Estate Planning Attorney in Miami, Florida

An estate planning attorney in Miami-Dade County prepares the documents that decide who receives your property, who can act for you if you cannot act for yourself, and how much of that process your family has to take through court. 

At The Estate Plan, our Coral Gables estate planning attorneys draft and administer wills, revocable and irrevocable trusts, durable powers of attorney, and healthcare advance directives. We also handle the probate that follows when someone dies without a plan in place.

Our office is located on Ponce de Leon Boulevard, a short walk from Miracle Mile, and our attorneys regularly appear in the probate division of the Eleventh Judicial Circuit in Miami. Peter A. Dyson, Esq., leads our firm. Call us at 305-735-2689 to talk through what your family needs.

What Does an Estate Planning Lawyer in Coral Gables Handle?

A Coral Gables estate planning attorney drafts and maintains the four document types that carry a Florida plan: wills, trusts, powers of attorney, and advance directives. Each one does a different job, and most families need more than one.

• Florida wills name who inherits the property that passes through probate and who serves as your personal representative.
• Revocable and irrevocable trusts hold title to assets during your lifetime so those assets transfer without a court filing.
• A Florida power of attorney lets someone you name handle money, property, and paperwork if you become unable to.
• Healthcare advance directives record your medical wishes and name the person who speaks for you.

We start by looking at how your assets are titled today, because titling often decides more than the will does. From there, we recommend the smallest set of documents that will actually do what you want.

The work continues after signing. Funding a trust means retitling accounts and deeds into the trust’s name, and a trust that is never funded leaves the estate right back in probate. We walk clients through that step rather than handing over a binder and wishing them luck.

How Does Florida Law Shape Your Estate Plan?

Florida law sets specific rules for how each document must be signed, witnessed, and worded, and a plan that misses those rules can fail when your family needs it. Four chapters of the Florida Statutes do most of the work.

Wills fall under Chapter 732, which requires two witnesses and a signature at the end of the document. Trusts fall under the Florida Trust Code in Chapter 736. Financial powers of attorney fall under Chapter 709, which will not honor a springing power signed after October 2011, so older forms often need replacing.

Healthcare decisions fall under Chapter 765, covering living wills, healthcare surrogate designations, and anatomical gifts. Florida also protects a homestead differently from other property, which changes how a Coral Gables house can be left to children.

We draft to these chapters rather than to a national template, and we revisit older documents when the statutes change.

Why Coral Gables Families Work With The Estate Plan

Our Miami estate planning attorneys are an estate planning and probate firm, and that is the whole of what we do. Our attorneys see the same Miami-Dade judges, the same clerk requirements, and the same title issues week after week, which shortens the distance between a question and a clear answer.

• We plan and administer, so the attorney drafting your trust understands what will happen when it is funded and distributed.
• We work in Coral Gables, not from a distance, and we know how local property, condominium, and homestead questions play out here.
• We explain the reason behind each document in plain language before you sign anything.
• We keep plans current, because a document written 15 years ago may no longer match your family or the statute.

Estate planning touches money, health, and family relationships at the same time, and those conversations deserve patience. We are here to listen first and draft second. To start, call 305-735-2689 during our office hours, Monday through Friday, 9:00 a.m. to 5:30 p.m.

Building a Plan That Fits Your Family

No two plans look alike, because no two families hold their assets the same way. The starting point is a short inventory of what you own and how each item is titled.

If you own a home in Coral Gables

Florida homestead rules limit how you can leave a primary residence when you have a spouse or minor children. Getting the deed and the plan to agree with each other prevents a fight later.

If you have young children

A will is where you name a guardian, and a trust is where you control when a child receives money, rather than handing over a lump sum at 18. Parents often care more about the timing than the amount.

If you own a business or rental property

Operating agreements, buy-sell provisions, and rental titling all interact with the plan. We coordinate those documents so ownership moves cleanly.

If you are caring for an aging parent

Powers of attorney and healthcare surrogate designations need to be signed while the parent still has capacity. Once capacity is gone, the alternative is a court guardianship, which takes longer and costs more.

Whatever your situation looks like, the goal is the same: a plan your family can actually use on the worst day of their lives.

What Happens If You Die Without a Plan in Florida?

If you die without a will, Florida’s intestate succession rules under Section 732.103 decide who inherits, and the estate goes through probate in the county where you lived. The law’s answer and your answer are often different.

Intestate succession follows a fixed order: spouse, then children, then parents, then siblings. It does not account for a stepchild you raised, a partner you never married, or a sibling you intended to leave out.

Without a named personal representative, the court also decides who administers the estate, and relatives sometimes compete for that role. A short will naming the person you trust avoids that argument entirely.

The estate also spends months in court before anyone receives anything. When a loved one has already died, and you are the one holding the paperwork, our Coral Gables probate attorney team can take that filing off your hands.

FAQs Answered by Our Estate Planning Attorney in Coral Gables

These are the questions families ask us most often when they first call our office.

How often should I update my estate plan?

A good rule is every three to five years, and sooner after a marriage, divorce, birth, death, move to Florida, or a large change in assets. Moving to Florida matters in particular because a will drafted in another state may not be self-proving here.

Do I need a trust, or is a will enough?

It depends on what you own and how it is titled. A will alone still sends property through probate, while a funded revocable trust can pass the same property without a court filing, so the answer turns on whether avoiding probate is worth the extra setup for your family.

Can I write my own will in Florida?

Florida recognizes a will you write yourself as long as it is signed at the end and witnessed by two people who sign in your presence and in each other’s presence. Handwritten wills that skip those formalities fail regularly, and the family only finds out after the death.

What is the difference between a living will and a healthcare surrogate?

A living will records your own instructions about life-prolonging treatment. A healthcare surrogate designation names a person to make medical decisions for you, including decisions your living will does not address.

Does my spouse automatically inherit everything?

Not always. If you have children from a prior relationship, Florida law splits the intestate estate between the surviving spouse and those children, which surprises many blended families.

What happens to my digital accounts and passwords?

Florida has adopted a fiduciary access law that lets you grant your personal representative or agent authority over digital assets, but only if the documents say so. We include that language and recommend keeping a separate inventory of accounts.

How long does it take to put a plan in place?

Most straightforward plans move from the first meeting to signing within a few weeks, depending on how quickly we can confirm asset titling. Plans involving business interests or out-of-state property take longer.

Talk With a Coral Gables Estate Planning Attorney

Putting a plan in writing is one of the few things you can do now that will make a genuinely hard week easier for the people you love. You do not need to have every answer before you call. Bringing a rough list of what you own and who you trust is enough to start.

The Estate Plan works with families across Coral Gables and Miami-Dade County on wills, trusts, powers of attorney, advance directives, and probate. Call us at 305-735-2689 or reach out through our contact page to schedule a consultation at our Ponce de Leon Boulevard office.