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Attention New Florida Residents: Transferring Your Estate Plan

Florida is one of the most populated and fastest-growing states in the United States. In fact, according to the U.S. Census Bureau, Florida’s population increased by over 700,000 between 2020 and 2022. If you’re one of those fortunate enough to have moved to the wonderful state of Florida, this blog is for you. For the most part, estate plans transfer to Florida just fine. There are, however, a few potential problems you’ll want to pay close attention to.


Out-of-state Last Wills and Trusts generally hold up well when transferred to Florida. However, a few aspects of your Last Will and Trust should be checked to ensure your assets are transferred quickly and smoothly. For example, the Self-Proof Affidavit, a provision common in Last Wills, is an important provision that you’ll want to double check. This affidavit allows for your Last Will to be admitted to probate seamlessly without requiring further proof that will prolong the probate process. There are a few states that do not allow for the creation of self-proof affidavits, so be sure to check your Last Will for this provision.


For Trusts, you’ll want to ensure your Trust has a decanting provision that permits the site of the Trust to be moved to another state. Also, be sure to include any new real property you might have purchased when moving to Florida.


In addition to Last Wills and Trusts, you’ll also want to consider creating new advanced directives. Advanced directives include documents such as a power of attorney, living will, and designation of healthcare surrogate. These documents are highly state specific and could lack requirements or provisions you may want or need in Florida.


Ultimately, it is important to have your estate planning documents reviewed when moving state to state. If you or someone you know needs their estate plan reviewed, please contact us at (813) 244-7758 or Ross@RossSpanoLaw.com.


Cheers!


Ross Spano

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