Hurricane Season and Your Estate Plan: Are Your Documents Safe and Accessible?
Living in Florida means living with hurricanes. We know the drill: stock up on water and non-perishables, check the generator, fill the gas tank, board up the windows. We prepare our homes, our families, our pets.
But how many of us have prepared our estate planning documents?
Every year, storms destroy homes and scatter families. In the chaos of evacuation and aftermath, critical documents can be lost, damaged, or impossible to access. And in the worst-case scenario, when a family member is injured or killed, having immediate access to the right documents can be the difference between order and chaos.
September is National Preparedness Month, and peak hurricane season. It’s the perfect time to make sure your estate plan is storm-ready.
What Could Go Wrong?
Consider these scenarios:
Your documents are destroyed. Your original will, trust, and powers of attorney are in a filing cabinet that floods. Or in a safe that survives the storm but not the fire that follows. Without originals, proving the validity of your documents becomes much more difficult.
Your documents are inaccessible. You evacuated to another city, and your documents are in a safe deposit box at a bank that’s now underwater—or without power—or simply closed indefinitely.
No one knows where your documents are. You’re in the hospital after the storm. Your family is trying to help, but they don’t know where you keep your Power of Attorney. They can’t access your accounts, make medical decisions, or even find your insurance information.
Your documents are outdated. You created a will 15 years ago. Since then, you’ve moved to Florida, remarried, had grandchildren, and your named executor has passed away. In the chaos of a storm, those outdated documents could create more problems than they solve.
Protecting Your Physical Documents
Original documents matter. While copies can be useful, many institutions require (or strongly prefer) originals. Here’s how to protect them:
1. Use a Fireproof, Waterproof Safe
A quality home safe rated for both fire and water protection is one of the best investments you can make. Look for safes rated for at least one hour of fire protection and waterproof to a reasonable depth. Keep it in a location that’s unlikely to flood (not the garage floor).
2. Consider Off-Site Storage
A safe deposit box at a bank provides excellent protection—but comes with access limitations. If you evacuate or the bank loses power, you may not be able to get to your documents when you need them. If you use a safe deposit box, also keep copies at home or with your attorney.
3. Store Documents with Your Attorney
Many estate planning attorneys offer document storage services. Your originals are kept in a secure, climate-controlled facility—and your attorney can provide copies when needed. This is particularly valuable for wills, which Florida courts prefer in original form.
Creating Digital Backups
While originals are important, digital copies provide crucial backup access. Here’s how to create a digital safety net:
1. Scan Everything
Create high-quality PDF scans of all your estate planning documents:
• Will or trust
• Powers of attorney
• Health care surrogate designation
• Living will
• HIPAA authorization
• Deeds and titles
• Insurance policies
• Beneficiary designations
2. Store Copies in the Cloud
Use a secure cloud storage service (Google Drive, Dropbox, iCloud) to store your scanned documents. This ensures you can access them from anywhere—even if you’re evacuating with nothing but your phone.
Make sure your cloud storage is password-protected and that trusted family members know how to access it.
3. Share Access with Key People
Your Power of Attorney agent, Health Care Surrogate, and executor should all have copies of the relevant documents—or know exactly how to access them. Don’t assume they’ll figure it out during a crisis.
Create an Emergency Information Sheet
In addition to your legal documents, create a one-page emergency information sheet that includes:
• Names and contact information for your attorney, financial advisor, insurance agent
• List of all insurance policies with policy numbers
• Bank and investment account information
• Location of original documents
• Names of your Power of Attorney agent, Health Care Surrogate, and executor
• Any critical medical information
Keep this sheet with your emergency supplies, and make sure family members have copies.
What If Your Documents Are Destroyed?
If a storm destroys your original documents, don’t panic—but do act quickly:
Contact your attorney. If your attorney has copies on file, they can help you obtain new originals or, in some cases, work with copies.
Re-execute your documents. In many cases, the simplest solution is to sign new documents. This ensures you have valid originals going forward.
Document the loss. If you need to prove that original documents existed (for example, for a lost will), having copies, photos, and testimony from witnesses can help.
Is Your Estate Plan Current?
Hurricane season is also a good reminder to review your estate plan. Ask yourself:
• Are my documents still valid in Florida? (Out-of-state documents may have limitations)
• Are my named agents and beneficiaries still the right people?
• Have there been major life changes since I last updated my plan?
• Do my documents reflect my current wishes?
• Have Florida laws changed since my documents were created?
If it’s been more than a few years since you reviewed your plan—or if you’ve moved to Florida from another state—now is the time for a comprehensive review.
Prepare Now, Before the Storm
At The Law Offices of Mark F. Moss, we help Florida families prepare for the unexpected—whether that’s a hurricane, an illness, or simply the passage of time. If you need to create, update, or replace your estate planning documents, we’re here to help.
Don’t wait until a storm is in the Gulf. Take care of your planning now, while there’s still time.
Contact us at 904-329-7242 or visit markmosslaw.com to schedule a consultation.
Disclaimer: Reading this blog post does not create an attorney-client relationship and is not legal or tax advice. This is for informational purposes only. It is best to speak with an attorney or tax professional about your specific situation, questions, assets, concerns, and needs.