Estate planning can be a daunting exercise for some people in Florida. However, starting out with a good understanding of what options are available and how they differ can go a long way toward simplifying the process. When the choice to create a will versus a trust is made, the next step is to learn about the different types of wills available. According to the Florida Bar, a will is defined as a directive that Read More
WHAT CAN A HEALTH CARE PROXY DO IN FLORIDA?
According to Florida law, you may appoint someone to make health care decisions for you in the event that you become incapacitated. The law states that if you have not completed an advanced directive to designate such a person, or if you are developmentally disabled, then one of the following may be judicially appointed to be your health care proxy: Your adult child Your spouse Your Read More
THE BAKER ACT AND DECLARING INCAPACITY
Estate planning involves more than just deciding who gets what after you die. It is about planning for the unexpected, whether that means death, a sudden accident that leaves you with permanent brain damage, the onset of a mental illness, or a developing addiction to alcohol and/or drugs. Our attorneys at Luis E. Barreto & Associates, P.A. are often asked by family members how incapacity is declared so that the Read More
CHOOSING AN EXECUTOR FOR YOUR WILL IN FLORIDA
As you are working on your estate planning, you will have to make a decision regarding who will be the executor of your will. At Luis E. Barreto & Associates, P.A., we know how serious the responsibility is. Our goal is to help ensure you make the right decision so the transfer or distribution of your assets runs smoothly. The executor of a will is in charge of a number of tasks, including the Read More
WHEN CAN YOU CONTEST A WILL?
The death of a loved one is hard enough without estate planning disputes adding to the emotional upheaval. Unfortunately, if you feel like you were slighted in your family member’s will, you are not alone. Many Miami residents have discovered, after their loved one’s death, that they did not receive what they had hoped or that they were left out of the will completely. Being unhappy with the contents of a will does Read More
PLANNING FOR YOUR PET’S CARE AFTER YOUR DEATH
A vital part of your estate planning is to designate your assets and property, such as inheritance money and your home, to your heirs. If you have pets, you might not realize that you will need to provide for their needs after your death as well. At the Miami law firm of Luis E. Barreto & Associates, P.A., we regularly include instructions for the care of pets in the wills and trusts of our clients, and we Read More
WRITING A FLORIDA WILL CAN HELP YOUR CHILD AVOID ISSUES
Residents of Miami, Florida, might be aware that approximately 70 percent of Americans do not have a valid will. People have different reasons for not writing a will. While some people think that they do not have a significant amount of assets to include in a will, others avoid writing a will because they think that it may be costly. However, neither is necessarily true. Writing a will with the help of a lawyer Read More
EXECUTING A WILL ACCORDING TO FLORIDA LAW
For Florida residents one of the main purposes of estate planning is to preserve their hard-earned assets for posterity. A will is a legally recognized way of communicating to the world the last wishes and desires of a resident for his or her assets and properties after death. It may also be a way for many Florida residents to financially secure the future of their dependents after death. To be valid in Florida a Read More
THE BENEFITS AND BASICS OF A LIVING WILL
Life can be unexpected at times. Although everything may seem in place and secure, there are unfortunately instances that can severely and negatively impact a person's life, such as a tragic accident or sudden illness. In situations such as these, people may still want to have their wishes fulfilled even though they may not directly be able to communicate them at the time. One way to help ensure this happens is Read More
CHANGING A WILL
Florida law states that a will can be used to determine how a person's property should be divided after their death. People often write a will long before they expect to need it. This is done as a precaution to make sure that their property is taken care of in case of an emergency. However, as time passes, circumstances change, and those changes may be reflected in such a will. There are several reasons to change a Read More





