Plan your family's future with a Coral Gables trusts and estates attorney

An estate planning trust attorney in Coral Gables helps you put your wishes in writing before they are needed. The core documents are a will, a revocable trust, a durable power of attorney, and a health care advance directive. Trust Counsel, PL is a Florida trusts and estates law firm with its only office in Coral Gables. This page offers general information about common estate planning documents and the questions people often raise about them.

What Estate Planning With Trust Counsel Covers

Estate planning is the set of documents that decides who manages your property, who receives it, and who speaks for you if you cannot. It covers the choices most families face but few have written down.

Trust Counsel focuses on trusts and estates matters. The firm’s only office is in Coral Gables, and we serve clients in Coral Gables and across Florida. Leslie V. Marenco is the attorney responsible for this practice. Support staff handle scheduling and document preparation under the attorney’s direction.

This planning often fits people who:

• Own a home, bank or brokerage accounts, or retirement accounts in Florida
• Have minor children or a family member who needs help making decisions
• Have a blended family, or heirs who may not agree on what you intended
• Own a business interest that needs a plan for the next owner
• Have family ties to other states or countries

Wills, Revocable Trusts and Powers of Attorney Explained

A will and a revocable trust do different jobs, so many plans use both. Each document serves its own purpose.

Last will. A will must be in writing. Under Fla. Stat. § 732.502, a will must be in writing. The testator’s name must appear at the end, signed either by the testator or by another person in the testator’s presence and at the testator’s direction. The testator’s signing, or acknowledgment of the signature, must take place in the presence of at least two attesting witnesses, who must then sign the will in the presence of the testator and of each other. Florida calls the person who runs the estate the personal representative, often called an executor. Until a will is admitted to probate in Florida or in the state where the decedent was domiciled, the will is ineffective to prove title to, or the right to possession of, property of the testator, under Fla. Stat. § 733.103.

Revocable trust. Unless a trust says it is irrevocable, the settlor may revoke or amend it, under Fla. Stat. § 736.0602; this default rule does not apply to a trust created under an instrument executed before the Florida Trust Code took effect. A trust can be created by transferring property to a trustee during your life, under Fla. Stat. § 736.0401. When a trustee vacancy must be filled, Florida follows a set order under Fla. Stat. § 736.0704(3), but a vacancy need not be filled if one or more cotrustees remain in office under § 736.0704(2). For a noncharitable trust, a vacancy in a trusteeship that must be filled is filled first by a person named or designated in the trust terms, then by a person appointed by unanimous agreement of the qualified beneficiaries, and then by the court, under Fla. Stat. § 736.0704.

Funding means moving assets into the trust’s name. A trust with no assets in it does little.

Durable power of attorney. Except as otherwise provided under chapter 709, a power of attorney is durable if it contains the words “This durable power of attorney is not terminated by subsequent incapacity of the principal except as provided in chapter 709, Florida Statutes,” or similar words that show the principal’s intent that the authority is exercisable notwithstanding the principal’s subsequent incapacity, under Fla. Stat. § 709.2104. Some powers, such as creating a trust or making gifts, need your signature or initials next to each one, under Fla. Stat. § 709.2202.

How the Estate Planning Process Works

The process moves from a conversation to signed documents in five steps. Most of the work happens before you sign anything.

1. Free first consultation. The first consultation is free, confidential, and carries no obligation to continue. You describe your goals, your family, and your main assets.
2. Asset inventory. You list real estate, bank and brokerage accounts, life insurance and retirement beneficiaries, and business interests. How each asset is titled affects how it passes.
3. Drafting and review. The attorney drafts the will, trust, and powers of attorney to match your choices. You review the draft and request changes before signing.
4. Signing. The will must be signed with two attesting witnesses, as required by Fla. Stat. § 732.502. A will executed in conformity with § 732.502 can also be made self-proved, with the testator’s acknowledgment and the witnesses’ affidavits sworn before an officer, under Fla. Stat. § 732.503.
5. Funding and records. You retitle accounts and property into the trust. You keep a written list of where the original documents are stored.

The timeline depends on how many assets you have and how many revisions you request.

How Planning Protects Against Incapacity and Family Disputes

Good planning names decision-makers before a crisis hits. That can reduce the chance your family needs a court proceeding.

• Finances. A durable power of attorney names an agent to handle money matters if you cannot. Name alternate agents in case your first choice cannot serve.
• Health care. In a guardianship case, the court must check whether you signed a valid advance directive. If a health care surrogate designation or durable power of attorney is an alternative to guardianship, the surrogate or agent may exercise health care decision-making authority without a further court order only upon a court finding that it is an alternative to guardianship, under Fla. Stat. § 744.3115.
• Minor children. A court may appoint a guardian for a minor upon petition of a parent, brother, sister, next of kin, or other person interested in the welfare of the minor, under Fla. Stat. § 744.3021. Planning can also set when children receive money.
• Heirs. A clear written statement of your instructions records in your own words what you intended. State your wishes in the document itself.

Why Work With Trust Counsel’s Coral Gables Practice

Trust Counsel’s only office is in Coral Gables. You can meet with the attorney at that location to review your plan.

• One file, related issues. The practice also handles probate litigation, trust litigation, trust administration, estate tax planning, business succession, asset protection, and guardianship. One planning file can cover connected issues.
• Clear roles. Support staff keep documents organized and track deadlines. The responsible attorney provides the legal analysis and advice.
• Fiduciary roles. Trust Counsel’s attorneys can serve individually as trustee or personal representative; the firm advises and represents trustees, personal representatives and beneficiaries.

Frequently Asked Questions About Estate Planning in Coral Gables

Talk With a Coral Gables Estate Planning Attorney

If you are deciding who will manage your home, your children’s inheritance, or your medical choices if you cannot speak for yourself, you don’t have to sort it out alone. Call (305) 707-7126 or schedule online to talk with the Coral Gables office about your situation.