Regrouping After A Major Hurricane: An Estate Planning Lawyer’s Perspective
Estate planning lawyers operate on the assumption that the goal of estate planning is not to die with the most money or to share the least amount of one’s money with the IRS, but rather to make things less stressful for you and your loved ones in the face of adverse events. The usual adverse events that estate planning lawyers have in mind are illness and death, but in Florida there is another adverse event that is never too far away, at least not during daylight saving’s time, namely hurricanes. Florida has witnessed at least one hurricane or tropical storm per year for as long as anyone can remember, and the warm waters of the Atlantic Ocean and the Gulf of Mexico do not seem like they are about to take a break anytime soon. A well written estate plan in Florida means one that addresses not only the possibility of ill health but also the possibility of hurricane-related adversity, financial and otherwise. For help buttressing your estate plan before the next major hurricane hits Florida, contact a Tampa estate planning lawyer.
If Your House Got Destroyed in a Hurricane, Would You Still Be Able to Find Your Estate Planning Documents?
Once you type your will, print it, and sign it in the presence of two witnesses, you are right to feel a sense of accomplishment, but your work is not done yet. You must keep your original will in a truly safe place. If the personal representative shows up in probate court with a screenshot of your will, the probate court will act as if you died intestate; even a legal battle will not make that screenshot, or even a PDF, replace a paper will.
You might be feeling chuffed with yourself if you know exactly which of the cardboard boxes in your garage contains your will, but consider this reality check. If your will is in a cardboard box in your garage, and your garage is in the path of hurricane flood damage, good luck persuading the probate court that your will ever existed and that it is legally valid. Instead, the best place to keep your will is in a container that would float to safety, its contents protected, even if a hurricane washed away your entire you; think a metal box with an airtight seal. Better yet, keep your will in a safe deposit box or in a law office one or more flights above the ground floor in an office building.
Reducing Stress for Your Caregivers After a Hurricane Emergency
Your will is only part of your estate plan. Even more important is communicating your wishes to your caregivers and loved ones. With hurricane plans, emails are better than nothing. Write to your relatives about what you want them to do if you lose your house in a hurricane, or are temporarily displaced from it, when you are in a vulnerable state of health. What are your wishes about home renovations? Under what circumstances should they sell the house at a loss? What are your first, second, and third choices for long-term care if the original facility you chose gets destroyed?
Contact David Toback About Estate Planning in Low-Lying Areas
A Central Florida estate planning lawyer can help you build an estate plan to weather any storm, even a category five hurricane. Contact David Toback in Tampa, Florida to set up a consultation.
