Should You Update Your Will When Moving to Florida?
More people moved to Florida last year than any other state. Whether they’re moving for work, for the weather or for retirement. If you already have a will or other estate planning documents in place, you might wonder whether you need to modify them once you become a Florida resident.
Here are a few of the issues that are most likely to come up:
- Will validity: Was the will valid in your previous state? If so, Florida is likely to recognize the validity of the will as well. Otherwise, your estate may be found intestate.
- Personal representative: You might run into an issue where the person you named to be your personal representative does not qualify under Florida law. They must be domiciled in Florida or related to you to serve as a personal representative of your Florida estate.
- Durable power of attorney: Under Florida law, there are many powers granted to an attorney-in-fact that must be specifically authorized by you, as the principal, so make sure you make the necessary adjustments to this document.
- Proof of will: Florida law requires wills to be admitted to probate in order to be deemed valid. If your signature is not acknowledged or the witness’ signatures are not sworn to before a notary at the time the will is executed, one witness may have to take an oath before a court clerk or other official to qualify the will to be admitted to probate.
- Homestead issues: Florida laws regarding homestead distribution are a bit unique. There are limitations as to the person to whom you may devise your homestead depending on who survives you upon your death. If you improperly devise your homestead under Florida law, the court will deem the devise void.
For more information about some issues that might make it work updating your estate plan after moving to Florida, contact an experienced attorney at BaumannKangas Estate Law.