When life gets complicated, relax, You have an attorney in the family.
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Law Offices of Marcote & Marcote De Moya, PLLC
Do I Need an Estate Plan in 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. A complete Florida estate plan 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. Without one, your assets go through probate.
DO I NEED AN ESTATE PLAN,
I AM NOT RICH?
An estate Plan is for everyone that wants to protect their loved ones, not just for the wealthy. MMD Estate Planning Miami and Broward Attorneys, help Florida Families Prepare when the Unexpected Happens. From Wills and Trusts to Advance Directives, and Power of Attorneys, we prepare a personalized estate plan which helps protect your loved ones, preserve your assets, and provide peace of mind.
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
WE HELP YOU PROTECT YOUR FAMILY'S FUTURE
EVEN AFTER YOU ARE GONE
REMEMBER WE WANT YOU TO FEEL ,YOU HAVE AN ATTORNEY IN THE FAMILY
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.
During your Free Evaluation our attorneys will sit with you and ask the right questions to know what documents are best for your specific circumstances
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?
Your assets will go into probate, costing your loved ones lots of time and money.
Dying 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.
Expense and Delay of Probate Court
The assets are 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.
Closest Living Relative by Law Gets your assets
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 lienage. Your estate may go to a family member you have not talked to in years.
Improper Estate Plan
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
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
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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. -
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. -
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. -
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. -
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. -
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 Central Florida
Miami Fort Lauderdale West Palm Beach Orlando
Kendall Hollywood Port St Lucie Tampa Bay
Naples Lehigh Acres Vero Beach Others
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
VISIT OUR OFFICE
12595 SW 137 Avenue Suite 307
Miami, Florida 33186
Tel: 305-256-2616
