Relocating to Florida has its perks—sunshine, ocean breezes, and no state income tax. But while you’ve unpacked the boxes and settled into your new life, have you updated your estate plan?
Failing to revise your estate plan after a move to Florida can lead to costly legal issues, unintended consequences, and added stress for your loved ones. Here’s what you need to know—and why now is the time to take action.
1. Your Out-of-State Will Might Not Hold Up in Florida
Florida law doesn’t recognize all types of wills—especially holographic (handwritten) and nuncupative (oral) wills—even if they were valid in your previous state.
Potential Costs:
- Will may be partially or completely invalid
- Assets could be distributed according to Florida’s intestacy laws
- Family disputes and legal delays
2. Your Executor May Be Ineligible
In Florida, your personal representative (executor) must be either a resident of Florida or closely related to you. Out-of-state friends or professionals may not qualify.
Potential Costs:
- Executor could be rejected by the court
- Someone else—possibly a stranger—may be appointed to manage your estate
3. You Might Be Paying for Unnecessary Tax Planning
Florida has no state income or estate tax, which means complex tax strategies created in a high-tax state may now be unnecessary.
Potential Costs:
- Extra legal or administrative fees
- Missed opportunities for simplified, Florida-friendly planning
4. Your Florida Home Could Trigger Homestead Issues
Florida’s homestead laws are strict and constitutionally protected. If you try to leave your home to someone other than your spouse or minor child, your plan could be invalid.
Potential Costs:
- Homestead transfer deemed legally invalid
- Home could be forced into probate
- Intended beneficiaries might not receive the property
5. Healthcare Documents May Not Be Accepted
Florida has specific legal requirements for healthcare surrogates and living wills. Documents from other states may be questioned or even rejected by hospitals.
Potential Costs:
- Delays in medical decision-making
- Loved ones facing unnecessary stress during emergencies
6. Your Beneficiary Designations Could Conflict
Moving often involves new financial accounts or retirement rollovers. If your estate plan and beneficiary designations don’t match, it can create legal and tax nightmares.
Potential Costs:
- Assets going to unintended recipients
- Family conflict and costly litigation
- Tax burdens on heirs
Take Action: Protect Your Florida Future
An outdated estate plan can cost more than just time and money—it can jeopardize your legacy. If you’ve moved to Florida, don’t wait to update your documents.
Contact Vaughn Law today at (727) 223-6080 for a personalized estate plan review.
Whether you need a simple update or a complete legal strategy, we’re here to make sure your plan reflects Florida law and your personal wishes.
Written by: Danielle Vaughn, Board Certified Real Estate Attorney