People delay estate planning. It's not that people don't think it's important; it's just not a priority. You can always do it when the house is paid off, when the kids are grown, or when you retire. But then a parent has a stroke, or your spouse dies intestate, and the plan you said you'd make "later" hasn't been made. That happens more than you might think.
A Pew Research Center survey published in November 2025 found that only 32 percent of U.S. adults have a will. Just one in three. Most of the rest leave the fate of their estate to Florida's default rules, unless a trust or a beneficiary designation happens to cover it. Those statutes, not a judge's discretion, decide who gets your money, and the court appoints a personal representative following the order of preference Florida law sets out, beginning with your surviving spouse, and separate court proceedings can determine who raises your minor children.
In a city as international as Miami, that gamble is riskier than most think.
Suarez Law is a boutique law firm in Miami focused on estate planning and probate, along with elder law. It was founded by Rodolfo Suarez, Jr., Esq. in 2005. Below: what an estate plan includes, why estate planning in Miami presents unique challenges, and how to choose an estate planning lawyer in Miami before a crisis makes the decision for you.
What an Estate Plan Actually Covers
An estate plan includes more than a last will and testament. A will handles the major issues, who inherits the assets that pass through probate and who you will nominate as guardian of your minor children. Property in a trust, or with a named beneficiary, or held jointly, passes outside the will. But a will is not effective until you die. Two additional documents take effect while you are alive. A durable power of attorney designates an agent to manage your financial affairs and other legal matters. In Florida it has to be signed in front of two witnesses and a notary, and once it is executed that way it is effective straight away. The word durable means it survives your later incapacity rather than springing into life at that point. A health care surrogate designation names someone to make health care decisions on your behalf if you cannot communicate your wishes.
You may also wish to establish a revocable living trust, under which a trustee holds property on your behalf during your lifetime, and upon your death, directs the trustee to distribute the property to your designated beneficiaries, avoiding probate.
If you don't make these arrangements, state laws will apply. The state of Florida has default rules for all of it: the inheritance, the guardianship, the medical decisions. These may be fine for some families, but not others. Florida's intestacy statutes do address situations like blended families, but they apply a fixed formula, and that formula may split an estate in a way you would never have chosen. Estranged siblings and unmarried partners are where the gap between the statute and the intent tends to be widest.
Why Miami Families Face Unique Considerations
Estate planning in Miami presents challenges that few out-of-state planners recognize. For example, some Miami residents may own property outside Florida or abroad, or have close family members who live abroad. Others may own a closely held business, which may need to have a business succession plan created. Still others split the year between South Florida and somewhere else entirely. All of them need to consider how to handle property ownership and maintain ties with people across state and even international boundaries. If these issues aren't addressed, they can cause serious complications when it comes time to distribute assets.
An experienced Miami-Dade County estate planning attorney will understand how Florida law applies to each unique situation, and will know how to take steps to protect your assets and arrange the logistics of transferring assets and making decisions when beneficiaries or decision makers live out of state or overseas. While general estate planning experience is helpful, local experience dealing with these issues sets apart a Miami law firm from a generic law practice.
How an Estate Plan Can Keep Assets Out of Probate
Probate refers to the legal procedure through which a decedent’s estate is closed out, debts and claims are paid, and the remaining assets are distributed to the people entitled to them. Probate administration in Florida can be straightforward, or it can drag on for months or years, depending on the size of the estate and whether it is contested. Costs for attorneys and court fees can quickly add up. Plus, probate is a matter of public record, something many people prefer to keep private.
A common way to avoid probate is setting up a revocable trust. Generally, any property held within a properly established trust will transfer to beneficiaries outside the court system, which usually means less delay, lower cost, and greater privacy. While not all estates will need a trust, if you have a real estate portfolio, own a business, or have a blended family, a consultation with a probate lawyer could help you decide whether a revocable trust, and the trust administration that comes with it, is right for your situation.
The Florida probate process isn't one-size-fits-all, either. Depending on the size and composition of the estate, among other things, some small estates may qualify for a streamlined process known as summary administration. More substantial or complicated estates usually require formal administration, though an estate can still qualify for the summary route if the death was more than two years ago. The route an estate follows often hinges on nuances a lawyer can assess rapidly and a grieving family cannot.
When Probate and Trust Litigation Becomes Necessary
Even the best estate plan can be contested. Probate litigation occurs when a will's validity is challenged or when a conflict breaks out over how an estate is being administered. The parallel fight on the trust side, where a beneficiary suspects the trustee is failing to meet his or her fiduciary duties, runs as a trust proceeding rather than a probate one. Fighting probate issues like these can be difficult for a bereaved family. Disputes of this type can be as personal as any family law matter and tend to proceed slowly. These cases often cost more and last longer than most clients anticipate.
It is wise to engage a firm that can help you draft your estate plan, but which can also step in if probate litigation becomes necessary. A lawyer who is skilled at litigating probate matters also understands how to draft estate planning documents in such a way as to reduce the risk of those documents being challenged, and, therefore, the risk of having to go to court.
Elder Law, Guardianship, and Long-Term Planning
Estate planning is strongly connected with elder law, and elder law attorneys deal with aging, incapacity, and caregiving questions every day, particularly when a family is considering long-term care planning, guardianship, or asset protection as parents age. Who will act as the decision-maker for a parent's finances? How do you keep the courts out of it if a parent becomes incapacitated and can no longer manage his or her own affairs? Addressing these issues early, while everyone involved can still weigh in, is generally far easier than sorting them out mid-crisis.
For families with children or adults who have disabilities, there are many more issues to consider. Direct gifts of cash to a disabled person can endanger that person's eligibility for means-tested public benefits. This is why special needs trusts exist, and why this corner of family estate planning calls for an experienced estate planning attorney rather than a do-it-yourself kit.
Is the Estate Tax Still a Concern?
Good news: there's no Florida estate tax. There is also no state inheritance tax. The federal estate tax exists, but only for estates above a very high threshold. It's so high that few people actually end up paying it, and it's adjusted periodically by legislation and inflation. Any number you see in an old article is likely already out of date, so ask your attorney or CPA what applies in the actual year of your planning. For most Miami families, estate taxes are much less important than probate expenses, family conflict, and an estate with no clear person in charge at incapacity or death.
Choosing an Estate Planning Attorney in Miami
Focus first. The usual lists of attorneys in Miami such as Martindale-Hubbell and Super Lawyers include a great many names. This is a place to begin, but don't stop here. You won't find out which firms focus on trusts and estates, and which just happen to have one or two lawyers with some knowledge of that subject. Trust and estate law is a field of its own. Florida law contains specific rules for how certain documents must be executed, including your last will and testament. If you fail to follow the rules, your document can be contested, or even thrown out completely. What's the point in writing a document if it can be thrown out? An experienced law firm that practices in wills, Florida trusts, and probate cases daily is a different proposition from a general practice firm that writes a few wills between real estate closings.
Second, focus on the attorney. Rodolfo Suarez, Jr. graduated from the University of Miami School of Law and has been a member of the Florida Bar since 1994. His previous practice at Rodolfo Suarez, Jr., P.A. was focused on personal injury law; he switched to elder law, probate and trust work in 2005. He is a member of the Elder Law Section of the Florida Bar. Whatever firm you choose, a conversation with an experienced attorney about your situation, their experience in probate law, and their fees is essential.
Third, consider language. Suarez Law is bilingual and offers legal services in English and Spanish. Rodolfo Suarez can take the conversation in either language. This is relevant when the person you want as your surrogate, trustee, or agent prefers Spanish to English (or vice versa).
It bears remembering there is no single best Miami estate planning template. The best legal structure for your family depends on your individual situation, not some template you found online.
Getting Started with Trusts and Estates Counsel at Suarez Law
Suarez Law, Attorneys at Law is a Miami estate planning law firm. Their law office is located on South Dadeland Boulevard in Miami-Dade County. Regardless of where you live in South Florida, be it in Coral Gables, Aventura, Miami Lakes, or further north in Fort Lauderdale, the same Florida law governs your estate, and the same questions need to be answered.
The firm's practice areas include estate planning, probate and estate administration, guardianship, special needs planning, and legal services to trial attorneys.
Your simple will, actually signed and witnessed, is better than your complex living trust you planned to get to. This is what peace of mind looks like in practice: documents that exist, and are in force, when they're supposed to be. If yours is still in the someday file, get in touch with Suarez Law to discuss what your situation needs.