Have you started your Florida estate planning yet? Most people begin their estate planning with a will and consideration of the people and organizations who should be gifted their assets upon death. But, many people tend to overlook several other important factors that should be included in your Florida will as well.
Here are some of the most important ones to consider:
- Living Will: Under Florida Probate law, one can prepare a written declaration that specifies their wishes as to the use of life-prolonging procedures. This means that, should the individual need life support in order to stay alive, you can clearly state if, and how long, you wish to be on life support.
- Power of Attorney: This document can assist in handling the property of a Florida resident who has become incapacitated without having to open a Florida guardianship proceeding in court. This is especially valuable tool for protecting the assets of an incapacitated person in Florida.
- State-to-State Transfers: If you have moved to Florida from another state, it is wise to make sure that your estate planning documents are properly executed in accordance with the wills and trust laws of Florida. Further, you must make sure that you have witnesses available to prove your will in Florida and that the executor, or personal representative, that you choose is qualified to serve in Florida.
- Health Care Surrogate: Estate planning laws in Florida allow individuals to designate a person to make health care decisions for them when the individual may not be able to do so. This can be incredibly valuable but is often overlooked.
- “Pre-Need” Guardian Designation: Florida also allows you to designate a person who could be appointed guardian over you should you become incapacitated and/or over your children should you become incapacitated or upon your death. This is very important because, if you fail to designate a guardian, the court will do so for you if and when it becomes necessary.
Any West Palm Beach Probate litigation attorney will tell you that these factors come up more frequently that one may think. What’s the best way to deal with those scenarios? Address them head on with sufficient preparation and proper Florida estate planning.
See http://www.pankauskilawfirm.com/ for videos and information on Wills in Florida, Florida Probate Law, Estate Planning, and Estate Administration in Florida.