Basic Questions About Estate Planning – Do I Need to Make a New Estate Plan if I Have Moved?

A lot of people who live in Florida have either moved here from somewhere else, or don’t live here for the entire year. For these people, determining what you need to do with regards to your estate plan can be problematic. If, for example, you made your estate plan while living in New York, but have since relocated to Florida, will it be in your best interest to update your plan now that you have moved?

Today, we are going to answer some the basic questions to get you a better idea about what the state planning steps you might need to take if you have recently moved.

Do I need to change my estate plan if I have moved?

In general, it is probably in your best interest to, at the very least, have your estate plan reviewed by Florida estate planning attorney if you have moved to the state of Florida from somewhere else. As with all other states, Florida has some specific laws when it comes to estate planning. If you talk to a lawyer about creating a plan in the state of Florida, that lawyer will help you draft a plan that complies with all the relevant state laws.

If you crafted a plan in a different state, however, the laws that applied in that state could be different. In general, courts will typically accept the estate planning devices you created in another state as long as those devices comply with the laws of the state in which you made them.

However, there are some potential issues that can arise when people make plans in different states. It’s generally best to review and update your plan as necessary after you move. This way you can be absolutely certain that your plan will be effective when the time comes for it to be used. Also, if you only live in Florida part of the year, you’ll want to talk to your lawyer about domicile issues and how those might affect your plan.

Are there practical issues to consider after I move?

Yes. Some parts of your estate plan might rely on others to carry out your wishes or protect your interests if you are no longer able to do so yourself. For those parts of your plan that name representatives, it’s important to consider the practical limitations imposed by your move.

In other words, if your chosen representatives are no longer physically nearby, it might be in your best interest to choose someone who is located closer to you. Should you keep your original representatives, it might be hard for them to protect your interests if they are located far away.