Trust planning built around your family, assets and goals
A trust can be part of a broader estate plan: a way to organize your assets, plan how they may be managed or transferred, and decide what should happen if you pass away or can no longer handle certain affairs yourself.
At Alemay Business, we review your family and asset situation, organize the information, and coordinate the evaluation and preparation process with the appropriate attorney for the structure that may be appropriate for your case. We stay involved from planning through documents, signing and trust funding.
We work with individuals, couples and families in multiple U.S. states, except New York, New Jersey and California, coordinating with an attorney authorized in the applicable jurisdiction. Miami office and virtual service when appropriate, in English and Spanish.
At a glance
- Service
- Trust planning, coordination of the legal document process and trust funding.
- Who it's for
- Individuals, couples and families who want to organize how their assets may be managed and transferred.
- Coverage
- Multiple U.S. states, except New York, New Jersey and California, with legal coordination based on the applicable jurisdiction.
- Getting started
- Schedule a consultation or reach out on WhatsApp.
When it may make sense to look at a trust
These are common situations among the individuals and families who come to review their estate planning in Miami, South Florida and other states.
- You own a home or other real estate
- You have bank or savings accounts
- You own a business
- You have children
- You want to organize who would receive certain assets
- You want to plan for what happens if you become incapacitated
- You want to reduce reliance on the probate process where legally possible
- You own property in more than one state
- You have a blended family
- You have minor beneficiaries
- You want to set specific instructions for your beneficiaries
- You want more organization and continuity across your assets
- You already have a trust, but it needs to be reviewed
- Your assets have changed since your documents were prepared
- You moved to another state
- Your existing documents are outdated
- You have assets that need to be coordinated with one another
Not everyone needs the same type of trust, or the same structure. Good planning starts by understanding the full picture.
A trust is a legal structure, not just a document
A trust involves roles with different responsibilities. Understanding them helps explain why the structure has to be designed around each family, each set of assets and the law that applies.
Settlor / Grantor
The person who creates the trust and transfers certain assets into the structure, under the terms established in the document.
Trustee
The person or entity responsible for managing the trust assets according to the terms of the document and applicable law.
Beneficiaries
The people or entities who may receive benefits from the trust, in the manner and at the times the document establishes.
Depending on the structure and applicable law, the same person may hold more than one role within a trust. How those roles are assigned is part of what gets defined during planning.
The type of trust depends on what you want to accomplish
Alemay Business works with different types and structures of trusts depending on the case. None of these categories is automatically better than another: each one carries different goals, consequences and requirements.
This information is educational and is not a recommendation for your particular situation.
- Revocable Living Trust
- Irrevocable Trust
- Individual trusts
- Joint trusts for married couples when appropriate
- Trusts used within estate planning
- Trusts designed for specific planning goals
- Other structures available depending on the client's needs and the jurisdiction
The structure should be chosen after reviewing your goals, your assets, your family and the law that applies.
Revocable Living Trust: flexibility during your lifetime
Generally speaking, a revocable living trust may allow the person who creates it to keep control under the terms established, and it is often used as part of broader estate planning.
Depending on the case and applicable law, it may help you:
- Organize assets within a single structure
- Establish who would take over management
- Plan for incapacity scenarios
- Support continuity in how assets are managed
- Set instructions for beneficiaries
- Reduce the need for probate on certain assets properly transferred into the trust, subject to applicable law
To be precise: a properly structured and properly funded trust may help certain assets avoid probate, depending on the jurisdiction and on how those assets are titled. That is not an automatic or guaranteed result.
Some situations call for a different structure
There are trusts with different objectives and different legal, financial and tax consequences, including irrevocable trusts. These structures are not appropriate for everyone and are not presented here as a general recommendation.
Review before structuring
When a situation calls for a specialized structure, the appropriate attorney reviews which alternatives fit the case, considering the facts, the jurisdiction and the client's goals.
What cannot be promised
No structure should be presented as absolute protection from creditors, elimination of estate taxes, eligibility for public programs, automatic asset protection or specific tax benefits without the corresponding legal and tax review.
A trust does not necessarily replace every other document
Depending on the case, a plan may include additional documents that serve different purposes. Not every client needs all of them: the right combination is defined with the appropriate attorney.
- Last Will and Testament
- Pour-Over Will
- Durable Power of Attorney
- Healthcare Surrogate
- Living Will
- HIPAA Authorization
- Other documents the strategy may call for
Pour-Over Will
A Pour-Over Will can be part of a plan that uses a trust and may direct into the trust certain assets that have to go through probate after death, depending on the structure and applicable law. The Pour-Over Will does not by itself keep those assets out of probate.
Planning also means deciding who can act if you cannot
A Durable Power of Attorney lets you designate someone to act on certain matters, to the extent the document and applicable law provide. The specific authority varies by document and by jurisdiction.
Medical decisions can be part of your plan too
Documents such as a Healthcare Surrogate, Living Will and HIPAA Authorization can help establish who may participate in certain decisions and who may access medical information, depending on the content of the document and applicable law. Alemay Business does not provide medical advice.
Creating the trust doesn't end at the signature
Trust funding means reviewing which assets should be transferred, retitled or coordinated with the trust under the legal strategy defined for your case. It is a stage that takes coordination so that the assets meant to be part of the trust are handled the way the plan intends.
What it may involve
- Real estate
- Bank accounts
- Investment accounts
- Business interests
- Certain personal property
- Other assets depending on the case
How Alemay can help
- Identify the assets involved
- Organize the relevant information
- Coordinate instructions with the parties involved
- Work with the attorneys who prepare the documents
- Coordinate with banks or financial institutions when needed
- Coordinate the review of deeds and title with the appropriate attorney or authorized professional when needed
- Follow up on the transfers that need to happen
How a trust should be funded depends on the type of asset and on the client's legal and tax strategy. Not every asset belongs in a trust, retirement accounts are not automatically retitled, and no beneficiary designation should be changed without professional review.
If you own property, title matters
Coordinating real estate within a plan usually means reviewing several things before deciding on any action.
When a deed needs to be prepared or recorded, Alemay Business coordinates with the appropriate attorney or authorized professional for that jurisdiction.
- Current ownership of the property
- How title is currently held
- The jurisdiction where the property is located
- The deed on record
- Homestead status when applicable
- Jointly owned property
- Property located in other states
Not every property should be transferred into a trust. Transferring real estate can have mortgage, tax or insurance implications that should be reviewed first with the appropriate professionals.
Your business can be part of the plan too
Interests in an LLC, corporation, partnership or other entity may call for planning around ownership, succession and continuity. Not every business interest can be transferred automatically: the entity documents have to be reviewed first.
- Operating agreements
- Shareholder agreements
- Transfer restrictions
- The tax structure of the entity
- Current corporate documents
Planning isn't only about what happens after death
A trust and the documents that go with it can set up ways to handle certain affairs if a person is no longer able to manage them personally.
Sound planning may reduce complications and establish mechanisms for certain incapacity situations, depending on the documents and applicable law. That does not mean a guardianship proceeding can be avoided in every case; the outcome depends on the documents in place, the circumstances and the law that applies.
Can a trust help avoid probate?
It can: certain assets properly transferred into a trust may avoid going through probate, depending on the structure used and applicable law. But the nuances matter.
- A trust that is not properly funded may not accomplish that goal as to certain assets.
- Assets left outside the trust may still be subject to probate.
- Some assets pass through other mechanisms, such as beneficiary designations or how title is held.
- Every state has its own rules on probate and on trust administration.
Avoiding probate is not an automatic or guaranteed result. It depends on the structure used, on how the assets were funded and on applicable law.
A trust may also offer more privacy in certain situations
Certain aspects of trust administration may be less public than a court probate proceeding, depending on the state and the circumstances of the case. That is not the same as absolute confidentiality: legal obligations, records or particular situations may require information to be disclosed.
It's not only about who receives, but how and when
Planning can let you define, under the terms of the document and applicable law:
- Primary beneficiaries
- Contingent beneficiaries
- Distributions at certain stages
- Management for minors
- Contingencies you want covered
- Instructions aligned with your family goals
Families aren't always structured simply
Blended families
Prior marriages, children from previous relationships and beneficiaries in different circumstances can call for especially careful planning. The specific structure is defined case by case with the appropriate attorney, not as a general formula.
Trusts and minor beneficiaries
Leaving assets directly to minors can create special management needs. A trust may be used to set up how assets are managed and distributed, depending on the case and under the terms of the document and applicable law.
Our process
An orderly sequence that adapts to your situation. How long it takes depends on the case, the documents needed and the applicable jurisdiction.
Consultation and review
We get to know your family, your assets, your goals and the jurisdiction that applies to your situation.
Strategy design
Working with the appropriate attorney, we help determine which structure and documents may be appropriate for your case.
Legal preparation
The appropriate attorneys prepare the documents based on their specialty and the applicable jurisdiction.
Review and signing
The attorney explains the legal content of the documents, and Alemay Business coordinates the process, the execution and the signing with you.
Funding and coordination
We work with you to organize the steps that need to happen with assets, property and accounts.
Follow-up
We follow up and can revisit the planning when something significant changes in your situation.
What information we may need
This is a general reference: what is actually needed depends on your case, your assets and the strategy defined for you.
- Valid photo identification
- Marital status
- Spouse information
- Children and other beneficiaries
- Real estate
- Bank accounts
- Investments
- Businesses
- Insurance policies
- Existing estate planning documents
- Prior wills
- Prior trusts
- Powers of attorney already granted
- Deeds
- Property titles
- Beneficiary designations currently in place
- Information on assets and obligations
- Your family goals
- State of residence
- Property located in other states
Please do not send your SSN, full account numbers, deeds, sensitive financial information or confidential legal documents through public or unsecured channels. We will point you to the right secure channel.
Legal coordination based on your state
Laws on trusts, probate, powers of attorney, healthcare documents and property can vary from state to state. When the service depends on the law of a specific jurisdiction, Alemay Business coordinates with an attorney authorized to practice in that state.
Current coverage
We serve clients in multiple U.S. states, except New York, New Jersey and California. Our physical office is in Miami, and we also work virtually when appropriate.
Documents by jurisdiction
The same documents are not used in every state. For matters that depend on the law of a specific state, we coordinate with an attorney authorized in that jurisdiction.
What the service can include
Depending on the case, our support can run from the first review all the way through follow-up.
- Initial consultation
- Review of your assets
- Review of your family situation
- Defining your goals
- Guidance on the alternatives
- Selecting the structure together with the appropriate attorney
- Coordination of trust document preparation
- Coordination of will preparation
- Coordination of Pour-Over Will preparation
- Coordination of Durable Power of Attorney preparation
- Coordination of healthcare document preparation
- Coordination of HIPAA Authorization preparation
- Deed coordination
- Real estate coordination
- Trust funding
- Coordination with institutions
- Organization of assets
- Review of business interests
- Coordination of execution and signing
- Follow-up
- Future updates
The documents and services needed depend on each case. Not every client needs the same package.
Clear expectations from the start
What we do
- Review your family and financial situation
- Explain the alternatives in plain language
- Plan the strategy together with you
- Coordinate with the appropriate attorneys
- Manage document preparation through the appropriate professionals
- Organize your assets and information
- Support you through trust funding
- Coordinate matters involving property and title
- Stay with you through signing and execution
- Follow up and revisit the plan when circumstances change
What we do not promise
- Probate avoidance in every case
- Absolute asset protection
- Elimination of taxes
- Complete protection from creditors
- Absolute confidentiality
- That one specific type of trust is right for everyone
- Specific tax results
- Guaranteed estate outcomes
- That every asset belongs in a trust
- That the same documents work in every state
Why Alemay Business?
We review before we document
We start by understanding your family, your assets and your goals; only then is the structure and set of documents defined.
Attorney coordination by specialty and jurisdiction
Legal documents are prepared or reviewed by the appropriate attorneys based on the type of document and the applicable jurisdiction.
Multi-state coordination
When a matter depends on a specific state's law, we coordinate with an attorney authorized in that jurisdiction.
Planning for families
We work with single individuals, married couples and blended families, with planning tailored to each situation.
Funding and asset organization
We support the work of aligning assets, accounts and property with the structure created, based on the strategy defined for your case.
Business interests in the plan
We look at how interests in an LLC, corporation or partnership may fit into your estate planning.
Bilingual service
We support the process in English and Spanish so communication stays clear throughout planning and signing.
Miami office and Ale app
9380 SW 72 ST, Suite 230B, Miami, FL 33173. We also work virtually when appropriate, and Ale app keeps your services, appointments and resources on your phone.
A real team behind every plan
Alemay Business coordinates each case with the appropriate professionals. When another state's law is involved, we work with an attorney authorized in that jurisdiction.
Stay connected with Alemay through Ale app
Ale app is the digital platform of Alemay Business. From your phone, you can explore our services, access helpful resources, schedule appointments and stay connected with Alemay Business.
Frequently Asked Questions
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View serviceWant to organize your assets with a clearer plan?
Schedule a consultation and let's review your family, assets and goals to determine which trust structure and related documents may be appropriate for your situation.
Trust planning depends on each client's facts, assets, goals and applicable law. No trust guarantees probate avoidance, absolute asset protection, the reduction or elimination of taxes, protection from creditors, complete privacy or any specific outcome. Legal services and documents that depend on state law are performed by, or coordinated with, attorneys authorized in the applicable jurisdiction. Alemay Business analyzes, guides, organizes, coordinates and supports the client, and is not a law firm.
The information on this page is general in nature and does not constitute individualized legal or tax advice.
Alemay Business · 9380 SW 72 ST, Suite 230B, Miami, FL 33173 · 305-300-2346 · business@alemaybusiness.com · Fax 305-402-0706