The essential elements of a standard estate plan are a Last Will and Testament, Power of Attorney and Advanced Medical Directive (also called a "Living Will"). If you are recently divorced, you likely need to update your estate plan. You probably do not want your former spouse to have power of attorney over your finances or decision making authority over whether you receive life sustaining treatment. If you are recently remarried, you too, may also benefit from a review of your estate planning documents. If you have had recent additions to your family, then you need to make sure you have a plan in place for your children's future.
Caring for your family necessarily includes ensuring your spouse and/or children are protected in the event of the unthinkable. If you have children, it is essential for parents to decide who will take care of minor children in the event both parents are deceased. Under Florida law, if one parent dies, the other parent automatically becomes the exclusive legal custodian. But, if the remaining parent subsequently dies also, absent a will that names a guardian, a Judge would decide which extended family member should be the legal guardian. Although this circumstance is unlikely, you can imagine the confusion and disputes that could arise among extended family in the midst of such a tragedy. Don't leave your children's future uncertain. Call us to discuss your options and we will prepare an estate plan that is customized to your unique situation.