- Pamela Higer-Polani
- Jan 22, 2024
You probably did not consider yourself as a full-time resident of Florida
until you began attending at least one funeral (or Shiva) a month. If you also get
annoyed at double-parking, no restaurant tables available during “Season” and
the constant interruption of cable television or internet every time a tropical storm
blows through, then you are most likely a veritable resident of our State.
There are lots of great reasons to be declared a resident of Florida,
including the absence of both State Income Tax and Death Tax, along with
Homestead-protected property. All this, plus our booming tourism and tech
industries, combined with mild “winter” weather, seems to make everyone want
to move to Florida.
We are now the 2nd most populated State in America, with nearly 900
people per day becoming residents of the Sunshine State!
For some States, like Pennsylvania, you need to live there for at least one
year and others, like South Carolina, three years before achieving full-time
status. However, Florida’s legal standard of residency only requires you to be
domiciled here for at least 6 months, plus one day more than anywhere else.
To also ensure Florida residency status, you may want to:
1. File a declaration of Florida domicile and notify your old state of the move.
2. Make sure all of your investment account statements, driver’s licenses and
other legal documentation are moved to your Florida address.
3. Keep your important banking and investment relationships in Florida.
4. Establish your principal residence and voter’s registration in Florida.
5. Keep a travel log documenting your trips back and forth, so you can
demonstrate later you were indeed in Florida for more than six months and one
day.
However, as a native-born Floridian (yes, we do exist), I advocate that
certain incentives should also be created for those of us who still remember
when the Sawgrass Expressway had no lanes painted on it or why Palmetto
Bugs are called such. If you still remember Burdines or the cautionary poem
taught to school-age children in Florida about which snake is “safe for Jack”, then
you qualify.
For instance, restaurants should start providing “punch-cards” to those of
us who appreciate Florida all year long. For instance, if you frequent that locale
at least 5 times between May and September, then come October you get to be
seated without a wait!!! Another suggestion is that restaurants begin designating
a few tables reserved strictly for full-time residents of Florida.
I really am glad so many others share my opinion of our Wonderful State.
It would also be nice to not have to eat at 9 pm or resort to fast food drive through
just to be fed in a timely manner.
Welcome to Paradise!
- Pamela Higer-Polani
- Jan 22, 2024
I am wrongfully accused continuously, especially on social media, of being
"a nice person". I jokingly respond by saying that these comment must stop; they
are ruining my reputation as an attorney. What did I ever do to deserve such
accolades?
Well, after a lifetime of supporting many philanthropic endeavors, I
initiated and chaired for several years the Boca Walk to End Alzheimer's for the
Alzheimer's Association. A year later, I created a largely-attended Luncheon,
which has since become known as the "Brain Bowl", an event in which
professionals, advocates and caregivers come together to further support and
bring attention to those living with dementia, Alzheimer's and Parkinson's.
Lately, I learned a new word, “VOLUNESIA” : The Moment when you
forget you are volunteering to help change lives, because the process of doing so
has changed your own. This journey certainly has done just that for me, my
family and my law firm.
I do not have a family member diagnosed with Alzheimer’s. However, as a
South Florida native, born and raised here, I am involved simply because I love
our community and I want to see it thrive. Alzheimer’s has grown to be a huge
weed in our Garden of Eden, literally stealing the dignity and soul of our
neighbors, our friends, our loved ones.
As one person, I did not know what I could actually accomplish. However,
many incredible people quickly joined my efforts, demonstrating how working
towards a goal can empower oneself and energize the endeavors of everyone
involved.
As a lawyer and as a volunteer, I strive continuously to bring attention that
Alzheimer’s is hands-down the most expensive disease anyone will ever face, as
round-the-clock care is required for several years. Most people do not have the
financial, emotional or physical ability to handle that situation. Thereby, the
burden falls heavily on younger generations and taxpayers to meet this
overwhelming challenge. Yet, fundraising and awareness remains abysmally low.
I remain motivated to continuously do more by remembering that I was not
granted another day for my own purposes, but because someone out there
needs me. As Muhammad Ali once said, “Service to Others is the Rent that you
pay for your room here on Earth”.
Alone we can do so little, together we can do so much!!
Your time, your treasure or your talent—there is always something to give.
- Pamela Higer-Polani
- Jan 22, 2024
Graduations, July 4th Picnics, Lazy Days and exotic vacations are all what
make summertime a favorite season to many.
Likewise, additional downtime also makes this an ideal period to tackle
those long-time goals.
You know the ones. You dread doing these things, but as an adult, you
realize you must undertake: renovations on your house, making doctor
appointments, and, yes, Estate Planning.
Over the years, I have compiled a top 5 list of reasons that people provide
to not sign a Health Care Proxy “Living Will”, Durable Power of Attorney,
Revocable Trust or a Last Will & Testament:
1. I am superstitious and signing these documents will bring me bad
luck immediately.
My response: Sorry to skip ahead and tell you the ending of your Book of
Life, but it does not end well. Nothing you do will keep you from the inevitable.
However, creating your Estate documents provides you control in life and after
death that you will surrender if you do not address those issues now, while
capacitated.
2. What do I care what happens to me and my belongings when I die?
My response: A LOT!!! As the flight attendant always says at the
beginning of each trip, make sure to take care of yourself before attending to
others. Most elements of Estate Planning focus on YOU, ensuring your wants and
needs are met in YOUR lifetime. Remember, the flight attendant also says
sometimes how you better hold on tight because this trip might get bumpy? He is
referring to you, if you choose not to address Estate Planning issues properly.
3. Estate Planning costs too much money.
My response: In comparison to what? Guardianship? Probate? Obtaining
Court Orders for Declarative Actions? All of which will likely be needed if you do
not seek legal guidance. Pre-planning does not have to be expensive and the
money you will spend by doing it right will truly save you headaches, heartaches
and more money later.
4. I do not have enough assets over which to worry.
My response: YOU. You are your greatest asset. EVERY adult, including
your 19 year old son whose bills you still pay or your 21 year old daughter who is
still on your health care plan, should have a minimum of 4 Estate documents: a
Health Care Proxy (Living Will); Durable Power of Attorney; HIPAA; and Pre-Need Designation of Guardianship. Best Graduation present ever? A simple Estate package to ensure your granddaughter will always have the care she needs based on the documents she signed as a young adult.
5. I will worry about that if and when it is needed.
My response: Unless you hold a crystal ball, you just do not know when
that will be and by then it will be too late. The difference in legal rates is similar to
seeing a doctor for a wellness check-up and being rushed to that same doctor for
an emergency. The price difference is huge. Take the time to address these
issues now while you can still control the process, rather than having the process
control you.
If you DO have a crystal ball, we should talk. There is an investment that I
am considering….
So, Please, BEFORE Your Troubles Hit the Fan, Make Sure to Create
Your Estate Plan!!!