If you spend part of the year soaking up Florida sunshine and the rest up north, you’re probably a “snowbird.” While this lifestyle offers the best of both worlds, it can also make estate planning more complex. If you own property in two or more states, having the right legal documents in place is critical to avoid complications down the road.
Here in Daytona Beach, I work with many seasonal residents who need help managing their estate plans across state lines. If you’re a snowbird, understanding how your assets are handled in multiple states is key to protecting your legacy and avoiding delays for your loved ones.
What Snowbirds Should Know About Estate Planning
Owning homes in multiple states might sound like a dream, but it can create serious legal headaches if your estate isn’t structured properly. Here are a few common challenges:
Ancillary Probate
If you pass away owning property outside of your home state, your family may need to go through ancillary probate in that other state, on top of probate in your primary state. This means added delays, legal fees, and stress for your heirs.
Domicile Determination
Establishing your legal domicile—your permanent home—isn’t just a technicality. Florida offers powerful tax and legal benefits to residents. But just spending winters here isn’t enough. You need to update your driver’s license, voter registration, and even your will to clearly establish Florida as your home base.
Healthcare Directives Across States
Each state has its own rules for healthcare directives and powers of attorney. A document prepared in one state may not be valid in another. To make sure your wishes are respected no matter where you are, you may need legally recognized versions for both states.
Tips for Smooth Estate Planning Across State Lines
Fortunately, there are smart legal tools that can make things easier:
- Consider a Revocable Living Trust
Place both your Florida and out-of-state real estate into a trust to avoid multiple probate proceedings. - Update Your Will
Ensure it clearly states your Florida residence and complies with Florida law. This helps prove residency and supports your estate plan in court if needed. - Work With Attorneys in Both States
Because laws vary, having counsel in each jurisdiction ensures all documents are valid and aligned.
Why Declaring Florida as Your Primary Residence Matters
If you qualify as a Florida resident, the benefits extend far beyond the warm weather:
- No State Income Tax – Florida doesn’t tax income, saving you money annually.
- Homestead Exemption – Florida’s homestead laws can reduce property taxes and provide strong creditor protections.
- Simplified Probate – Florida residents may benefit from a faster and less expensive probate process for Florida assets.
Final Thoughts
Estate planning for snowbirds doesn’t have to be overwhelming. With the right strategy, you can enjoy your dual-state lifestyle without leaving a legal mess behind.
If you’re a snowbird living part-time in Daytona Beach, contact my office to discuss how we can align your estate plan with your unique situation.
Heidi S. Webb, Attorney at Law proudly serves clients in Daytona Beach, Ormond Beach, Port Orange, and beyond with compassionate and comprehensive estate planning services.
Heidi S. Webb, Attorney at Law, proudly serves clients in Daytona Beach, Ormond Beach, Port Orange, and beyond with compassionate and comprehensive estate planning services. Let’s work together to protect what matters most to you. 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.
