Many retirees and snowbirds move to Florida dreaming of warm weather and tax savings. But few realize that Florida’s unique estate planning laws can clash with documents created in another state. Whether you are moving from Georgia, New York, or anywhere else, your old plan might not work the way you expect once you unpack in the Sunshine State.
Florida has strict rules for wills and trusts. For example, a will needs two witnesses, and while notarization is not required, it makes the process smoother. Even if your will was valid elsewhere, you could face delays proving it in Florida courts.
Florida also has strong homestead laws that protect your primary home from creditors. However, these rules limit how you can leave your house if you have a surviving spouse or minor children. If you leave your home to someone else without updating your plan, your spouse might automatically get a life estate or other rights you did not intend.
Many people move to Florida to avoid state income and estate taxes. Florida does not have either, which is a major benefit. However, the federal estate tax still applies, so your plan might need updates to address that.
Another big surprise is that Florida limits who can serve as your personal representative (executor). If the person you named in another state does not live in Florida or is not closely related to you, they may not qualify under Florida law. This can lead to family conflict or extra legal costs.
At Schnauss Naugle Law, we understand that moving to Florida feels like starting fresh, but your estate plan needs to follow you. We help new Floridians review and update their wills, trusts, and powers of attorney to match Florida’s laws and avoid costly surprises later.
If you are wondering whether your current plan works here or you want to be sure your family stays protected, we can help you figure it out step by step. Contact our law firm by calling 904-643-6342. We are ready to guide you with clear answers and help you feel confident about your future in Florida.
