[00:00:00] Speaker A: Welcome to Immigration Today. I'm Elizabeth Trifonis and today we're breaking down policies, stories and issues that matter. You're watching NOW Media Television.
[00:00:10] Speaker B: Welcome to Immigration Today where we help families move forward with clarity, confidence and trusted legal insight. I'm your host, Elizabeth Trifonis and today's guest is Alina Gonzalez Dockery, an attorney and founder of Life Law Planning in southwest Florida with 28 years of legal experience.
She supports families in estate planning, probate and family law, helping them build stability that goes far beyond their immigration paperwork.
Many families have this belief that once they have their status situated in the United States, their lawful permanent residency or their visa, that the hardest part is over. But there are numerous other legal issues and legal status alone does not guarantee protection for your loved one's property or long term financial stability and security.
Alina, I'm so glad you're here today. We were discussing things earlier about whether immigration law and planning law have sort of a interconnectedness to them and they are separate, but doing that legal plan and that financial foundations protect families generally.
In your experience, is there really a difference between someone who's here undocumented and putting together their family plan versus somebody who has that permanent residency or even a citizen and putting together that family plan and the stability for children and
[00:01:31] Speaker C: a family's future for estate planning purposes? I don't, at least here in Florida, there isn't much of a difference in that. It's, it's still the same basis you want to provide for your family, ensure that what you are building will go to the ones that you want, whether it's your actual family members or the family you build, as I say, you create.
But also what I have found in, I think one of the maybe main differences in dealing with clients, whether as you know, let's say comparing a citizen, legal resident versus someone who does not have documentation is ensuring that the person who does not have documentation is still able to manage their assets that they have ascertained here in Florida or elsewhere in the US While if in the event they have to, they're for whatever reason have to leave this country.
I also found that it is with any family who has minor children is the same. You need to figure out who are going to be the guardians, who's going to be there in the event of an emergency or more on a temporary basis or permanent basis, who is going to be in charge of your children, who is going to be caring for their physical personal needs, but also who's going to be dealing with the assets so that they can care for these children.
I mean, so there's a lot of similarities in that, you know, in how we go about it. But maybe the focus or the, the reason for going forward with an estate plan document or ensuring that there's power of attorneys, power attorney over the children, guardianship designations, I think that's where the emotion involved in it does differ, and that does change how we handle the client journey.
[00:03:35] Speaker B: I do remind folks, right, that the issue of your status is really a federal, federal law issue, a federal government issue. The issue of your state and your family, those become state law issues. So they're really quite separate. You know, for me, in Wyoming, which I'm obviously not there right now, but in Wyoming, the family law piece, who's supporting children, how the estate is probated, that's all carried out in the county where you reside. And actually you're a lawful resident of wyoming just after 60 days of residence, it's a state law issue. So you bring those state law claims in your district court of your county.
And so really that federal status may come into play, I think, with whether or not you have other security and stability issues in the state that you're in. But what you're talking about is how do you prepare for people to be cared for after you're gone or after you're detained even sometimes that could be the same experience. Or even if you're outside the country and having that conversation with a good plan is really important.
Are there some steps that people can take in first looking at how to set up an estate plan and power of attorney, where should they go to even start asking those questions?
[00:04:53] Speaker C: I'm for one, that it's always best to go to an attorney, sit down with them, and through that consultation, that initial consultation, that's when all of the needs can be vetted out and then really seeing what is it that the individual requires or the couple requires versus what are the tools that will be best available to them.
So let's say, for instance, and this was, it seems like it's, it's. This is a recurring issue that seems to pick up every, say, five, ten years that all sudden we have like what we're seeing now, say, like a massive immigration push, you know, with ICE and such.
So one of the first things is, okay, if you are a family with minor children and there are concerns that you may be detained, deported, or you, or even that you just, you may have to leave this country, then you want to ensure that if anything should happen to you, even if it's a temporary detain, detain, attainment. And it's the same if you're a parent and you go to jail. What ha. You know, you become sick and you're hospitalized. You want to make sure that your minor children are covered. Because the last thing you want is for the state, via the Department of Children Families, to get involved with your child. Because if you say something happens to you and you go to the hospital and there's no one to take those children, then the Department of Children Families will have to shelter those children with a foster parent.
You don't.
So having that little ounce of planning for the purposes of your children will allow for one, a lot of ease of mind for yourself, for the parents, but also knowing that my children are taken care of. If there's an emergency, I have this individual that can come to the school, pick them up, take them home, they can deal with things. And then, even if it's more than just an emergency temporary situation, you can have a permanent guardian over the persons of those minors.
And then you also want to look at, okay, if there are assets like monies or something that the children may be needing that you want to leave for them or upon, after demise, after your passing, then you want to also ensure that doesn't necessarily have to be the same person, whoever is the guardian over the person, the children's physical needs, but the person who's handling the finances, you also name that person. This is your control. This is what you are doing for the benefit of your family. And it also is a peace of mind, and it provides stability and it ensures that the individuals that you are choosing will have continuity of how you raise your children, how you believe that your children should be dealt, how to deal with them, that they, you know, religious training, things of that nature can be a continuous thing, but it provides that stability and peace of mind. I think that's the first and foremost, most important aspect for anything.
[00:08:06] Speaker B: I think the immigration piece is really just one of those potential emergencies, right? It can be a medical emergency that no one saw coming. It can be a car accident. It could be, you know, you woke up and you actually got a DUI later that day or something legal happens and you were detained. So it's really not the source of the emergency that's at issue in this type of question. It's really what happens when you're not able to be you and take care of your children in that moment. What's that triage of how things are going to proceed? And I wonder if you would advise Often, I think people believe before they come to a meeting with the attorney, they have to have all these things squared away. And that's quite the opposite. You show up and talk to us and we actually start giving you those lists of things we need and those questions that we're going to help you answer. So it really is just that phone call or that email to make the meeting with an attorney and do that meet and greet and then we take it from there. When you show up in our offices, would you agree that you, you just need to show up and we'll start walking you through what, how you make those plans?
[00:09:11] Speaker C: Absolutely. You do not have to have a concrete plan. It's so fluid. And as I even remind my clients, even once you have a plan, it doesn't mean it's etched in stone. It is still a living document, it can be amended and such.
But I just feel like, especially for individuals who may not be aware of all the tools that are available to somebody in estate planning, that having that initial sit down conversation, that consultation with an attorney to learn what are your rights, what are you looking at? It really helps also give them maybe a framework or a foundation of going, okay, you know what I thought, like, I have people who automatically think, well, my kids have to go to my parents. I'm like, well, no, they don't necessarily have to. I mean, I use the, I'm going to have to say, I use the example of the Kardashians, Khloe Kardashian, Khloe Kardashian state. And I don't watch the Kardashians, but I remember seeing a clip of this, that she was dealing with her estate plan documents, especially because she has minor children.
And though she was always closest with her sister Courtney, she realized that the way Kim raises her children was more aligned with how she wanted her children to be raised. So then she made the decision that if anything should happen to her, whether it's a temporary emergency situation or a permanent situation, that Kim was going to be the first tier, the first person to be a guardian for her children.
So, like, and I can use my, even my own family.
I mean, I have a brother who lives out of state, I have a sister who lives in state, and it was a question, and I remember talking about this with my husband at the time.
Who do we feel most aligns with how we want our children to be raised or aligned with how we view the world? You know, in purposes of whether it's religious education, just culturally, things like that.
And he had siblings as well. But my sister and my brother aligned more with what our value systems were and that's what we wanted to set up.
[00:11:30] Speaker B: Alina, thank you so much for that important information. We're going to take a break, but when we come back, we will continue this conversation. We appreciate your time. Thank you.
[00:11:40] Speaker A: We'll be right back with more insight, context and useful information about immigration law and life. Stay with us on Immigration today.
[00:11:49] Speaker B: And we're back.
[00:11:49] Speaker A: I'm Elizabeth Trifonis and this is Immigration TODAY on NOW Media Television. Let's continue the conversation.
[00:11:56] Speaker B: Welcome back to Immigration today. Want more of what you're watching? Stay connected to Immigration TODAY and every NOW Media tv favorite live or on demand, anytime you like, download the free Now Media TV app on Roku or iOS and unlock non stop bilingual programming in English and Spanish. If you're on the move, you can also catch the podcast version right from our website at NowMedia TV. From business and news to lifestyle, culture and beyond, Now Media TV is streaming around the clock. Ready whenever you are.
Been speaking with Alina Gonzalez Dacre and we're continuing our conversation about how we can protect our family and make financial decisions if we're here undocumented or with status. These are important conversations to have and to plan. And in the break, Alina, you and I were talking a little bit about what happens if someone has property and lots of jurisdictions and maybe they're being deported or maybe they have to leave the country.
What are some considerations people should think about as they're purchasing property or starting to acquire those assets and how to care for them in the future.
[00:13:11] Speaker C: So one of the first things, if you're ascertaining properties like multiple properties that say are rentals or something like that, I would definitely suggest forming an LLC for the the to to be the owner of the property and that is just for liability sakes. And again, talk to an attorney and they will be able to walk you down the the proper procedures.
But here's the beauty of a trust.
The trust doesn't go through the courts.
It is administered by, you know, you have a trust administration.
But more importantly, when you have property, say you have property in multiple jurisdictions, what that means is you have a property in Wyoming and you have a property in Florida and you have a property in California and and say you have Hawaii wherever, one of the benefits of a trust is that it all of those properties will be held in the name of the trust or titled in the name of the trust so that upon your passing, the administration of the trust can handle the dispersal of the assets. Which means is if like say you have five kids and each property goes to one child, the trust administrator can then just do sign off on deeds. Because if you don't have a trust and you have multiple properties in multiple states, you are required to open probate cases in each one of those jurisdictions or those, the county in which the county and state in which the property is located. So say, for instance, if a client owns property here in Fort Myers, Florida, but also in New Jersey, say New York, New Jersey, and they pass away, the family will have to open up the formal administration here in Florida, but then we'll have to hire an attorney to file another ancillary administration up there. And that, that can be costly. Right. And it's, it's, you know, it opens up a can of worms of more headache costs and such for the family.
Whereas when you have a trust and everything is funded, which means you actually transfer the titles of the trust from you as an individual or you a couple, to the revocable living trust or the name of the trust, then upon your passing, the successor trustee just goes in and goes through and administers your estate according to your instructions. No court involvement, no multiple jurisdictions. It's easy.
[00:15:45] Speaker B: Well, I'm sorry, I didn't mean to interrupt you, but just to back up a little bit, a trust for people that might not know that this legal term that we've created is really another entity that you create that you birth, in a sense, that you put all of your property and assets into this new entity that exists for the benefit of you and other people that you've listed as your beneficiaries, and it's administered by people that we call trustees that you also nominate and that runs.
Am I correct in sort of the assertion that this becomes this entity that runs for your benefit and you give it instructions on how it's basically going to live in the world and exist? Is that what we mean?
[00:16:27] Speaker C: Yes, it's basically what I tell my clients. It's almost like you're, you're forming your own company. However, when it's, when it's a revocable living trust, that means it's still revocable and it's living during the grand tour. So for instance, if you have Juan and Sara Miguel creating a trust, they are the grantors. They're the ones who are like, okay, this is our estate planning. We are creating this entity which we run, we manage, we own, we have all rights of ownership still over all of the assets that are going to be named in the trust, how and at any time we can change and amend it.
[00:17:09] Speaker B: Right.
[00:17:09] Speaker C: But what the amazing thing is about this, this document, which is a document and you're funding it, but this entity that you're creating, it really ensures that your wishes are followed through. But also during your lifetime, you can secure how you wish to be taken care of in the event that there is a temporary or permanent incapacitation.
So the trust is really a great tool also. I mean there's just so many varieties of things that you can do. Trust can be, I mean, I can geek out because you can have it just. It could be a simple trust where everything is funded, you have instructions upon your passing, everything gets dispersed to your beneficiaries and it ends after everything is dispersed. Where you can make it where.
I mean, I know for myself, when it came especially to my stepson, I would not.
There's no way an 18 year old, a 25 year old, as far as him, should manage money. So we put parameters as to how long that money will, you know, his inheritance will be held by the trust and in what manner he can get his inheritance and what it's there for because we didn't want him to squander everything. Right, right.
And that's a great control. Like I kind of tell people, my mother is, you know, she loves that because it's her way of controlling everything and then she still gets to control things from the grave.
[00:18:37] Speaker B: Right.
[00:18:40] Speaker C: You got, if you knew my mother, you'd understand that, but that she's like, oh yeah, just because I'm not here doesn't mean I don't get to control stuff, you know.
But also you can then create things like a lifetime asset protection trust. Whereas all of your assets are there for the benefit of your lineage and it's a lifetime and nobody really gets it. But your family members, you know, look at the Rockefellers, they did that type. They manage their trust so that generations can enjoy and reap in the legacy you created.
[00:19:09] Speaker B: Right. So the trust can help take care of your property, your children, your assets, any, anything that is actually yours, and putting it into that trust in that entity and then providing the instructions for how it's going to be managed, whether you're short term out of the country or whether you're detained, or whether you have a long term medical illness, or whether you pass away.
That seems like a really incredibly powerful legal step to take to plan for how your generational wealth and your children are going to move if you're not available and how to Start that again. I know we've talked about it, but to reiterate, how do I start considering how to create my trust?
[00:19:54] Speaker C: Sit down with somebody you trust. I would say I always tell clients, you know, you want to get, feel comfortable with the attorney that you're working with and ensuring that they understand what your values are and what your goals are. Because your estate plan documents, yes, we have certain boundaries that are set by law of what you can and cannot, you know, what you can and cannot do.
But it's really, this is your legacy, this is your plan, this is your design. And I call it, it's a design appointment. Once you decide, okay, this is what I want to do, let's design it. How if, if you could write up all the rules, how do you wish for your legacy to continue on for the benefit of, or even your pets? Because yes, you can create things for pets.
So it really is a matter of you sitting down, learning your rights, learning what the options are, what are the needs and also individual families have.
It's not a cookie cutter situation where one trust is for all. Because if you have a child, let's say, that has special needs intellectual disability or is disabled and will needs specialized care, but also not and is receiving benefits from the government you have, that's a special needs trust. I mean, there's a lot of different puzzle pieces. So it's a very unique experience for every individual family.
And that's what's most important.
[00:21:27] Speaker B: And of course, if I start somewhere, what works for me today and what I want to instruct in my trust or what assets I have or children I have that I'm putting into it, it can be changed or adapt and flow with those instructions or be revised. Is that right? And that's what you mean by it's a living, revocable situation?
Absolutely.
[00:21:48] Speaker C: It's a living document. I mean, it's change.
I always advise my clients that they should be reviewing their state plan documents every five years. Don't wait 10 years. Five years. And the reason five years is because you're going to have new children, grandchildren, you're going to get, you know, sell an asset, obtain a new asset. Things can change.
And so you want that trust to still reflect what your values are, but what your family needs are.
I had one individual client and I loved him to death, but. And he was all about the amendments, you know, it was, I knew grandchildren. And then he got remarried and it was a 10 year marriage. He wanted to include his children. And so we always had something changing to reflect how he wanted his legacy to be dispersed and how he wanted to care for his family.
[00:22:45] Speaker B: I think that's wonderful. So I think with the immigration piece, really, like we've talked about, it's just one, one concept of where you might not have total control over your daily life. You might be out of the country or detained. But that piece that I think people really need to hear, that doesn't change whether or not you acquire property or assets or build we.
Or provide or protect or have the ability to provide or protect for your family moving forward.
And doing that estate plan is really important. But I just, I guess want to mention for folks that may be watching, if you're undocumented and you continue to acquire property and you are then taken out of the country, that property remains yours irrespective of you being in the country or not or what your federal status is. And that's just under the Constitution, which applies to all persons, you cannot take your property without just compensation. And that applies even if you are deported. And so getting that estate plan put together and that trust put together are essential tools and guiding how you want that wealth to continue if you are not physically able to do it yourself.
Can you think of any kind of case example or maybe a story to help us understand that or some of your, your clients that you've seen put that trust plan and estate plan into place and have it really be effective for them?
[00:24:08] Speaker C: Absolutely. I mean, I have clients that they live in foreign countries and they own assets here, they own property here. I mean, we're Florida. It seems like we have a lot of vacation homes and such, you know, so even like, I'll say like a friend of mine, she and her husband are Canadian, but they have their winter home here in Florida.
They own several vacation and rental. Vacation rental homes.
And we established a trust so that they can manage, they can manage their property and such, but in the event that something should happen to them, that their, their successor trustee, who is basically, if you're not able to manage your own trust, if you're not going to be doing this, somebody steps into the role of like your shoes to ensure that the properties are taken care of and maintained, that property taxes are paid for and such for the benefit of your legacy and benefit of your family members and those that are your beneficiaries.
So the trust really is that tool. But like, for my one client, I mean, when we're, we're still working on our trust, she has multiple businesses, she has a voluminous portfolio of rental properties as well as her own home.
And one of the first things we were talking about, I mean, I mean, the first thing, the reason what brought her to my office was the fear of what we're seeing, this immigration crackdown. Right. However, when we started talking about what she can do and how she can continue to manage it and still be in control, but also how she can ensure that her children have, you know, had these pieces and that someone's there to manage it for them.
[00:26:01] Speaker B: Right.
[00:26:02] Speaker C: It really gave her that peace of mind. But also she started really realizing, like, okay, you know what? I have all these rental properties. I really need to create an LLC to protect myself from liability, you know, to put the boundaries for liability. Let's get that management aspect on it. And then that business will be handled underneath the trust. So it really is something that is a valuable tool for anyone.
[00:26:27] Speaker B: Agreed. Thank you so much. Alina and I would like to continue this conversation up next after our break. We'll come right back to this conversation.
[00:26:36] Speaker A: We'll be right back with more insight, context and useful information about immigration law and life. Stay with us on Immigration today.
[00:26:45] Speaker B: And we're back.
[00:26:46] Speaker A: I'm Elizabeth Trifonis, and this is Immigration Today on NOW Media Television. Let's continue the conversation.
[00:26:53] Speaker B: Welcome back to Immigration Today.
Many immigrant families have loved ones that are actually out of the country and across borders, and taking care of them or planning for their future, their future wealth and their future care can be very difficult and overwhelming.
The idea is that if we have a thoughtful, prepared plan, we might be able to have some clarity and peace of mind on how we take care of those individuals. And I'm speaking with Alina about that, and we discussed a little bit in our break, actually how difficult it is to plan for loved ones that are outside of the country.
And Alina, I guess the first question is, is there a way to actually plan and care for someone who is not in the United States? And what is that challenge to trying to do that?
Is it something we can do here in the US Is it something that we need to go back and deal with that person's native country? Can you help us understand why that's complex and how to begin to shape whether or not we can care for somebody outside of the country?
[00:27:58] Speaker C: I'm going to go back to yes, you can establish at least some type of trust in estate plan, whether it's a will or a trust. I think that with a trust and if you're providing for the care of family members in another country, I think you're going to get into the situation where, let's say, if it's upon somebody's passing and there's. If you have assets in another country, you're going to definitely have to go based on the probate laws and estate administration in that country. If you wish to establish, say there's a fund, say there's money in an account and you want to ensure that it's there for the benefit of your family members in, let's just say Nicaragua, okay, It's the first country I thought of, Nicaragua. Then you can establish a trust. But then the issue is going to be how is that going, how are those funds going to be transferred, how does that affect. And what, what are, you know, what most likely is. The best advice I can give is you want to ensure that you have an attorney in the location of where your family members are to ensure there's a seamless type of operation in that your intentions and your, what you wish, your wishes are, can be dealt with seamlessly. But a trust is a good tool for that.
If it's a minor child, then it does get a little bit more complicated in, in. In what you're setting up as a guardian over that property for a child under the age of 18. But I think that that's how you're going to have to do it. You're going to have to have an attorney, you're going to have to have a collaborative efforts between ATT in two different countries.
[00:29:37] Speaker B: Right. We saw that happen. I had a case, unfortunately, where some undocumented folks in my neighborhood in Jackson Hole, Wyoming, actually were in a construction site and unfortunately were buried alive and were killed. And that resulted in a civil lawsuit of claims and a settlement where we had some minor children of those workers that lived out in Mexico.
And the ability to get that settlement claim money to them in a safe way took a long time. We did do that by helping them to set up a receivership or a trust, if you will, after the passing of their fathers, and put that in safe accounts in the United States that were then distributed to accounts in Mexico and kept very confidentially. And it was quite a challenge. But having that receivership set up in the US Was our, our only way we could figure out how to get this money to their children. You know, we brainstormed a lot of ways like, well, do we put it in suitcases and cash and carry it? I mean, how do we actually. And then we got concerned about wire transfers and getting them into proper accounts that were secure that they could actually retrieve. And it did take that collaboration both with the guardians and the receiverships and the accounts in the United States and finding those trusted other attorneys in Mexico in that case to make sure that those daughters were actually getting what they could out of a really terrible situation that we all wish never had happened. But we always like to say, I can't change the past or the trauma, but I can use it to try to get as much benefit for that loved one that remains and for their care and comfort for the rest of their days and education.
Have you had that instance where you've had maybe or been a guardian yourself where you're trying to care for somebody that's outside of the country? And what does that end up looking like?
[00:31:29] Speaker C: Well, much like in the circumstance, you know, we had an undocumented father who was an undocumented alien here in Fort Myers and he was killed in an auto accident. It was not his fault, it was the other individuals.
And there was a large settlement was wrongful death action. He had one minor child, one minor son and that son was in his son still somewhere in Mexico. Now how I got involved was I was appointed as the guardian over the property. What that means is when in Florida, when you have a minor or you have a child that is under the age of 18, if the sum of the money is over $15,000, that minor cannot receive their inheritance. That and a guardian over the property has to be appointed by the court. Those monies are, have to be deposited in a restricted account and only with the court's approval can monies be say, shipped down to, to, you know, in a secure way to the minor child for the man child's care for his education, housing, medical, you know, needs.
And then once he's 18, then the whatever's left goes to that 18 year old child.
Now in my case, what made it even more difficult was we, we were trying to locate this son because what happened was family members, once they found the new, found out the news that the father was killed, the child was taken from here to Mexico and we were not able to locate, we weren't able to locate him. So then we have the added complexity of okay, well we had this money sitting in a bank in a restricted account. We have exhausted, always trying to locate these, locate the guardians as well as the child to try to set it up. And now we have no choice but to turn the money over to the, to the, to the registrar's office or the clerk of the court's bank account because they're going to be the keeper of those funds until such time as that as the son comes forward. Right. So it's really difficult in that sense. And nobody, look, nobody anticipates having a major accident like what you described or what I'm describing.
And you know, and no, and unfortunately, even to find family members, like actual family members, not people claiming to be family members, that was even difficult. And that's why I was appointed as a professional guardian in this matter.
So these are the things like again, you can pre plan for if you are an individual who's here in the United States and you left family members in another country and you want to ensure that even if anything should happen to you that there's mechanisms in place and you already had the trusted people and knowledge of where the how this is going to go about. It really is about planning and making sure that you're just covering all of your bases, if you will.
[00:34:39] Speaker B: Thank you, Alina. When we come back, we're going to continue the conversation about how to protect yourself from fraud, from legal misinformation. And again, we keep saying it in each segment, but how to have that plan.
The best way to prepare for the unknown is to plan for it as much as you possibly can. We'll be right back.
[00:35:00] Speaker A: We'll be right back with more insight, context and useful information about immigration law and life. Stay with us on Immigration today.
[00:35:09] Speaker B: And we're back.
[00:35:10] Speaker A: I'm Elizabeth Trifonis and this is Immigration TODAY on NOW Media Television. Let's continue the conversation.
[00:35:17] Speaker B: Welcome back to Immigration today. Don't miss a second of the show or any of your NOW Media TV favorites streaming live and on demand whenever and wherever you want. Grab the free Now Media TV app on Roku or iOS and enjoy instant access to our lineup of bilingual programs in both English and Spanish. Prefer podcasts? Listen to Immigration TODAY anytime on The Now Media TV website at NowMedia TV, covering business, breaking news, lifestyle, culture and more. Now Media TV is available 24 7, so the stories you care about are always within reach.
Welcome back to IMMIGRATION Today and our final segment. We're addressing some concerns about planning for our future. And the question has presented itself on how can people, immigrants, humans, protect themselves from fraud and misinformation when we're talking about estate planning and putting these documents together or caring for our future, Many folks are facing questions on how to trust others and how to decipher whether or not they're receiving the excellent guidance that they should be receiving. And so, Alina, I know we've always talked about this and we repeat it often, but I'd like to repeat it again.
Can you explain what is a notario versus a lawyer and the difference in the United States, what do we mean by a false notario?
[00:36:47] Speaker C: So, and my understanding is like even in Puerto Rico, un notario is usually an attorney, but here in, like here in Florida, because you can, you have licensed attorneys, we are regulated by our bar of associations, we have certain, you know, professional fiduciary responsibilities and we are actually allowed to provide legal services and legal advice and legal counsel. Whereas an individual can be a notary public. What that means is that they, they pay a fee, you know, that allows them to provide notary services in that they can authenticate documents, they can take, you know, you know, someone signed say a will and there's a self proving affidavit that the notary is there to state that yes, this is the individual who signed the document. It was done personally or online.
You know, it's totally different. But a notary is not a legal representative, they are not an attorney and they are not authorized to provide legal advice or legal services for an individual. That is here.
I mean, I can definitely speak to Florida, but I believe it's, it's, it's across the board in the United States. Agreed. So, you know, and I mean I'm, I'm a notary as well as an attorney. Well, the reason why I did that was because I realized that it was easier for me to be a notary because if my paralegal or my receptionists were not available, I can notarize documents. Right, right.
[00:38:23] Speaker B: And so a notary in the United States really is that they're attesting that the document is the document it says it is, that the title is what it is and that the person who is signing it has provided identification that that is the person signing it. But beyond that, it doesn't actually provide any, any attestation that the document with the information in the document is real or that it's true, I guess is a better way to say it. It's literally this is the title of the document, this is the person who signed it, and that's the extent of a notary's qualifications in the United States. Whereas a lawyer is somebody who has been licensed, has taken numerous exams, asserts that they have maybe a specialty or an emphasis in certain subject, and should really be. If that's not our experience, if I'm not the immigration attorney or I'm not the estate attorney, and that's what you're looking for, I have a duty to refer that out to somebody who is.
What do you have any, like, signs or red flags that you might advise somebody that I think you might be dealing with someone who's not qualified and how to then adjust from there?
[00:39:37] Speaker C: I'm. I've been seeing an upper and not enough price, an increase in issues with notarios, people who are claiming to be notarios, or even people who are claiming to be paralegals and preparing documents. Right. And again, a paralegal that is usually a legal assistant or someone, maybe they did go to classes, university, or become certified paralegals. I use paralegals in my practice. This, however, what I've been seeing more so because in Fort. And I'll talk to Fort Myers, in Fort Myers, our Hispanic and Latino community is growing exponentially and we are seeing a rising number of, I'll say, Cubans who have recently come over from Cuba within the year past, say within zero to two years. Right.
And I have been having more and more consultations with individuals coming to me going, well, I went to a notario. This is what they prepared for me.
What. But there's something going on with my case, whether it's a family law case or something. And what's happening is, is these individuals feel that the notario is like the same in their, in their country, like in Cuba or even in, like Puerto Rico. Usually the notario is an attorney.
So one of the biggest red flags I think someone should really look at is, okay, even with the paralegal. Paralegal cannot provide legal advice. They can prepare forms for you, and if it's a really good paralegal, they can help instruct you on why certain information is necessary and give light to that. But they still cannot give legal counsel. They can't tell you what is in your best interest or how to, to say, for instance, ensure that all of your properties that you own that are how to save you from potential liability or how to properly structure something. They again, a paralegal can fill out paperwork. A notary is there just to put the stamp saying, this is the individual. Here's the document that was signed before my presence, and this is the individual.
So when you have a notario or someone claiming, oh, I can do all of your legal advice, and they're telling you how things are done, there's the red flag. Because you need to have a lawyer to provide those.
[00:42:06] Speaker B: Exactly.
[00:42:07] Speaker C: Advice, you have to go to a lawyer.
[00:42:09] Speaker B: We see that a lot. I'm sorry, go ahead.
[00:42:13] Speaker C: No, you go ahead. I was going to say what I'm saying.
[00:42:16] Speaker B: Yeah. We see it a lot with immigration applications for benefits. Right. The paralegal, or even non paralegal, there's no requirement that a lawyer actually fill out immigration paperwork on someone's behalf. It can be a standard preparer. Paralegals and people who have some experience with the forms know how to put in that biographical information, the address check the boxes, and the notario might be able to notarize that this person actually signed this document or this affidavit. But the lawyer is the one who actually understands how the law is applied through that application, what the requirements are to even submit that application, what the evidence needs to be submitted, and how that application impacts someone's status. So that advice becomes the lawyer's world. And really, you know, with the immigration context, what we're seeing now is if you are using a notario or assistant to help prepare those forms, you may not be entitled to that benefit that you're applying for. It may very well be denied. And the long term impact is that it may flag you for deportation proceedings.
So the lawyer piece is important and true in your estate planning. You might be able to fill out online or legal, zoom the basic information to something, but how the law is applied to that document and how the courts are going to treat that document and how that legal impact really is downstream. Really, Alina, you're the only one that can provide that assistance, which is very different than a paralegal or notario. Am I summing that up correctly?
[00:43:45] Speaker C: Yeah. And I can tell you that's regardless of immigration status.
I was, I was involved with a contested probate action. It was a contested administration in that the decedent decided. One day he, he met up some friends at a bar and said, I need to, I need to write a will.
His one friend said, hey, I have a great attorney. He was like, I hate attorneys. I'm not trusting attorneys. So literally, they left happy hour, went to the friend's house, he typed up a quick little.
This is my last will and testament. This is who I'm leaving what to.
He basically had some choice words about certain family members.
He signed it and the two friends signed it. Right.
Okay. Now, on its face in the four corners of the document, was that a valid will? Well, arguably, yes, because it, it was signed and it had two witnesses and it stated what it was. But you know what ended up happening? Family members contested that, that will, trying to invalidate the will. The court then, I mean, the amount of cost that it. Between attorneys, the billable time of the attorneys, the. The court Appointing a professional curator to handle the estate and manage the estate while this was all being conducted, I can tell you that between all of the fees and everything, it was over $100,000, $100,000 plus in attorneys fees, curator fees, costs.
And to what end? If say that individual had actually gone to an attorney from the very beginning, everything would have been set out in the mean legal terms and using the terminology, but his wishes would have been known and his wishes would have been followed through with and it would have avoided a lengthy, multi year, very expensive litigation.
[00:45:49] Speaker B: Agreed, Alina. And I think that leads us into our last question here in just the last few minutes. Where can families find trustworthy licensed professionals for this kind of help?
[00:46:01] Speaker C: Look to your, your state bar association may have a referral service. Many of the count have their own bar associations.
So you can go to if you're, you know, Miami Dade County Bar association referral service, Lee County Bar Referral Service. Or you can go to, there's great services out there. Martindale hubbell, you have justicia.com elogado.com they, they, they have directories.
But you know what the best way is? Contact a friend or a family member, somebody you trust or even an acquaintance that you really admire and trust and ask them who do they use?
That's wonderful because it's the word of mouth and personal relationships that really count when you're dealing with something so important as your estate plan, ensuring that your family is taken care of.
[00:46:55] Speaker B: Great Alina, thank you so much for your time. I think this has been incredibly valuable for those that are watching and thank you for helping me to understand that I need to go take a better look at what I've left in my estate plan, which I haven't looked at for a very long time time. So I appreciate your call to action individually as well. Where can people follow your work and continue this conversation with you?
[00:47:19] Speaker C: Well, if you're looking for estate planning assistance or formal administration, you can go to my
[email protected] that's law L A W Everybody thinks I say love.
Or you can give me a call at 239-78-9-2533 on my website. You can contact me via the contact information or you can even set up a 15 minute telephone conference with me so we can see what your needs are and whether I'm a fit for it or if I can refer you to someone else.
[00:47:55] Speaker B: Alina, thank you for sharing such important guidance today. You've reminded us that true immigration security and individual security isn't just about our status, but it's generally about protection, planning, and informed decisions that we all need to sit down and consider.
We talked about building a legal foundation, protecting property, planning across borders or not, and staying safe from fraud. These steps don't just solve problems for us. They create stability and peace of mind for all of us.
To our viewers, remember that knowledge is power, and preparation today protects the people you love and yourself tomorrow. I'm Elizabeth Trifonis, and this has been Immigration Today on NOW Media Television, where informed families build stronger futures. Thank you.
