Miami Estate Planning Lawyers

If you are an adult child watching a parent grow older in Miami, you already know the quiet worry that comes with it. Who signs the paperwork if Mom can no longer manage her accounts? What happens to Dad’s homestead in Coral Gables? How do you avoid a long, public probate that drains the very savings your parents worked for? Our Miami estate planning lawyers build plans through one practical lens: helping the next generation protect and care for the one before it, under Florida law.

Why Aging-Parent Planning Is Different

Planning for an aging parent is not the same as a young couple writing a first will. Often the parent is the one who needs the documents, but the adult child is the one organizing, asking questions, and serving as agent or trustee. That creates legal and family dynamics that require care: capacity must be confirmed, undue-influence concerns must be avoided, and siblings need clear roles. We meet with your parent directly, confirm their wishes, and document everything so the plan holds up if it is ever challenged.

Core Documents Under Florida Law

Most families we help need a coordinated set of documents rather than a single form:

• Last Will and Testament executed under Florida Statutes §732.502, with two witnesses and a notary for a self-proving affidavit.
• Revocable living trust under Florida’s Trust Code, Chapter 736, to keep assets out of probate and let a successor trustee step in if a parent becomes incapacitated.
• Durable power of attorney under Chapter 709, so an adult child can manage finances if a parent cannot.
• Designation of health care surrogate and living will under Chapter 765, for medical decisions.
• Lady Bird (enhanced life estate) deed to pass a Florida homestead at death without probate while preserving the parent’s control during life.

Protecting the Florida Homestead

For many Miami families the home is the largest asset. Florida’s homestead protections in Article X, Section 4 of the state constitution shield the residence from most creditors, but they also restrict how a homestead can be devised when there is a surviving spouse or minor children. We help structure transfers so your parent’s home passes the way they intend without unintended consequences.

Avoiding and Navigating Probate

When a parent passes, the estate may move through Florida’s probate process under Chapters 731 through 735. Smaller or older estates may qualify for summary administration, while larger ones require formal administration with a personal representative. Good planning often reduces what must be probated at all. If probate is unavoidable, we guide adult children through it step by step.

Serving Miami and Miami-Dade County

We work with families across Miami, Coral Gables, Kendall, Doral, Aventura, and throughout Miami-Dade County, often coordinating with parents who split time between Florida and another state.

Talk With a Florida Estate Planning Attorney

Every family’s situation is different, and Florida law changes. This page is general information, not legal advice. Please consult a licensed Florida estate planning attorney before acting so your plan fits your parent’s specific circumstances.