Estate Planning Attorney
by Pujol Law Group
At Pujol Law Group, we understand that you love your family and want to make things as easy as possible for them in the face of life’s uncertainties. We serve as your dedicated estate planning attorneys in Miami, with knowledge spanning various crucial services. Whether you need a trust lawyer, a living trust attorney near you, a guardianship, or a will and trust attorney, we are here to guide you through the process.
You are not alone in this journey; Pujol Law Group is here to help. No matter your situation, our experienced team will work with you to create a comprehensive estate plan, providing you with the peace of mind that comes from knowing your loved ones and assets are protected. Contact Pujol Law Group, will and trust attorneys near you, to initiate the essential planning to secure your family’s future.
Who Can Benefit From Estate Planning?
Married with Children
Estate planning for married couples with children brings added complexity—from giving your spouse the ability to make decisions on behalf yourself in the event of incapacity to making sure your assets are designated correctly and passed down securely through generations. At Pujol, we see that even the youngest members’ futures will be taken care of, too.
Single Parents
You are primarily responsible for securing your family’s well-being and care. If the unimaginable happens to you while they are minors, you want to determine who cares for them and how.
In the ideal scenario, your child’s other parent would be suitable to take custody of your child if you cannot be there. But in many cases, that’s not possible or desired.
It’s essential for single parents—regardless of whether the other parent is involved—to legally document their wishes regarding their child’s upbringing and care. This includes specifying who you want to raise your child, outlining your parenting preferences, and detailing how you want your assets managed for your child in the event that something happens to you.
Life Partners With or Without Children
If you and your partner are not married, estate planning is paramount. If there are children involved, make sure to include this critical step.
By taking action now, you can see to it that you and your loved one have access to each other during potential hospitalizations. Couples in loving relationships need to plan ahead, as a lack of legal recognition may prohibit them from making medical decisions on behalf of their partner or having the right to visit if hospitalized- even with serious illnesses where clarity and companionship are most needed. Planning doesn’t just impact healthcare; it also sets both partners up for better financial security!
Blended Families
If you are a blended family and either you or your spouse have children from a prior marriage, there is no way around it – you must plan ahead to keep the people you love out of court and conflict and give yourself and them the peace of mind you both deserve.
No matter how close or friendly you think your spouse and your children are, there is simply an unavoidable and inherent conflict among them upon your death.
The great news is that you can mitigate this conflict and see to it that the people you love most will be taken care of with the utmost ease possible.
Children with Special Needs
Estate planning for children with special needs comes with a complex set of financial, social, and medical issues that some lawyers are ill-equipped to handle.
If you are seeking estate planning for your child with Down syndrome, autism, cerebral palsy, or any other developmental or intellectual disability, we are here to assist you.
We will work with you to create a sustainable living plan for your child so they have the financial resources necessary to lead a fulfilling life while also preserving their eligibility for government benefits.
How Do We Help You With Estate Planning?
With Pujol Law Group, you can craft a vital estate plan tailored to your needs and those of your loved ones. We begin with an extensive questionnaire designed to help provide clarity on what exactly it is that must be planned for: assets, underage children’s well-being, care, etc. We will then guide you in developing a revocable living trust that seeks to avoid any potential public probate costs or delays and minimize/eliminate taxes. Rest assured, knowing we are here every step along the way – providing support, knowledge, and compassion throughout this important journey!
Our firm recognizes the unique challenges families with special needs children face. That’s why we are dedicated to providing advanced estate planning services that provide peace of mind while protecting families from court battles and conflict. We strive to make all clients feel supported in their legal matters, no matter how complex they may be.
Pujol Law Group Estate Planning Services
Wills
A will is a legal document that becomes effective only after your death and specifies how your assets will be distributed. It covers assets solely owned in your name but not co-owned property or assets with designated beneficiaries, such as life insurance or retirement accounts.
One key aspect of a will is that it generally requires probate—a court-supervised process to validate the will and oversee asset distribution (however, it is vital to note that Pujol Law Group does not do Probate.) So, while probate carries out your wishes, it can also be lengthy, expensive, and public, potentially exposing your loved ones to disputes and privacy risks. Additionally, since a will only activates upon death, it cannot provide any support if you become incapacitated, leaving decisions about your care and assets to the court.
Though wills are often more affordable upfront, probate fees and legal costs can add up, especially if disputes arise. If your estate plan includes only a will, your family will be required to navigate the probate process, which can be costly and time-consuming. It’s essential to remember that the specifics can vary depending on individual circumstances and state laws. It’s always advisable to consult with a legal professional for personalized estate planning advice.
Trusts
A trust is an estate planning tool that takes effect once signed and funded with assets. Unlike a will, a trust provides protection not only after death but also in cases of incapacity. This allows you to designate a trustworthy individual to manage your assets if you are unable to do so. Trusts also keep your family out of court, as they avoid probate entirely, enabling the private and efficient distribution of your assets.
Trusts cover any assets that have been transferred to them, and with ongoing professional assistance, they can work to make sure that newly acquired assets are continually included. To account for any assets not moved to the trust, many people choose a “pour-over” will, which transfers the remaining assets into the trust upon death through probate.
While trusts have a higher initial setup cost compared to wills, they can save on probate fees and reduce the likelihood of family disputes, often making them a cost-effective choice in the long term.
Power of Attorney
A Power of Attorney (POA) is a crucial component of an estate plan that assures your affairs can be managed if you’re unable to make decisions for yourself. It grants a trusted individual, known as an “agent” or “attorney-in-fact,” the legal authority to act on your behalf in various matters, depending on the type of POA established.
There are two primary types of POAs in estate planning:
Financial Power of Attorney
Allows your agent to manage financial tasks such as paying bills, managing investments, or handling property transactions. This can be especially valuable if you become incapacitated, as it prevents the need for a court-appointed guardian and allows someone that you trust to manage your finances.
Medical Power of Attorney
Empower your agent to make healthcare decisions based on your preferences, especially if you’re unable to communicate. A medical POA is often paired with a living will. This outlines your wishes for end-of-life care.
With a POA, family members would be able to seek court approval to make decisions on your behalf, a process that can be costly, time-consuming, and emotionally challenging. By including a POA in your estate plan, you protect your loved ones from this burden and see to it that your personal, medical, and financial choices are upheld by someone you trust.
Healthcare Documents
Healthcare documents are essential components of an estate plan that allow you to communicate your medical preferences and appoint someone to make healthcare decisions on your behalf if you cannot. These documents guide your loved ones and medical professionals, seeing that your wishes are respected in critical situations.
Key healthcare documents typically include:
- Medical Power of Attorney
Also known as a healthcare proxy, this document designates a trusted individual to make healthcare decisions on your behalf if you’re incapacitated. Your medical power of attorney agent can advocate for you in line with your wishes, providing them the authority to make real-time decisions about your care.
- Living Will
A living will is a document that outlines your preferences for end-of-life care. It specifies whether you want life-sustaining treatments, such as resuscitation or mechanical ventilation. By providing clear instructions, a living will helps prevent confusion or conflict among family members and spares them from the burden of making these difficult decisions without your guidance.
- HIPAA Authorization
Under the Health Insurance Portability and Accountability Act (HIPAA), medical information is protected, making it difficult for loved ones to access medical records. A HIPAA authorization form allows designated individuals to access your medical information, enabling them to make informed decisions about your care.
- DNR (Do Not Resuscitate) Order
A DNR order specifies that you do not wish to undergo CPR or other resuscitative measures if your heart stops or you stop breathing. This is typically established for individuals with serious health conditions and can be included as part of your estate plan or medical records.
Why Not Go Online and Create My Estate Plan?
Great question! At Pujol Law Group, we understand that searching for estate planning services without legal help is a common issue faced by many. DIY plans are often inadequate because they provide generic, one-size-fits-all solutions that fail to address the specific needs of individuals and families. Our team has experience in crafting custom estate plans tailored to each client’s unique circumstances – so you can secure the future for you and your loved ones! So, if after reading this, you feel it could be time for an adjustment in your plan, get in touch with us today – we will work hard to create just the right solution from scratch.
Frequently Asked Questions
- How Often Should I Update My Estate Plan?
You should update your estate plan every three to five years or whenever you experience major life changes. Significant events—like marriage, divorce, the birth of a child, a new home purchase, or the loss of a loved one—can impact your wishes and asset distribution needs. Additionally, changes in laws or tax regulations may affect your plan’s effectiveness. Regular updates will help you keep your estate plan aligned with your current situation and intentions.
- What Happens if I Die Without a Will?
If you die without a will (intestate), state law will decide how your assets are distributed. This typically follows a hierarchy of heirs, which may include your spouse, children, or other close relatives. However, the process can be lengthy and may not reflect your wishes, such as specific bequests to friends or charities. Dying without a will can also lead to disputes among family members and may result in higher taxes and legal fees. Having a will in place lets your assets go to the people you choose, making the process smoother and more predictable for your loved ones.
- Do I Need an Estate Plan if I Don’t Have Many Assets?
Yes, you need an estate plan even if you don’t have many assets. Estate planning isn’t just about wealth; it’s about knowing that your wishes are honored. Even if you don’t have significant assets, an estate plan can appoint guardians for minor children, specify healthcare preferences, and name someone to manage your finances and medical decisions if you become incapacitated. Estate planning also lets you clarify how personal belongings or small assets should be handled, reducing potential conflicts among family members.
- Can I Make Changes to My Will or Trust After I Create It?
Yes, you can make changes to your will or trust after you create it or at any time while you’re alive and mentally competent. For minor changes to a will, you may add a “codicil,” an amendment to the document. For trusts, amendments can also be made, depending on the type of trust (revocable trusts can be changed, while irrevocable trusts typically cannot). Working with an estate planning professional when making changes is crucial so they are properly executed and legally binding.
- How Does Estate Planning Help Reduce Taxes?
Estate planning helps reduce taxes on your estate, preserving more of your assets for your beneficiaries. Certain strategies, like establishing trusts, making charitable donations, or gifting assets to family members during your lifetime, can reduce estate, gift, or inheritance taxes. A well-designed estate plan considers the tax implications of your assets and maximizes the tax-efficient transfer of wealth to your loved ones. Working with an experienced estate planner can help you take advantage of tax-saving strategies tailored to your unique situation.
We Are Professional Estate Planners
Pujol Law Group
782 NW 42nd Ave Suite 628, Miami, FL 33126
(305) 446-0059
We also serve the following areas:
Miami, FL
Coral Gables, FL
Coconut Grove, FL
Miami Beach, FL
South Miami, FL
A real estate power of attorney (POA) is a legal document that authorizes someone to manage your real estate matters.
When it comes to estate planning, many focus on wills
When planning your estate, understanding the difference between a living
Pujol Law Group
782 NW 42nd Ave Suite 628, Miami, FL 33126
(305) 447-0059