Florida continues to welcome thousands of new residents each year for sunshine, opportunity, and a lower cost of living. If you recently moved, you may assume your estate plan travels with you. Unfortunately, documents drafted in another state often overlook important Florida requirements. Here is how to protect your legacy and ensure your wishes are honored.
Re‑Execute Your Will Under Florida Rules
Florida law requires certain formalities to be valid, for example signing your will in the presence of two witnesses who must also sign together. Most clients also add a self‑proving affidavit before a notary to streamline probate. Rather than relying on an out‑of‑state document, meet with a Florida estate planning attorney to review and re‑sign your will so it complies with local rules.
Refresh Your Living Trust and Successor Trustees
While not necessary, as your trust remains valid even as you cross state line, consider naming a successor trustee who lives nearby or hiring a professional fiduciary familiar with Florida trust law. Updating your trustee line‑up ensures a smooth transition and keeps your plan in sync with the Sunshine State’s unique rules.
Secure Your Agents With Florida Powers of Attorney and Health Care Directives
Florida’s power of attorney and health care advance directive laws impose specific signing requirements and optional safeguards. Execute new documents so your chosen agents can handle finances and medical decisions without delay if you are unable to act.
Retitle Real Estate and Update Beneficiary Designations
Whether you own a beach condo or a suburban home, consider strategies that allow your property to pass outside probate. Enhanced life‑estate deeds (often called “Lady Bird Deeds”) together with properly funded trusts are popular tools in Florida. At the same time, review retirement accounts, life insurance, and payable‑on‑death bank accounts to be sure beneficiaries reflect your current wishes.
Anchor Your Legacy in Florida
Moving should feel like a fresh start, not a legal headache. By re‑executing your will, refreshing trusts, securing powers of attorney, retitling property, and confirming beneficiaries, you gain confidence that your estate plan truly fits your Florida life.
Ready to make sure your plan works here and now?
Schedule an Estate Protection Planning Session with Blue Mahoe Law today. We’re here to help ensure that your documents work exactly as you intend, no matter where you reside.
