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Florida, Argentina Attorneys in related practice areas.
Private Client law covers the legal needs of individuals and families with respect to their personal affairs and private wealth. In Florida, Argentina, this typically includes estate planning, wills, succession and inheritance matters, powers of attorney, asset protection, family-business succession, tax planning for personal assets, and matters relating to incapacity and elder care. Work in this area intersects with national rules under the Argentine Civil and Commercial Code and with provincial and municipal regulations that affect property, registries and certain taxes. Notarial practice - through escribanos - is central to many transactions, and lawyers and escribanos often work together to create enforceable, public documents.
People consult Private Client lawyers for many reasons. Common situations include:
- Creating or updating a will to ensure assets pass according to your wishes and to reduce risk of family disputes.
- Planning succession for a family business so the company continues operating and tax exposure is managed.
- Establishing powers of attorney and advance directives so trusted persons can act on your behalf if you become incapacitated.
- Using a fideicomiso or other structures to manage or protect assets, including property or investments held in Argentina.
- Managing cross-border issues when you or your heirs have assets or residency in other countries.
- Addressing disputes among heirs, challenging or defending wills, or handling probate and succession procedures.
- Seeking advice on tax implications of wealth, transfers on death, and compliance with wealth tax or reporting obligations.
- Dealing with elder-law issues such as guardianship, long-term care planning, or protection from financial abuse.
Key legal aspects relevant to Private Client matters in Florida, Argentina include the following:
- Civil and Commercial Code - National law governs core areas like succession, wills and family law. It sets out formal requirements for valid wills, rules on forced inheritances for close relatives, and general property rules.
- Notarial regime - Many instruments that affect ownership or succession must be drawn up or authenticated by an escribano - a public notary who prepares public deeds and registers certain acts.
- Succession rules and forced heirship - Close family members typically have legally reserved portions or rights that limit complete disinheritance. The exact reserved shares and procedures follow the Civil and Commercial Code and established case law.
- Marital property regimes - Couples can contract different matrimonial property regimes. The chosen regime affects asset ownership during marriage and how assets are divided on death or separation.
- Registries - Real property, vehicles and certain rights are recorded in provincial registries. Title searches and registrations are critical when transferring real estate or checking encumbrances.
- Taxation and reporting - National taxes that commonly affect private clients include income tax and the personal assets tax. Provincial and municipal levies or transfer taxes may apply to property transfers or succession administration. Tax consequences vary by province and by whether assets are domestic or foreign.
- Trust-like instruments - Argentina uses the fideicomiso - a flexible vehicle for asset management and protection. It differs from common-law trusts and is regulated under Argentine law.
- Cross-border matters - International elements bring additional complexity such as recognition of foreign wills, double taxation issues, foreign probate procedures and the need to comply with foreign registration or reporting rules.
Yes. Foreigners may inherit and own property in Argentina, subject to the same formal requirements that apply to residents. You should confirm registration requirements with the provincial property registry and consider tax and reporting obligations in Argentina and in your home country.
Wills are subject to formal requirements under Argentine law. Commonly, a will must be made before an escribano in a public deed or meet other statutory formats. Verbal wills may be allowed only in very limited emergency situations. Working with an abogado and an escribano helps ensure validity and proper registration if available.
A fideicomiso is a contractual arrangement where one party transfers assets to a trustee to manage for the benefit of designated beneficiaries. It is used for estate planning, asset management, property development, and to centralize administration of assets. A fideicomiso in Argentina is different from a common-law trust and needs to be structured with local legal and tax advice.
Yes. Argentine succession law includes protections for close relatives - such as children and spouses - who may be entitled to reserved portions. These rules restrict complete disinheritance for certain heirs. A lawyer can advise on how these rules apply to your situation and on planning options within the legal framework.
Both are often involved. An abogado specializing in private client or succession law advises on legal strategy, drafting clauses and tax impact. An escribano is typically required to formalize certain documents as public deeds, such as a public will or property transfers. Using both professionals reduces the risk of defects and helps with registration requirements.
Timing varies widely depending on complexity, whether there are disputes, the types of assets and whether assets need to be located abroad. Simple, uncontested successions can take a matter of months, while contested estates or those involving foreign assets may take a year or more. Administrative and registry delays can also affect timing.
Yes. Powers of attorney - poderes - are commonly used to allow trusted persons to manage finances, health decisions or business affairs. Formalities vary, and notarization is often required for acceptance by banks or registries. Consider durable powers designed to remain effective if you become incapacitated, and review them periodically.
Key tax issues include the personal assets tax and income tax implications on transfers, plus any provincial or municipal taxes that may apply to property transfers or succession proceedings. Cross-border assets may trigger reporting and tax obligations in more than one jurisdiction. Consult a tax advisor or abogado with tax expertise to assess liabilities and filing requirements.
Succession for family businesses requires early planning to address continuity, governance, valuation and tax treatment. Options include buy-sell agreements, corporate restructuring, appointment of managers or trustees, and use of instruments like fideicomisos. Clear documentation and communication with family members reduce the risk of disputes after a key owner dies or becomes incapacitated.
If a will is contested, seek legal advice promptly. Grounds for contest may include lack of capacity, undue influence, improper formalities or claims by reserved heirs. A lawyer will assess the merits, advise on mediation or litigation, preserve evidence, and represent you in court if necessary. Early intervention helps protect assets and legal rights.
When seeking help with Private Client issues in Florida, Argentina, consider contacting or consulting with the following types of organizations and authorities in your area:
- Local Colegio de Abogados - for referrals to qualified abogados specialized in succession, family and tax matters.
- Colegio de Escribanos - for notarization, preparation and recording of public deeds and wills.
- Provincial Registro de la Propiedad Inmueble - to check land titles, encumbrances and registration requirements for real estate.
- National tax authority - Administración Federal de Ingresos Públicos (AFIP) - for information on taxation and reporting obligations.
- Provincial or municipal tax offices - for local taxes or transfer duties that may apply to property or succession.
- Banks and financial institutions - for guidance on account agreements, signatory requirements and document acceptance for powers of attorney.
- Independent tax advisors or accountants - for tailored planning on wealth tax, reporting and cross-border issues.
If you need legal assistance with Private Client matters in Florida, Argentina, follow these steps:
- Clarify your goals - Decide what you want to achieve such as making a will, protecting assets, passing on a business, or planning for incapacity.
- Gather documents - Collect identity documents, property titles, company papers, previous wills, bank statements, tax filings and any existing powers of attorney.
- Seek a consultation - Contact an abogado experienced in private client, succession and tax law and an escribano if you anticipate needing a public deed. Ask about experience with cases like yours, fees and timescales.
- Ask the right questions - In your first meeting, discuss succession strategy, tax implications, required formalities, options for protecting minors or vulnerable beneficiaries, and cross-border considerations if relevant.
- Formalize documents - Work with your lawyer and escribano to prepare and notarize wills, powers of attorney, fideicomisos or corporate documents. Make sure documents are registered where required.
- Review periodically - Life and law change. Review estate plans after major events such as marriage, divorce, births, deaths, moves abroad or material changes in assets.
Getting local professional advice early helps reduce risks, ensures compliance with Argentine formalities and provides peace of mind that your affairs are in order.
