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In addition to estate planning for the contemplation of minor children, there are basic estate planning and incapacity planning questions that need to be thought through and planned regardless of whether or not young children are involved, such as:
1) Who should make financial and health decisions for the parent(s) if one or both becomes incapacitated? The parent(s) need his/her/their own durable power of attorney, living will and health care surrogate designation (even if they are married).
2) If the worst should happen in the event of death of the parent(s), who will be the personal representative (Florida’s term for “executor”) in the Will.
3) What type of funeral/burial arrangements are desired?
4) Is avoiding probate important to you?
For more information see our Florida Estate Planning Checklist.