Q: I have recently retired and relocated to Florida, but my Will was drafted and executed in another state. Do I need to update my documents?
This is a good question and one I often answer in my practice. Most people who establish Wills understand these documents should be updated after significant life changes such as getting married, having kids, or filing for divorce but not everyone considers tweaking their Wills after they relocate to another state, and they should.
Most Estate Plans retain their validity across state lines, however, there are occasions when adjustments are called for because of unique state laws pertaining to Estate Planning documents such as Wills, Trusts, Power of Attorneys, and Health Care Surrogate/Advance Medical Directives. The most common things I see are Powers of Attorney that don’t comport with Florida law, Trusts lacking the necessary language for the Homestead Exemption, specific bequests in Wills that no longer exist or Personal Representatives that are not qualified in Florida.
Those are just a few examples, there are many more. I always recommend that you find a new Estate Planning Attorney in your new state of residence to review your current documents to check they are still valid and make changes where needed.
Heidi S. Webb, Attorney at Law, serves clients in Daytona Beach, Ormond Beach, Port Orange, Melbourne, and beyond with matters of Elder Law, Estate Planning, and Probate Law.
Contact her today to schedule a free consultation. Visit her page on Facebook, or see what her clients are saying to learn more about Heidi.