Here is a question we get all of the time:
I’ve moved to Florida. Do I need new estate planning documents?
Here’s the classic attorney answer:
It depends.
The only way to determine if your out-of-state wills, trusts or associated advance directives will serve your needs now that you are a Florida resident is to have them reviewed by a Florida estate planning attorney.
Here are some important considerations:
- Are your out-of-state documents signed in accordance with Florida requirements? Do they have two witnesses and a notary? Were they signed in accordance with the laws in the state where you previously resided? A review of your documents will determine if the manner in which they were signed will be satisfactory under Florida law.
- Have your circumstances changed? Do you still own real estate in another state? Do you need to update the persons you have named in your documents or appointed as your fiduciaries to act for you? Have your assets changed over the years? All of these are very important aspects of a good estate planning review.
Now that you are a Florida resident, contact me for an appointment for a review of your out-of-state documents before you simply unpack them, put them in a convenient drawer and forget about them until the need arises – which is sadly too late in many cases.
