Florida is, as you know, a destination state for so-called “snowbirds” who come to Florida in the winter months to avoid the harsh winter weather from up north. Many of those people will typically have a second home or a long-term rental and spend the freezing months enjoying the warmth of the Sunshine State.

So how does that affect your estate planning documents when you “fly south for the winter?”

Each state sets its own requirements for the validity of wills, as well as power of attorney and health care proxies. If you live in two different states, you will want to ensure your estate planning documents comply with the laws in both states, and you may choose to execute documents valid in each state as some states have stricter laws than others. For example, Florida requires that a health care proxy be signed in the presence of two adult witnesses, who cannot be your named health care surrogate. If your state requires just one witness, it is still advisable to follow Florida’s stricter requirements. Otherwise, you will want to be sure to create a separate document complying with Florida law.

Also, probate is controlled by state law, with your state of residence taking control over the property within it. If a non-resident of Florida, who owns a home, condo, commercial building, or other types of real estate in Florida passes away, then the decedent’s estate and beneficiaries must deal with an ancillary probate proceeding. Because of the cost of an ancillary probate proceeding for non-Florida residents who own Florida real estate in Florida, avoiding the process is preferable.

Florida continues to be one of the top destinations in the U.S., not just for vacation, but as a place people want to call home. Record numbers of people are moving to the state of Florida. Moving your residence to a new state is one of the many reasons why you may want to have an estate planning attorney review your documents.

Whether it’s the sun, the fun, or the lure of palm trees, you’ve uprooted and relocated to Florida. Along with the moving trucks, one important thing you should be concerned about is your estate planning documents. They were valid in your home state. But will they be legal in the Sunshine State? Estate Planning Attorney Rebecca Doane has some advice for you on the matter.

Check out the short video.

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