William A. Johnson, P.A. William A. Johnson, P.A.
Probate And Elder Law Services In Brevard County
Free Consultation: 321-426-1865

Is my will valid since I moved to another state?

It is becoming increasingly common for people to relocate once, twice or several times during their lifetimes. Moving states can have various legal repercussions, which is why it is important for those relocating to learn about the law.

When it comes to the validity of wills, many people worry that an interstate move could invalidate their wills. The answer to this question largely depends on the testator's specific circumstances and the terms of the will.

The validity of your will or trust will depend on their types. In theory, a will made outside of Florida will not necessarily be invalid here. However, there may be issues regarding the intricacies of the law that could potentially affect the validity of a last will and testament that originated in another jurisdiction.

Homestead laws in Florida might be ignored by revocable living trusts

If an individual uses a revocable living trust to purchase a vacation home in Florida, the intention is probably to be able to avoid the state's ancillary probate. However, if this Florida vacation home becomes a primary residence, the homeowner will need to make sure that his or her revocable living trust references Florida homestead laws. Failing to reconcile this could mean that the property is ineligible for the Florida homestead exemption.

Make sure that your durable power of attorney terms are sufficiently specific

Florida updated their powers of attorney law in 2011. This means that the details regarding the appointment of a durable power of attorney must be very specific. To be considered valid, the delegation of a representative cannot contain any general statements. You may need to amend your durable power of attorney terms to ensure that they conform to the laws in Florida. If your will was drafted prior to 2011, it's time to review its provisions for compliance problems.

There are many additional laws and regulations in place in Florida that may differ in other states. Those who retire to the state of Florida must take the time to review their wills and trusts in order to assure that all of your last wishes will be carried out at the end of your life.

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William A. Johnson, P.A.
140 Interlachen Road, Suite B
Melbourne, FL 32940

Phone: 321-426-1865
Fax: 321-242-8417
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