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Relocating from New York to Florida is an exciting step for many individuals and families—whether for retirement, lifestyle, or financial reasons. But when you change your primary residence, your estate plan does not automatically adjust with you. At the Law Office of Angela Siegel, we regularly advise clients who divide their time between New York and Florida or who permanently relocate to the Sunshine State. Understanding how your move may affect your wills, trusts, powers of attorney, and overall tax planning is critical to ensuring your wishes are respected in both states.
Different State Laws Mean Different Estate Planning Rules
Estate planning documents—such as wills, trusts, health care proxies, and powers of attorney—are governed by state law. That means your carefully prepared New York documents may not align perfectly with Florida’s requirements.
For example:
- Wills: A will executed in New York is generally valid in Florida, but Florida’s witness and notarization rules are more rigid. Without updates, your will could face unnecessary challenges in Florida probate court.
- Trusts: Trusts are portable, but administration rules can vary. If you have a revocable living trust established in New York, reviewing it with Florida law in mind is important, especially if Florida property or residency is involved.
- Health Care Documents: Florida has its own forms for living wills and health care surrogates. Hospitals and doctors in Florida may be unfamiliar with New York’s terminology, creating confusion in an emergency.
- Powers of Attorney: Financial powers of attorney are especially state-specific. A bank or financial institution in Florida may refuse to honor a New York form if it does not conform to Florida law.
Florida Probate vs. New York Probate
One of the biggest differences when moving to Florida is how probate is handled.
- New York Probate: Can be relatively efficient if you own property only in New York, but delays may occur with larger or contested estates.
- Florida Probate: The process is generally more formal and can be lengthy. If you own property in both states, your estate may be subject to probate in both jurisdictions—what’s known as “ancillary probate.”
This is why many New York transplants choose to update their estate plans to avoid dual probate proceedings. A Florida-compliant trust, for instance, can help consolidate assets and streamline administration.
Tax Considerations for New York and Florida Residents
Florida is famous for having no state income tax and no state estate tax, which can create significant savings. But if you maintain ties to New York, the situation becomes more complex.
- New York Estate Tax: New York imposes an estate tax on estates valued above its exemption threshold. If you are still considered a New York resident—or if you own property there—your estate could still be subject to this tax.
- Residency Rules: New York has strict rules for determining residency for tax purposes. Simply spending time in Florida does not guarantee freedom from New York income or estate tax exposure.
- Planning Ahead: Careful planning, including trusts, residency declarations, and property titling, can minimize risks of double taxation or conflicting tax obligations.
Why You Need to Update Your Estate Plan When You Move
Too often, people assume that their New York estate plan is “good enough” when they relocate to Florida. Unfortunately, this can lead to complications:
- Florida probate courts may reject documents that do not meet state requirements.
- Banks and health care providers may refuse to honor out-of-state powers of attorney or medical directives.
- Your family could face dual probate in both New York and Florida.
- Tax authorities in New York may claim you never officially changed your residency, leading to costly disputes.
Updating your estate plan is not about starting over—it’s about adapting your existing plan so it works seamlessly in your new home state.
Steps to Take When Relocating
If you are considering or have already moved from New York to Florida, here are proactive steps to protect your estate:
- Review your will and trusts for Florida compliance.
- Update powers of attorney and health care directives to Florida forms.
- Reassess your tax exposure in both New York and Florida.
- Confirm that your residency is legally established in Florida to avoid New York tax complications.
- Consider consolidating property and assets to minimize the risk of ancillary probate.
- Meet with an attorney licensed in both New York and Florida for seamless planning.
Secure Your Future Before and After the Move
Your estate plan should move with you. Transitioning from New York to Florida is more than just a change in scenery—it’s a change in the legal framework that governs your future. By reviewing and updating your estate planning documents, you can ensure your assets are protected, your loved ones are cared for, and your wishes are honored in your new home state.
At the Law Office of Angela Siegel, we help clients navigate the complexities of maintaining estate plans across New York and Florida. Whether you are splitting time between both states or making a permanent move, we can help you update your documents, protect your assets, and reduce tax burdens. Contact us today to schedule a consultation and ensure your estate plan works for you—no matter where you call home.