How Assets Are Actually Passed To Your Beneficiaries

Upon creating a will (or a trust), you may turn to your friends and family about what you should do next. A basic internet search will provide countless sites listing several actionable steps. You may need to develop a list of the assets you own, identify beneficiaries, and consider a potential guardian for your children. This doesn’t consider your medical and durable powers of attorney, which are fundamental for Read More

Don’t Give Up Ownership Of Your Assets

Before you commit to making an estate plan, you may need clarification about what it is and achieves. Although it is entirely understandable to assume this, some envision it as a single document that gets signed when you meet with your attorney. Additionally, people falsely believe that people pursue an estate plan because they only want to protect their assets.    Anyone who has begun estate planning Read More

Keep Your Home While Getting The Care You Need

There’s a general misunderstanding surrounding the difference between estate planning and elder law. It is essential to define the two because this blog centers around a common elder law concern of keeping your house while also paying the high costs associated with long-term care. In a straightforward way, estate planning answers the question of what happens to you and your assets if you are incapacitated or pass Read More

What is the Difference Between a Will and a Trust?

The major function performed by a will and a trust is similar. Wills and trusts form the estate planning that makes sure that the concerned trusted parties will distribute your assets according to your wish. This is applicable only upon your death. Wills and trusts ensure that your assets do not get squandered. They also protect your assets from fraud and other crimes. For estate planning in Miami, Get a lawyer for Read More

The Unique Value Of A Special Needs Trust

Parents who have children with special needs face a series of challenges when it comes to raising a child with special needs. Many schools lack the funding or personnel to deliver the education they need and deserve. Additionally, these parents are committed to working with their child’s disabilities to ensure their kids receive the support they need. This line of thought extends to estate planning too. When you Read More

When Should You Begin Estate Planning?

The best way to protect your family and ensure that everything you own is properly taken care of should something happen to you is through estate planning. Now, it can be hard to know when the right time to begin this process is - do you wait until later in life or tackle it in your 20s? Deciding when to begin estate planning can have a major impact on your peace of mind and financial stability. So, before you Read More

The Requirements Of A Guardian In Florida

Luis E. Barreto & Associates represent various cases centered around guardianship, and it is important to establish its purpose. A guardian is responsible for protecting the person and their assets, and we need to emphasize how seriously the state of Florida takes them. Although we represent individuals who wish to contest guardianship, others enter into this relationship willingly and voluntarily. These Read More

Living Trusts, Probate, & Florida 

At Luis E. Barreto & Associates, we have extensive experience with probate litigation. If you have read our blog in the past, you will have discovered several ways to find yourself in probate litigation. After which, you may have committed to creating an estate plan that avoids probate. Many people quickly turn to trusts as a means of bypassing probate, and in some cases, that may be the case. However, we want to Read More

Two Things That Indicate You Need A Probate Attorney

There are countless situations when people get the sense they need an attorney but are hesitant to get one. For example, a person may sense their marriage is heading for divorce, but they don’t commit to getting a simple consultation with a lawyer. Why? It may be because they feel that once they do, they initiate a legal battle. Remember that when you meet with an attorney, it is confidential. Secondly, the lawyer Read More

How & Why You Can Remove A Trustee

When someone asks you to serve as the trustee of their estate, you should ensure that you have legal counsel to assist you with this monumental task. Trustees have a fiduciary duty to the trust's beneficiaries, and they have a significant amount of responsibility. Additionally, your attorney has a command of the current laws that govern trusts and will advise you in accordance with them.  Before we explore why Read More