Protecting Your Assets

There are many areas of expertise that an Orlando probate attorney must understand to ensure that your wishes are respected and your assets are protected after the time of your death. In addition to Wills, Living Wills, Trusts and general estate planning, Paula Montoya Law can also provide powers of attorney in the event that you become incapacitated and are unable to make decisions for yourself. Let’s take a look at what goes into hiring a qualified Orlando probate lawyer:

Estate planning - This involves the planning of distribution and protection of the assets that you leave behind. It can include how assets are divided amongst family members, continuity of ownership of a family business, and provides clear direction for the courts to follow so your family doesn’t end up in probate.

Guardianship - Should your passing be untimely, a proper Orlando probate attorney can administer guardianship of your children and provide clear directions on what your wishes are in regards to minors.

Living Will and Healthcare Surrogate - If you or your loved one becomes terminally ill or are unable to make decisions on your own behalf, a living will tells healthcare professionals and family members exactly what your wishes are. This may include what to do if you are on life-support with no expectation of regaining consciousness.

Trust Disputes - Unfortunately, disputes often happen after the passing of a loved one. With a proper Orlando probate lawyer and Orlando estate planning attorney you can ensure that if there is a dispute, you have proper representation to respect your final wishes.

Will Contests - As above, if your will is contested or disputed by family members, we can provide clear direction on how assets are meant to be distributed in order to minimize any internal family disagreements.

Finding the best Orlando Probate Attorney

It is imperative that you find a trusted and reliable Orlando probate lawyer to draft and enforce all of these necessary legal documents associated with your estate. Paula Montoya Law has years of experience protecting both U.S. Citizens, residents and foreign nationals from having to go through the sometimes overwhelming process of probate. Don’t leave your legacy up to chance - call Paula Montoya Law today so that we can get started on making sure your estate is protected and distributed in the way that you would want it to be.

Now that we have a new President in the White House, you might be a permanent (green card) resident of the United States and considering applying for U.S. citizenship. You might be asking yourself: what are the benefits of becoming a naturalized U.S. citizen?

Though permanent (green card) residents are granted some of the same rights as U.S. citizens, permanent residents are disadvantaged by not having the more substantive rights that U.S. citizens hold invaluable. Many permanent residents have told me that, once becoming a citizen, it rids you of an emotional unsettling hollowness permanent residents carry inside themselves knowing they haven’t the same rights as citizens. Once a citizen, they said, you experience an immediate sense of completeness; personal enrichment; drive to achieve bigger goals; and even increased self esteem. It opens doors to greater opportunities, benefits and control over your personal life and assets for both you and your family. U.S. citizens can also travel to 165 countries around the world without a visa.

Family Benefits. One primary benefit U.S. citizens have over permanent residents is their priority to bring family members permanently to the United States. Citizenship enables you to petition for your spouse, parents, married or unmarried children, and siblings. Furthermore, children born abroad may gain citizenship without applying for a visa.

Government Benefits. Citizenship includes the right to vote, increasing participation in the prosperity of your community and country; convenience of traveling with a U.S. passport; assistance from the U.S. government when abroad; eligibility for Federal jobs or public office; financial advantages in estate planning, gift and estate tax exemptions; and eligibility for public benefits.

Dual Citizenship. Like most countries worldwide, the U.S accepts dual citizenship. If you are trying to obtain U.S. citizenship and desire to maintain your citizenship of origin, it is possible. Like many green card holders, if you have another citizenship in addition to your native citizenship, contact your local consulate, embassy, or an immigration attorney for information or limitations regarding dual citizenship.

The Risk of Deportation is Eliminated After U.S. Citizenship. You may think that by having a green card your status in the United States is complete and that you no longer run a risk of losing status or being deported, but that is definitely not the case. A green card holder can lose his or her permanent residence status by traveling abroad for a longer period than 6 months or by being involved in a crime, this includes even "less serious" criminal offenses. Another recent example of how your green card status can be jeopardized is through fraud investigations performed by the U.S. Department of Homeland Security even after you become a permanent resident, to determine if the original basis you received your green card was obtained through a fraudulent marriage, L or H visa petition. Once becoming a U.S. citizen, that citizenship can only be taken away in very limited situations typically involving certain war crimes, espionage, and national security matters.

The Myth About Higher Taxes. Many green card holders decide not to apply for their U.S. citizenship because they are concerned with being responsible to pay the Internal Revenue Service (IRS) for tax on worldwide income, which U.S. citizens are required to report, thinking that keeping their green card status will avoid this additional tax liability. However, this is a common misunderstanding. Even if you are not a U.S. citizen, you may be required to pay taxes in the United States. Whether or not you must file a U.S. tax return depends upon whether the U.S. government considers you a "tax resident." Once you have a green card, you automatically become a U.S. tax resident and you must declare your entire income to the U.S. government. Even if you remain outside the U.S. for an entire year, you'll still need to report your entire worldwide income. Becoming a U.S. citizen will increase tax benefits and allow for higher gift and estate tax exemptions.

Choose Your Home. Once a citizen you are no longer required to return “every 6 months” to the U.S. in order to maintain your residency as it is recommended and vital for green card holders. If you decide to live abroad for months or years as a U.S. citizen, you won’t lose your U.S. citizenship.

There are currently no changes made by the Trump Administration to the naturalization process. The application for citizenship may look simple and easy to complete, however it can be complex, especially if you have been a green card holder for many years and are a frequent traveler. To apply, you must have been a resident for at least 5 years (in certain cases, 3 years). Avoid complexities and contact attorney Paula Ferreira Montoya at 407-906-9126 to assist you in the naturalization/citizenship application process.