Practical Steps to Protect Your Legacy from Hurricanes and Unexpected Events
By: Ryan G. Welker, Attorney, Woodward, Pires & Lombardo, P.A.
Introduction: Preparing for Life’s Storms
Living in Southwest Florida, we know that storm season is more than just a range of dates on the calendar—it’s a reality that shapes our routines and our sense of security. When a hurricane approaches, we board up windows, stock up on supplies, and check on our neighbors. But how many of us think to safeguard something just as crucial as our homes—our estate plans? Just as a sturdy roof keeps the rain out, a well-prepared estate plan can protect your loved ones and your legacy from life’s unexpected “weather events.”
Estate Planning and Unexpected Events: Don’t Wait for the Clouds
Hurricanes remind us that some things are out of our control. Estate planning is about taking charge of what you can. Imagine your will, trusts, and powers of attorney as your family’s emergency kit—they’re the tools that help your loved ones navigate the aftermath of any crisis, whether it’s a sudden storm, a health emergency, or an unexpected loss. Without these legal “umbrellas,” your family could face confusion, delays, and unnecessary expenses just when they need clarity and support the most.
Protecting Your Documents: What Happens If Disaster Strikes?
Physical estate planning documents are vulnerable—think of them like your insurance papers or property deeds. Hurricanes, floods, and fires can destroy safes and filing cabinets, leaving your wishes adrift. If your original will or other key documents are lost or damaged, Florida law has specific procedures for what happens next.
In Florida, if the original will cannot be found after someone passes away, the court assumes it was intentionally revoked—unless there’s clear evidence to the contrary. While it is possible to admit a copy of a lost will to probate, the process is more complicated and requires testimony from people familiar with the will’s contents or with how it was stored. The same goes for trusts and other estate planning documents. In short, losing your original paperwork can create a legal storm for your loved ones at the worst possible time.
Pro Tips for Safeguarding Your Plans
- Waterproof Storage: Keep your estate planning documents in a waterproof and fireproof safe. Choose a location above flood level if possible.
- Multiple Copies: Store copies in different places—one at home, one with your attorney, and perhaps one with a trusted family member or in a secure digital vault.
- Attorney Safes: Many estate planning attorneys in Southwest Florida offer to keep your original signed documents in their safes or vaults. This helps ensure your paperwork is protected and easily accessible when needed.
- Digital Backups: Scan your documents and store them securely online. While digital copies may not always be legally sufficient, they can help reconstruct your wishes if originals are destroyed.
- Communication: Tell your family or personal representatives where your important documents are kept and how to access them in an emergency.
Not Just About Asset Distribution: The Full Value of Estate Planning
Estate planning isn’t just about passing on property—it’s about making life easier for those you care about and you probably care a little bit about yourself while you are alive and well! In your plan, you can appoint powers of attorney to manage your finances if you become incapacitated, designate healthcare surrogates to make medical choices, and spell out your wishes for end-of-life care. These steps can help your family avoid lengthy court battles over guardianship or probate, providing comfort and clarity when it matters most.
Charitable Giving and Community Impact: Leaving a Legacy that Lasts
Southwest Florida’s beauty is one of its greatest treasures—and many residents choose to make a lasting impact through charitable giving as part of their estate plans. Including a favorite local charity, environmental organization, or community group in your estate plan (i.e. a Will or Trust) is a powerful way to ensure the region you love continues to thrive long after you’re gone. Your generosity can help preserve beaches, support disaster relief, or fund scholarships for local students, making your legacy a force for good that could last for generations!
Preparedness and Peace of Mind: Your Family’s Best Defense
The best time to prepare is before the winds pick up. Review your estate plan regularly—especially after major life events or changes in Florida law. Update documents as needed and make sure your loved ones are informed. A few hours spent now can mean the difference between calm and chaos down the road. Something tells me that achieving the peace of mind that I’m talking about is not as labor or time intensive as preparing for an actual storm that may be brewing somewhere over the horizon!
Think of estate planning like weatherproofing your home: it’s an investment in peace of mind. When the next storm looms on the horizon—literal or figurative—you’ll rest easier knowing you’ve done everything you can to protect your family, your community, and the legacy you leave behind.
So, as you check your hurricane kit this season, take a moment to check on your estate plan, too. It’s one more way to ensure that, come what may, your wishes will weather any storm.
Ryan G. Welker is an estate planning attorney at Woodward, Pires & Lombardo, P.A., working out of the Marco Island office. He is admitted to practice in both Florida and Ohio. Woodward, Pires & Lombardo has offices in Naples and on Marco Island.