Honest Approach. Clear Strategies. Smart Advice.

Paula Ferreira Montoya, Attorney at Law

Our Orlando law firm WORKS with local and international clients, individuals or families, and business owners in the areas of estate planning, business law, probate, and real estate.

We help you MAKE informed decisions that ensure your short and long term goals are met.

WE LISTEN, WE CARE AND WE ARE GOOD AT WHAT WE DO.

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Located in Orlando While Serving the World

From estate planning to estate business and more, knowledgeable guidance and understanding will prepare you for a bright and successful future. Paula Montoya Law is dedicated to establishing substantial results and long term security in all legal aspects of your daily life. We focus on working with both local and international clients, as individuals, families, and business owners in need of trustworthy representation. We help you make crucial and informed decisions that will ensure your short and long term goals are met with noticeable and satisfactory results. We promise to represent our clients with an honest approach, clear strategies and smart advice.

Our services include:

  • Orlando Estate Planning

  • International Estate Planning

  • Business Law

  • Probate

  • Real Estate

  • Intellectual Property

Secure your well-being with peace of mind in your legal matters. Call today to schedule your first appointment.

Protect Your Legacy and Loved Ones with a Competent Orlando Estate Planning Attorney and Orlando Probate Attorney

Failure to complete preparations for your final wishes puts lifelong achievements at immeasurable risk. Without clear documentation, you force your loved ones to endure the stressful task of managing your assets and paying unnecessary taxes and probate fees. Even if you prepare a will overseas, without due help from a qualified estate planning attorney, it is possible of leaving no means of ensuring that your final wishes are met and your beneficiaries properly protected.

At Paula Montoya Law in Orlando, we specialize in the unique intricacies of estate planning. Both local and international estate planning can seem a daunting task with innumerable details and difficult complexities to navigate. However, with the assistance of a qualified estate planning attorney in Orlando you can protect your legacy and eliminate the confusion and costs that so often accompany a disorganized estate.


Orlando Estate Planning Attorney

One of the most important decisions that you will make in life when it comes to your legacy is how to plan to have your estate divided up among relatives and family members.  Ensuring this is done properly, efficiently and without question is a key to preventing family disputes, ruined relationships and extended periods of time in which your family is engaged in probate court. Obtaining a qualified Orlando estate planning attorney is the most important step to protecting yourself and your loved ones.

Have you found the right attorney to properly plan your estate?  There are several factors that go into finding the right Orlando estate planning attorney for your specific situation. Obtaining a knowledgeable and experienced estate planning attorney in Orlando can:

  • Allow you and your family to organize smooth transition of assets after your death

  • Shield the assets you have from exorbitant death taxes that could eliminate up to 40% of your wealth

  • Prevent your wealth and assets from being tied up in probate court for extended periods of time

  • Ensure any family businesses are smoothly transitioned to heirs without major legal or tax implications

  • Allow you to distribute your wealth to charities, family members, children and your spouse


Estate Planning for Foreign Nationals

When we get into the legal arena for immigrants and foreign nationals it becomes even more imperative to hire an Orlando estate planning attorney that is familiar with international estate planning.  Paula Montoya Law specializes in both estate planning and international business planning, so you can rest assured that we know how to plan your estate and business to avoid having the lion’s share taken away by the federal government.

Currently, American citizens and green card holders are shielded from the estate tax for fortunes up to $5.49 million dollars, meaning they pay no taxes on the first $5.49 million that is transferred to their heirs.  After that amount, without proper Orlando estate planning, you will be subject to a 40% tax rate.  

But what about non-residents of the U.S. (also known as NRAs)?  Surprisingly, without proper Orlando estate tax planning, a NRA will be subject to tax on their estate for anything over $60,000 in value.  But, there are options available to mitigate this incredibly low limit on assets and wealth subject to the U.S. estate tax.

As an Orlando estate planning lawyer and an Orlando business attorney, we know ways to structure your estate so that your loved ones are not left with essentially half of what you worked so hard to obtain while living in the United States.  These methods are intricate and involved, so it is imperative that you get in contact with Paula Montoya Law today to start planning your Orlando estate as a non-resident alien or non U.S. citizen.  
 

Is Your Orlando Estate Planning Where It Needs To Be?

As an Orlando estate planning attorney, I am here to review your estate planning and ensure that you are properly protected and shielded from unnecessary and undue taxes by the government and to allocate as much of your inheritance as possible to your heirs.  To do this properly, there are several instruments that must be taken into account, reviewed and created if they are not currently part of your planning.  These instruments include:

 

  • Wills - Last Will and Testament discloses how you want your assets and wealth distributed to people in your life. These can include children, grandchildren, nieces, nephews, spouses, friends and charities. The Last Will and Testament can also dictate who takes care of your children as their guardian in the event of an untimely death. Without a Last Will and Testament, your assets will be subject to Florida Law and may not end up being distributed the way you would prefer or intend. Make sure you consult an estate planning attorney in Orlando to have this document properly drafted.

  • Trusts – A Trust may avoid the probate process and control how assets are distributed to your beneficiaries over time. Trusts are not public documents and are not filed with probate so you have the added benefit of privacy from government onlookers. Trusts can also help in shielding your assets from taxation and you can even have a revocable trust that names yourself as a trustee with complete control over the trust until your death. An experienced Orlando estate planning attorney will know how to properly establish trusts for you and your family.

  • Powers Of Attorney - This can become extremely important in the event of loss of cognitive thinking ability in cases such as dementia or a debilitating accident. Powers of attorney allows the designated individual to make decisions on behalf of yourself in the event you are unable to do so yourself. Having an Orlando estate planning attorney properly set this up and designate the best candidate can be imperative to protecting your assets in the event you can no longer make the best decisions for your estate.

  • Living Wills - A living will is very important to have drafted by an estate planning attorney in Orlando in order to make sure that your family and the courts know what to do in the event that you are in a terminal, vegetative or end-stage condition. Having situations like these pre-planned will take the burden off of your family members to try and decide what to do should you be in a position where you may never recover and regain consciousness.

  • Probate - When you pass, your Last Will and Testament will dictate how your assets are distributed, or if you have no will your assets will be distributed according to Florida law. This process takes place in a Florida probate court. Having assistance and guidance by a qualified Orlando estate planning attorney will give your family peace of mind and assurance that your wishes are being fulfilled the way they were meant to be.

Orlando probate attorney

When a close relative or family member passes away, their assets are distributed to the rightful beneficiaries as listed in the last will and testament, or according to state law. Probate is the court-supervised process that validates the will, determines heirs, and distributes assets accordingly. Creditors and any relevant taxes are also paid off during the probate. Families often require the assistance of a probate attorney – we help individuals and executors navigate the complex process. Guidance from a qualified lawyer will give you peace of mind that the will is being fulfilled as intended. 

Probate requirements and procedures are guided by each state’s laws. If the deceased was not a Florida resident but owned property in Florida, you will need to hire a licensed Florida attorney to represent you. The right probate attorney in Orlando can be instrumental in resolving legal disputes in a timely and effective manner. At Paula Montoya Law, we have years of experience and knowledge in probate law to settle your affairs. 

Power of attorney

  In the event you become incapacitated or ill, you should still be able to rely on a responsible family member or friend. The power of attorney gives someone else legal authority to act on your behalf under special circumstances. Power of attorney could be used to access certain bank accounts, sign legal contracts, and make other important legal and financial decisions. Once you pass away, the power of attorney is then terminated. This is a common and effective way to plan for future disability or illness in Florida. 

By considering a power of attorney arrangement, you can designate someone to act in your best interests if you are unable to manage your affairs yourself. At Paula Montoya Law, we frequently work with clients who want to appoint a dependable person to attend to their legal and financial matters. We have years of experience preparing these documents and can help you determine in what ways you could benefit from having a power of attorney.  

advance directives and living wills

If a medical condition prevents you from communicating your desires about treatment, doctors will look to someone else to make these important decisions for you. An advance directive, such as a Designation of a Healthcare Surrogate allows individuals to select another person to review medical records, speak with doctors and make healthcare decisions on your behalf. 

You can also determine your wishes regarding end-of-life care and treatment. A Living Will gives your doctors and family clarity and direction in the event you become terminally ill, severely injured, or enter a persistent vegetative state. This document is used when there is no chance of recovery from your incapacitation and you depend on life support to keep your body living.

Making end-of-life decisions can greatly burden family members, especially if they do not know what your preferences or final wishes are. An advance directive or living will is a solution that will take this burden off your family when the time comes. Because these documents often refer to specific medical treatments and interventions, it is critical to speak with a skilled attorney in Orlando, Florida. Paula Montoya Law can consult with you about what is included in advance directives and a living will, so you can clearly convey your wishes to your family. 

Your Orlando Business Attorney is Your Solid Partner

For new businesses just taking off or existing ones reaching for broader horizons, the right guidance from a knowledgeable Orlando business attorney can make a substantial difference. Company start-ups, investment agreements, employment agreements, and trademarks are only a few of the pivotal details that will protect your business endeavors and ensure a profitable future. With over 10 years of comprehensive legal experience, Paula Montoya is able to provide dedication and skills that create a successful environment. Our law firm has flourished, dedicated to the promise of maintaining honest approaches with clear strategies and smart advice.

Contact Us For Orlando Estate Planning

Paula Montoya Law have several years of Orlando estate planning as well as business planning, serving both local and international clients.  With both of these areas part of our expertise, you can rest assured that we will explore all avenues available to you and your family to ensure that your legacy is preserved and properly handed down to the next generation.  

Contact Paula Montoya Law today at (407) 906-9126 today to get your estate planning in order.

Paula Montoya Law LLC
7345 W Sand Lake Rd Suite 318
Orlando, FL 32819
(407) 906-9126  

info@paulamontoyalaw.com