Wills & Trusts
Personalized Support for Your Estate
A will or trust is how your wishes become instructions your family can follow. At Horizon Private Wealth Law, we prepare wills and trusts for families, business owners and international clients in Coral Gables, Miami and beyond. When the time comes, we also guide families through settling an estate with compassion and care.
Our focus is to take care of the legal details so your family can focus on caring for each other.
Wills vs. Trusts: Which Do You Need?
Most families benefit from both, working together as part of your overall estate plan.
A will
States who receives your property, names an executor to carry out your wishes, and can name guardians for minor children. A will generally passes through probate, the court-supervised process of settling an estate, which is public and can take time.
A trust
Holds assets for your beneficiaries under rules you set. A properly funded trust can help your family avoid probate, keep your affairs private, and manage assets over time, for young beneficiaries or across generations.
Types of Trusts We Prepare
- Revocable living trusts you control during your lifetime and can change as life changes.
- Irrevocable trusts for wealth transfer, asset protection and tax planning.
- Trusts for minor or young beneficiaries, managed responsibly until they’re ready.
- Foreign Grantor Trusts for international families with U.S. heirs (below).
Making Your Trust Work
Signing a trust document is only step one. A trust generally can’t manage, protect or transfer assets that were never moved into it. We help you fund your trust by retitling real estate, accounts and business interests, so it works the way it was designed.
Foreign Grantor Trusts
A Foreign Grantor Trust (FGT) is a planning structure often used when the person creating the wealth, often a parent, is not a U.S. person but has children or grandchildren in the United States.
How an FGT can help
- Keep favorable U.S. income tax treatment while the grantor is living, because the trust’s income is generally attributed to the foreign grantor.
- Treat lifetime distributions to U.S. beneficiaries as gifts rather than taxable income (they still have to be reported).
- Reduce or avoid U.S. estate tax exposure, especially when U.S. assets are held through foreign entities.
Who it’s for
Foreign nationals who own U.S. real estate or businesses, global families with assets in several countries, and individuals planning to transfer wealth to U.S. children or grandchildren. An FGT can also be part of planning before becoming a U.S. resident.
How it differs from a U.S. trust
An FGT is treated differently for U.S. tax and reporting purposes. When the grantor passes away, it typically stops being a grantor trust. Planning for that moment in advance helps protect your beneficiaries. Compare FGTs and U.S. trusts.
FGTs require careful drafting and ongoing tax reporting and compliance. We coordinate with your advisors in the U.S. and abroad so the structure works in every country involved. What is a Foreign Grantor Trust?
Settling an Estate After a Loss
When a loved one passes away, we guide families through the legal process step by step:
- Validating the will
- Identifying and collecting assets
- Settling debts and taxes
- Preparing and filing legal documents
- Distributing assets to beneficiaries
- Protecting your beneficiaries’ privacy
Frequently Asked Questions
Do I need a trust if I already have a will?
Often, yes. A will alone usually goes through probate, while a funded trust can help your family avoid it and keep matters private. The right mix depends on your assets and goals.
What does it mean to fund a trust?
It means moving assets, such as real estate, accounts or business interests, into the trust’s name. Without funding, a trust may not be able to do what it was designed to do.
When does a trust become active?
It depends on the type. A revocable living trust works during your lifetime once it’s funded, while other trusts take effect at a specific event, such as death or incapacity. Read more.
Is a Foreign Grantor Trust right for my family?
It may be if you’re not a U.S. person and have U.S. children, grandchildren or assets. Because FGTs involve U.S. and foreign tax rules, they need careful, individual planning.
Can my will or trust be in Spanish?
Yes. We can coordinate a certified Spanish translation, so you fully understand every document you sign.
Plan for Your Family’s Future
One of our attorneys will review your goals and recommend the right plan, whether your assets and loved ones are in Florida or around the world.
