The United States was founded by immigrants, and this could be one reason that American laws are designed to allow non-citizens living in the country to obtain some of the benefits of American society and culture. However, non-citizens do not have exactly the same rights as American citizens do in Florida or in any other state. One example is how estate planning laws treat non-citizen spouses differently.
QDOTs can be effective estate planning strategy for non-citizens
Paul Walker started estate planning early
Many individuals likely remember the Fast & Furious movie series and their high-speed chase scenes. This is why many people in Florida were shocked when they heard about how the star of the movie series, Paul Walker, died. The movie star apparently died in a car crash where his vehicle was traveling more than 100 mph. Despite the tragic accident, Walker's death has also shown that he made some good estate planning moves.
Use of Preneed Guardian Designations
An individual's personal decision to name a preneed guardian may prove to be vitally important. A competent adult is permitted to select a preneed guardian by making a written declaration that names a specific guardian to serve in the event of the person's incapacity. Section 744.3045(1), Florida Statutes. In the event that a proceeding to determine incapacity is initiated, a valid written declaration naming preneed guardian constitutes a, "rebuttable presumption that the preneed guardian is entitled to serve as guardian." Fla. Stat. 744.3045(4), Florida Statutes. However, a Court is not bound to appoint the preneed guardian if such person is found to be "unqualified" to serve as guardian.
Estate planning can provide security and certainty in Florida
There is nothing better than having peace of mind. In a tumultuous world full of unexpected surprises, it is no wonder that people in Florida are constantly searching for a sense of security and certainty. A fatal incident can occur at anytime and can come unexpectedly. Fortunately, estate planning can help people gain a sense of certainty by ensuring their assets will be given to their intended heirs after their death.
Living wills are important part of estate planning in Florida
Most people do not like to talk about what to do in the event that an individual is incapacitated in an unfortunate incident. This is an uncomfortable topic which many people will try to avoid at all costs. However, avoiding the issue can create even more problems for loved ones and can be potentially detrimental to family unity. Many estate planning professionals in Florida have witnessed countless families being torn apart by those who fail to create a living will.