Home / Practice Areas / Estate Planning & Probate
Wills, trusts, probate, and the fights that follow.
We draft the plan, administer the estate, and litigate it when something has gone wrong: a will that does not look right, a trustee who will not account, an administration that has stalled.
Planning and administration, plus contested matters.
Most estate work is planning and administration, and that is the bulk of what we do. But when a will looks wrong, a trustee stops answering, or an administration stalls, that is a different kind of case, and we handle those too.
Wills, trusts & incapacity planning
Simple and pour-over wills, revocable and irrevocable trusts, durable powers of attorney, health care surrogate designations and living wills, homestead and beneficiary planning, and formal or summary administration of an estate through Miami-Dade probate court. Most planning work can be quoted as a flat fee once we know what is involved. Ask us at the consultation.
Probate & trust litigation
Will and trust contests on grounds of undue influence, lack of capacity or improper execution; breach of fiduciary duty by a personal representative or trustee; petitions to compel an accounting or remove a fiduciary; contested homestead and elective-share claims; and creditor disputes in administration. These are the matters families bring when planning has already failed.
Also handled
Guardianship
Petitions for incapacity and guardianship, and contested guardianship proceedings.
Trust administration
Successor trustee guidance, funding, accountings and distribution.
Ancillary probate
Florida property owned by a decedent who lived and died elsewhere.
Not sure whether you need a plan, an administration, or a lawyer to challenge one? Tell us what has happened and we will tell you which it is.
Two paths, depending on why you called
Planning consultation
We map your assets, your family and what you want to happen, and quote the work up front.
Drafting & execution
Documents prepared, signed with proper formalities, and assets titled to match.
Administration
When the time comes, we open the estate and carry it through to distribution.
Litigation if contested
If a will, a trustee or an administration is challenged, we litigate it.
Questions we get asked
Do I need a trust, or is a will enough?
It depends on what you own, whether you have property in more than one state, and how much you care about avoiding probate and keeping the arrangement private. Plenty of Miami families are well served by a will, homestead planning and correct beneficiary designations. We will tell you if a trust is not worth the cost in your situation.
How long does probate take in Miami-Dade?
Formal administration of an uncomplicated estate commonly runs several months to about a year. Summary administration, where it is available, is considerably faster. Creditor claims and any contest extend the timeline substantially.
I think my parent’s will was changed under pressure. Can it be challenged?
Yes. Florida recognizes challenges for undue influence, lack of testamentary capacity and improper execution, and a sudden change late in life that benefits a caregiver or one child is a recognized pattern. The deadline to object after being served with notice of administration is short, so act quickly.
The trustee won’t tell me anything. Do I have a right to information?
Generally yes. Qualified beneficiaries are entitled to accountings and information about trust administration under the Florida Trust Code, and a trustee who refuses can be compelled to account and, in the right case, removed.
What does an estate plan cost?
For most planning work we can quote a flat fee once we know what is involved, so you are not watching a clock. Contested matters are quoted separately, because the cost depends on the posture of the case. Either way you will know the arrangement before you engage us.
Who handles estate matters
Marta Hernandez
Laura Hernandez
Tell us what happened. We’ll tell you where you stand.
A real person reads every message. Consultations are free and confidential, in English or Spanish.
Call
(305) 547-1234
Hours
Mon–Fri 9am–6pm · Sat 9am–1pm
Office
6700 SW 38th St, Miami, FL 33155
Languages
English · Español
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