I have said in previous blog posts that estate planning documents should be reviewed when you relocate to a new state and this is still true. This post will address three things that need to be reviewed and edited if you have moved to the Sunshine State.
Trust and Last Will & Testament
Florida law generally requires that both a trust and a last will be executed by signing the document at the end or acknowledging your signature in the presence of two witnesses and a Notary. The witnesses must sign in your presence and in the presence of each other. I find Florida’s requirements to be among the most stringent and so this aspect should be reviewed to streamline the process should your heirs require Probate after your passing.
Executor/Personal Representative
Florida law requires that your Personal Representative [called Executor in many states] must be either a Florida resident at the time of your death or blood relative or adopted child or parent. Therefore, if you have named a neighbor, friend, or even your spouse’s relative and that person resides in the state of your prior residence, they may not be qualified to serve as a personal representative in the state of Florida.
Power of Attorney
Florida statutes provide that a power of attorney executed in another state is valid if the power of attorney and its execution complied with the state’s law of execution when it was executed. Florida has some unique requirements for powers of attorney that may make part, or all, of your power of attorney ineffective in this state, so it’s critical to review this document with a qualified estate planning attorney.
Heidi S. Webb, Attorney at Law, serves clients all over the state of Florida with Estate Planning and Probate. She has an office in Daytona Beach but can meet via phone or Zoom with clients statewide. 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 at www.heidiwebb.com.
