Protect Those You Love
Will and Estate Planning
Now is the right time to start planning for your future and the future of those you love. Florida law provides various legal tools to protect yourself and your family upon disability or death. At the Law Office of Erick Cruz we will help you consider, plan and draft your Florida will and other estate planning documents. Florida attorney Erick Cruz understands the importance of these documents and will advise you on your options. The Law Office of Erick Cruz offers simple flat fee arrangements for drafting your estate plan with quick turnaround periods. Providing virtual video services throughout the entire state of Florida, Erick Cruz will assist you in drafting your will and estate planning documents to ensure that your final wishes are made clear.
Florida Will and Estate Planning
Attorney Erick Cruz
Erick Cruz was born and raised in Miami, Florida. He attended the University of Miami and Stetson College of law in St. Petersburg where he obtained his law degree with honors. In 2007, after graduating from law school, Erick became an assistant state attorney for the 11th Judicial Circuit where he prosecuted individuals charged with property, violent and narcotics offenses. Erick was promoted to serve as a prosecutor in the economic crimes’ division identifying, investigating and prosecuting complex white-collar frauds.
After leaving the State Attorney’s Office and starting a family, Erick recognized the importance of having an estate plan in order to care for and protect his loved ones. Erick started the Law Office of Erick Cruz in 2011 and has experience in counseling, planning and drafting wills and other important estate planning documents. Erick is married to Miami-Dade Circuit Court Judge Laura Shearon Cruz and they have two young daughters.
Your Estate Plan Documents
At the Law Office of Erick Cruz we will prepare and draft your estate plan documents to ensure that your wishes and desires are respected. Your estate plan will include:
• Last Will and Testament – A last will and testament in Florida is one of the most widely known estate planning documents. The will is a legal document which sets out how your assets will be disposed of after your death. A Florida will gives the testator (the person who writes the will) the chance to make sure they take care of their spouse, children, other loved ones, and pets. In addition to transferring properties after death, your estate planning attorney will be able to add items such as the burial wishes and any unique instructions that you may like. There are no restrictions on the directions someone can write in their will in Florida. A person can give his assets and properties to whomever he/she wants and the way he/she wants after his death.
• Durable Power of Attorney – A typical power of attorney gives the agent very broad powers to perform any number of specified legal act on behalf of the principal. Under Florida law, however, a power of attorney end with the incapacity of a principal. A durable power of attorney, on the other hand, remains effective even if a person becomes incapacitated. Accordingly, in the event the principal becomes incapacitated, the power of attorney could continue to grant the agent the ability to handle the principal’s business and legal affairs.
• Healthcare Surrogate Designation – A document naming another person as your representative to make medical decisions for you if you are unable to make them yourself and to receive health information on your behalf. You can include instructions about any treatment you want or do not want. Similarly, the agent can provide informed consent, refuse treatment or withdraw informed consent.
• Living Will/Advance Directives – A document concerning medical care and expressing your wishes and desires that life-prolonging procedures be withdrawn or withheld when they would be used to artificially prolong the natural process of dying. The document is called a living will because it takes effect while you are still living.
• Durable Power of Attorney – A typical power of attorney gives the agent very broad powers to perform any number of specified legal act on behalf of the principal. Under Florida law, however, a power of attorney end with the incapacity of a principal. A durable power of attorney, on the other hand, remains effective even if a person becomes incapacitated. Accordingly, in the event the principal becomes incapacitated, the power of attorney could continue to grant the agent the ability to handle the principal’s business and legal affairs.
• Healthcare Surrogate Designation – A document naming another person as your representative to make medical decisions for you if you are unable to make them yourself and to receive health information on your behalf. You can include instructions about any treatment you want or do not want. Similarly, the agent can provide informed consent, refuse treatment or withdraw informed consent.
• Living Will/Advance Directives – A document concerning medical care and expressing your wishes and desires that life-prolonging procedures be withdrawn or withheld when they would be used to artificially prolong the natural process of dying. The document is called a living will because it takes effect while you are still living.
Serving all of Florida using virtual technology
The COVID-19 epidemic ushered an expedited and welcome switch to the use of video teleconferencing capabilities. At the Law Office of Erick Cruz, we are taking advantage of the expanded use of video teleconferencing to meet with our clients throughout the state of Florida. Erick will virtually meet with you to explain the estate process and discuss your specific wishes and desires and how to effectively incorporate them into your estate plan.
Additionally, Florida law has approved the use of video teleconferencing to execute the will and estate planning documents. Accordingly, you will be able to complete your entire estate plan from the comfort and safety or your home or office.
Additionally, Florida law has approved the use of video teleconferencing to execute the will and estate planning documents. Accordingly, you will be able to complete your entire estate plan from the comfort and safety or your home or office.
Probate Process
A will is administered by a legal process known as “probate.” Probate is a court-supervised process for identifying and gathering the assets of a deceased person (decedent), paying debts, and distributing the assets to his or her beneficiaries.
There are two types of probate administration under Florida law: formal administration and summary administration. There is also a non-court supervised administration proceeding called “Disposition of Personal Property Without Administration.” Probate administration only applies to probate assets. Probate assets are those assets that the decedent owned in his or her sole name at death, or that were owned by the decedent and one or more co-owners and lacked a provision for automatic succession of ownership at death.
Probate is necessary to pass ownership of the decedent’s probate assets to the beneficiaries. Probate is also necessary to complete the decedent’s financial affairs after his or her death.
The following are the requirements for a Valid Will in Florida:
- For a Will to be valid, it has to be in writing.
- The Will must be signed by the testator (person making the will)
- The signature of the testator should be at the end of the will.
- The testator's signatures are to be done in the presence of two witnesses
- Witnesses signatures to be done in the presence of the testator.
Custom Tailored Wills and Estate Documents
Some people may be tempted to turn to online generic templates for wills and estate planning documents, but using them can be a major mistake. A last will and testament may be challenged in Florida for several reasons including execution defects, forgery, fraud, mistake, lack of testamentary capacity or intent, revocation, and undue influence. An improperly drafted or executed will can be time consuming, increase probate fees, and the cost of the estate. Additionally, it could lead to your will being invalidated and your assets disposed of against your desires. Since every estate planning scenario is different, there is no one size fits all tool. Erick Cruz personally meets with all of his clients and discusses their particular circumstances in order to draft a custom tailored will and estate documents for their personal wishes and needs.
We are here for you
If an individual dies without a Will in Florida, it is known as ‘intestate’. A valid Will in Florida ensures your family receives your assets as you desire. If you don’t have a will, Florida law will decide who’s getting your assets.
Get in touch with our Florida Attorneys for
drafting a Last Will and Testament
If you would like to have power over the distribution of your assets, it is crucial that you have a valid will in Florida irrespective of the size of your estate. As a law firm providing experienced Estate Planning and Last Will and Testament services across Florida, we are committed to safeguarding each and every client’s legal rights while always striving to deliver the highest standard of legal representation.
We are here for you
Although located in Coral Gables, Florida, we are able to provide wills and estate planning services for our clients throughout the entire state of Florida. Contact us if you want to have power over the distribution of your assets. As a law firm providing experienced estate planning and last will and testament services across Florida, we are committed to safeguarding each and every client’s legal rights while always striving to deliver the highest standard of legal representation.
1108 Ponce de Leon Blvd
Coral Gables, FL 33134
Phone : (877) 359-4557
Email : Office@ErickCruzLaw.com
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Schedule a Consultation.
Schedule a Consultation.