Over the last several years, people have been flocking to Florida in droves. This is no surprise; after all, there are many advantages to living in the sunshine state. However, one thing that many people overlook when moving to a new state is estate planning. Therefore, after moving to a new state, it is important to review (and possibly update) your estate plan. In this article, we discuss updating an estate plan after moving to Florida.
Reasons to Review Your Estate Plan After Moving
In Florida, a will and living trust are legally valid if they were properly executed in another state. However, even if you have an estate plan that was validly executed pursuant to another state’s laws, you should still review your estate plan after moving to Florida. Specifically, you should review your estate plan to ensure the following:
Your personal representative qualifies under Florida law: In Florida, your personal representative, also known as an executor, must either be a Florida resident or a relative of yours. If your personal representative does not meet either of these qualifications, then the court may appoint someone to serve in this role.
Your estate plan takes Florida’s laws and probate rules into account: Every state has its own probate and estate planning laws. Therefore, you should review your entire plan to ensure that it complies with Florida’s unique laws and rules.
Your will has been self-proved: If your will is not self-proved pursuant to Florida law prior to your death, then those who witnessed your will must sign oaths before an official of the court and swear that the will was signed in their presence.
Your advanced healthcare directives and powers of attorney adhere to state laws: Finally, advance healthcare directives and powers of attorney often have state-specific requirements. Given the importance of these documents, which outline your healthcare and financial wishes in case of your incapacitation, you should make efforts to ensure that they are legally enforceable in the state of Florida.
Additional Reasons to Review & Update Your Estate Plan
Although you should review and update your estate plan when you move to Florida, this isn’t the only reason to do so. Common reasons to review and update your estate plan include:
- The birth of a child
- The purchase of a new property
- A change in your financial situation
- The development of health issues
Contact a Florida Estate Planning Lawyer
If you recently moved to Florida, the Law Office of Angela Siegel is here to help you review and update your estate plan. When you come to us for assistance, founding attorney Angela Siegel will ensure that your estate plan meets your unique needs. Please contact us to schedule a free and confidential consultation with our talented estate planning lawyer.