Serving Clients in Broward County & Miami County, Florida
Attorney Jonathan Steszewski brings over 12 years of experience in providing comprehensive estate planning and probate services. With a dedicated team of legal staff, our office works diligently to make sure no detail is overlooked in safeguarding your assets and seeing that your wishes are carried out effectively.
Steszewski Law routinely serves people in Hialeah, Doral, Kendall, Pembroke Pines, Miramar, West Miami, Miami, and the surrounding areas. We work with both English and Spanish-speaking clients.
Call our estate planning and probate lawyer at the Miami Lakes office at or complete our online form to set up a consultation. Steszewski Law is ready to help.
How Our Estate Planning Services Can Help
Estate planning is a wide-ranging field, with a number of different mechanisms for protecting a client’s assets and wishes.
Here are some of the most popular forms of estate planning:
Writing Your Will
Crafting a legally sound will is crucial in ensuring that your assets are distributed according to your exact wishes. Attorney Steszewski will work closely with you to understand your unique circumstances and preferences and help draft a will that reflects your intentions accurately. Your will is not just a legal document—it is a means of imparting your values, providing for your loved ones, and articulating your legacy.
Medical Power of Attorney
Who will make medical decisions on your behalf if you are unable to do so yourself? Our office can assist you in empowering a trusted person to act as your healthcare proxy and make important medical choices. This critical document can provide clarity and peace of mind for you and your family by allowing your healthcare preferences to be respected, even in challenging circumstances.
Financial Power of Attorney
Managing financial affairs can become challenging in the face of situations that include illness or mental incapacity. By appointing someone to handle your financial matters at these times, you can have peace of mind. Our firm can guide you through the process of appointing a financial power of attorney to manage your finances as per your instructions.
Establishing Guardianship
The well-being of minor children or incapacitated family members is a top priority for many people. Attorney Steszewski and our team can help you arrange for guardianship, providing a formal structure to ensure the care and protection of those who may not be able to advocate for themselves.
We understand the emotional and legal complexities involved in establishing guardianship. Our compassionate approach aims to provide comfort and reassurance to families, knowing that their loved ones’ best interests are protected through formal, legally recognized guardianship arrangements.
Setting up a Trust
Trusts offer a powerful method of protecting assets, minimizing tax liabilities, and providing for specific beneficiaries according to your precise instructions. Whether it’s for charitable purposes, supporting loved ones, or managing assets for future generations, our estate planning lawyer in Miami Lakes can assist you in creating a trust tailored to your unique needs and aspirations.
The Benefits of Having a Trust
When considering estate planning options, the establishment of a trust offers a myriad of compelling benefits that can significantly impact the protection and management of your assets.
Here are just a few key advantages of having a trust in place:
- Privacy: Unlike wills, which become public record during the probate process, the terms and details of the trust remain private, shielding your estate’s affairs from public scrutiny.
- Minimizing estate taxes: Strategic trust planning can contribute to preserving more of your assets for your intended beneficiaries.
- Smooth asset distribution: A well-structured trust allows for greater control over the timing and manner in which assets are distributed, ensuring that your loved ones receive their inheritances according to your wishes, and potentially protecting assets from creditors and other claims.
- Avoiding probate: By placing assets within a trust, you can potentially bypass the probate process, allowing for a more efficient distribution of your assets.
Probate in Miami-Dade County
The probate process in Miami-Dade County can be complex, involving the court-supervised distribution of a deceased person’s assets. Attorney Steszewski provides guidance and support.
There are a number of steps involved in probate, but a general overview looks like this:
- Filing the petition: This initiates the probate process. It includes providing proof that the deceased has indeed passed on and may include other financial information. Providing accurate documentation is vital to facilitate the efficient processing of the petition.
- Inventory of assets: This includes identifying and valuing all assets comprising the estate, such as real estate, financial accounts, personal property, and any other holdings. Accurate valuation is critical in determining the estate’s overall value, which then informs subsequent actions.
- Payment of debts and taxes: As part of the probate process, the estate’s outstanding debts and tax liabilities must be addressed. This involves identifying valid creditor claims, addressing outstanding financial obligations, and ensuring compliance with tax requirements.
- Asset distribution: Upon satisfying debt obligations and tax responsibilities, the remaining assets are distributed among the designated beneficiaries in accordance with the decedent’s will or, in the absence of a will, the state of Florida’s intestacy laws.
Even in probate cases where there is an amicable relationship between the heirs and no serious legal disputes, probate still requires strict adherence to legal requirements, effective communication, and exacting attention to detail.
All of this has to be done at a time when people are often grieving the loss of their loved ones. Why not get help from our experienced lawyer and dedicated staff?
If The Decedent Left A Will, Do You Still Have To Go Through Probate In Florida?
In Florida, the probate process is typically required even if the decedent left a will. Probate serves several key purposes: it validates the will, ensures debts and taxes are paid, and facilitates the legal transfer of assets to beneficiaries. The court oversees this process to confirm that the decedent’s wishes, as expressed in their will, are carried out properly and lawfully. However, Florida law does provide some exceptions and simplified procedures.
Are There Ways To Avoid Probate In Florida?
Avoiding probate in Florida can streamline the transfer of assets, saving both time and money for your beneficiaries. One effective strategy is establishing a living trust. By transferring ownership of your assets to a living trust, you can ensure that they are distributed according to your wishes without going through probate. As the trust creator, you retain control over the assets during your lifetime and can specify how they will be managed and distributed upon your death.
Joint ownership with rights of survivorship is another method to bypass probate. When you own property or accounts jointly, the surviving owner automatically inherits the asset, avoiding the probate process. This is commonly used for real estate or bank accounts.
Designating beneficiaries on accounts such as life insurance policies, retirement funds, and payable-on-death bank accounts can also help circumvent probate. These assets transfer directly to the named beneficiaries upon your passing.
While these strategies can be beneficial, it’s crucial to implement them correctly to avoid unintended consequences. Consulting with an estate planning & probate attorney in Miami Lakes at Steszewski Law can provide valuable guidance, ensuring that your estate is structured effectively to meet your goals and protect your loved ones. Proper planning can help ensure a seamless transition of your assets, reducing stress and legal burdens on your family.
Call an Estate Planning and Probate Lawyer at Our Miami Lakes Office
Steszewski Law thrives on the challenge of solving difficult problems for clients, helping them to work out complex matters and bring peace of mind. We’re proud of the strong reviews people have written about our service to them, and we hope for the opportunity to help you next.
Call or contact Steszewski Law online.
Commonly Asked Questions
What are the benefits of creating a living trust with an estate planning lawyer in Miami Lakes?
Creating a living trust with an estate planning lawyer in Miami Lakes offers several benefits, including privacy, as trusts are not public record like wills. It can also minimize estate taxes, allowing you to preserve more assets for your beneficiaries. A living trust provides smooth asset distribution, giving you control over when and how your assets are distributed, and can protect assets from creditors. Additionally, a living trust can help avoid the probate process, enabling a more efficient transfer of assets to your beneficiaries.
How can setting up a trust in Miami-Dade County impact my estate planning?
Setting up a trust in Miami-Dade County can significantly impact your estate planning by offering a private and efficient way to manage and distribute your assets. Trusts can help reduce estate taxes, provide specific instructions for asset distribution, and protect your estate from the public scrutiny of probate. With the help of an experienced estate planning lawyer, you can tailor a trust to your unique needs, ensuring your legacy is preserved and your beneficiaries are taken care of according to your wishes.
Why is it important to have a financial power of attorney as part of my estate plan?
Having a financial power of attorney is a critical component of a comprehensive estate plan. It ensures that someone you trust can manage your financial affairs if you become incapacitated due to illness or mental incapacity. This legal document provides peace of mind, knowing that your finances will be handled according to your instructions, and it can prevent unnecessary stress and confusion for your loved ones during difficult times.
Can Steszewski Law assist with the probate process in Miami-Dade County?
Yes, Steszewski Law is equipped to assist with the probate process in Miami-Dade County. Our experienced legal team can guide you through the complex steps involved, including filing the petition, inventorying assets, paying debts and taxes, and distributing assets to beneficiaries. We provide support and guidance during this challenging time, ensuring that all legal requirements are met with precision and care.