dictate exactly how your assets are distributed to your relatives. This often leads to family disputes, unnecessary court delays, and distributions that may not align with your personal wishes or family needs.
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Do I need to update my Estate Plan if I moved to Florida from another state?
Yes. Florida has unique laws regarding Homestead protection, "self-proving" Wills, and Durable Power of Attorney requirements. Documents drafted in other states may not provide the full protections offered under the Florida Probate Code, potentially leaving your estate vulnerable to complications or unintended tax consequences.
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What are the essential documents for a complete Florida Estate Plan?
A comprehensive Florida estate plan typically includes five core documents: a Last Will and Testament or Revocable Living Trust, a Durable Power of Attorney, a Designation of Health Care Surrogate, a Living Will (addressing end-of-life care), and a HIPAA Authorization for medical privacy.
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Can I protect my minor children's inheritance in a Trust?
Yes. Florida law requires court-appointed guardians for minors inheriting over $15,000 unless a Trust is in place. By using a Trust, you can specify exactly when and how your children receive their inheritance, ensuring the funds are managed by a person you trust for their education and care.
Including but not limited to:
Miami-Dade County Broward County Palm Beach County South Miami Westchester
Miami Fort Lauderdale West Palm Beach Homestead Pinecrest
Kendall Fort Myers Port St Lucie Hialeah Coral Gables
Naples Lehigh Acres Palmetto Bay All Florida Doral
Proudly Serving Clients throughout the State of Florida
Adela Z. Marcote & Jacqueline Marcote De Moya, Founding Partners
LEMON LAW ATTORNEY
DEFECTIVE CAR ATTORNEY
WILLS AND TRUST ATTORNEY
ESTATE PLANNING ATTORNEY
PRE NUPTIAL / POST NUPTIAL AGREEMENT
LAND TRUSTS /CRYPTO TRUSTS / GUN TRUSTS
HEALTHCARE DIRECTIVE
MINOR GUARDIAN DESIGNATIONS
DURABLE POWER OF ATTORNEY
FAMILY LAW ATTORNEY
DIVORCE ATTORNEY
CHILD CUSTODY ATTORNEY
DIVISION OF ASSET AND ALIMONY
ORDER MODIFICATIONS or DISPUTES
PROBATE LAW
DISTRIBUTION OF ASSETS
FILING PROBATE
VALIDATING WILL
PAYING DEBTS
LEGAL TITLE TRANSFERS
PROPERTY DAMAGE INSURANCE ATTORNEY
UNDERPAID OR DENIED INSURANCE CLAIM ATTORNEY
ELDER LAW
MEDICARE AND MEDICAID PLANNING
BUSINESS TRANSACTIONAL
BUSINESS DOCUMENT DRAFTING AND REVIEW
COMMERCIAL LITIGATION
LITIGATION
ALTERNATIVE DISPUTE RESOLUTION
MEDIATION
ARBITRATION
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12595 SW 137 Avenue Suite 307, Miami, Florida 33186