How is estate planning I do while I live in Florida impacted when I move to another state?
Well, that’s a question that you’re gonna have to ask the out-of-state lawyer, whenever you move. It’s my recommendation that if you move to another state, that you consult with a lawyer in whatever state you become a resident, and ask him to review your estate planning documents. That’s something that I do routinely.
And then I get asked, the other question is, “Are my estate planning documents from Illinois, or some other state, valid in the state of Florida?” Most of the time, I look at those and say, “Well, the will would probably be effective. However, for me to review it and confirm that the aspects of the self-proving aspects, and also the personal representative, would be sufficient and Florida would have it admitted to probate, it would be easier in most circumstances just to do a new Florida will, particularly if there are any circumstances that have changed.”
Usually, a will that has been properly executed in another state is effective in Florida. However, you may want to modify it to Florida law, in order for the ease of administration when you pass away, and if it has to be admitted to probate. It is a good idea, though, to talk to an attorney in whatever state you reside, to have him review your estate planning documents.
Florida is peculiar in that we require the personal representative to either be a relative or a resident of the state of Florida, to serve as a personal representative, which may not be the case in your old document. There may be other laws that are peculiar to whatever state you move to, so that lawyer could tell you about that.
Also, we have different powers of attorney and how they must be executed, in Florida. Under a Florida power of attorney, we like to have two witnesses, so that we can use it to convey real property. Also, living wills and healthcare surrogates.
So, the short answer to the question is, consult with whatever attorney about estate planning documents, wherever you become a resident. And take with you your estate planning documents that you previously executed.
If you have any questions about this, please give me a call at 727-847-2288.