Bob and Susan had spent most of their lives in Michigan. They raised their kids, built their careers, and even planned for the future—at least, that’s what Bob thought. Years ago, they sat down with an attorney and created a will, ensuring their children and assets would be taken care of when the time came.
But life has a way of changing.
After retiring, Bob and Susan decided to trade in their snow shovels for sunshine and sandy beaches. They sold their Michigan home and made Florida their primary residence. They obtained their Florida driver’s licenses, registered to vote, and even learned to love key lime pie. Life was good.
One afternoon, Bob struck up a conversation with a neighbor, Tom, over a game of golf. Tom mentioned he had recently updated his estate plan after moving from New York. Bob was surprised.
“Why would you need to update it? A will is a will, right?” Bob asked.
Tom shook his head. “Not exactly. Every state has its own laws, and some things that worked in Michigan might not hold up in Florida. Plus, Florida has some unique estate planning rules.”
Bob went home and did some research. He quickly realized that while his Michigan will was still technically valid in Florida, it might not be the best fit for his new circumstances.
Why Bob Needed to Update His Will in Florida
- Florida Homestead Laws – Bob and Susan’s new Florida home was now their primary residence. Florida has strict homestead laws that impact how a property can be passed down, especially if a spouse or minor children are involved. Their Michigan will didn’t consider these rules.
- State-Specific Requirements – Florida has its own legal standards for wills. A will that was perfectly legal in Michigan could face complications in Florida probate court.
- Executor Rules – In Michigan, Bob had named his brother, Dave, as the executor of his estate. But Dave still lived in Michigan, and Florida has rules about out-of-state executors. If the executor isn’t a close family member, they must be a Florida resident. This meant Bob needed to rethink his choice.
- Beneficiary & Asset Changes – Over the years, Bob and Susan’s finances had changed. They had new bank accounts in Florida, a different tax situation, and even a few new grandchildren. Their old will didn’t account for any of these updates.
The Smart Move: Meeting with an Experienced Florida Estate Planning Attorney
Realizing they needed expert advice, Bob and Susan met with a Florida estate planning attorney.
The attorney walked them through the process of updating their will to reflect Florida law. They
also discussed setting up a revocable living trust to avoid probate and updating their power of
attorney and healthcare directives to ensure Florida doctors would honor their wishes if they
ever needed medical decisions made on their behalf.
By the end of the process, Bob and Susan felt a huge sense of relief. They now had a plan that
worked specifically for their life in Florida.
Lesson Learned: Moving to a New State Means Updating Your Estate Plan
If you’ve recently moved to Florida, don’t assume your old will is good enough. Every state
has different estate laws, and what worked in your previous state may not fully protect you or
your loved ones in Florida.
That’s why it’s crucial to work with an experienced estate planning attorney—like Dellutri Law
Group. With over 1,200 five-star reviews and more than 30 years of experience, they know
Florida’s estate laws inside and out. Their team can ensure your will, trust, and other estate
planning documents are properly updated and legally sound. Call us today at 239-939-0900 !