LegalJourney Blog

Tuesday, November 22, 2016

How does estate planning in Florida differ from estate planning in other states?

How does estate planning in Florida differ from estate planning in other states?

With so many people, especially seniors, relocating to Florida to experience the economic and climatic advantages of the Sunshine State, it is important to understand how relocation will impact estate planning, particularly wills. For a certain number of individuals, wills drafted in other states may need to be revised in order to remain valid under Florida's state laws. Whenever you relocate from another state to Florida, it is important to have an experienced Floridian estate planning attorney examine your will and other related documents to make sure they comply with Florida's laws.

What makes a will legal in Florida?

Generally speaking, a will that is valid in the state in which it was executed will also be valid in Florida.

It is the exceptions to this rule, however, that make it necessary for you to have your documents reviewed by an in-state practitioner. The following types of wills are never accepted in Florida:

  • Holographic (handwritten) wills
  • Oral wills

On the other hand, some wills, while accepted in Florida, must meet certain stipulations, for example:

  • Foreign language wills are valid, but must be attached to a true and proper English translation
  • The Homestead laws of Florida are distinctive from those in most other states

As in true in most states, in Florida when someone dies intestate (without a will), the surviving spouse receives the entire estate, assuming there are either no offspring or only offspring with the surviving spouse. Beyond that, however, the possibilities become more complicated.

If the circumstances are different than those just presented, the intestate share of the surviving spouse is cut in half and the other half of the estate is otherwise distributed. If your situation falls into this category, and you want to make sure your spouse receives all of your estate, it is imperative that you consult with a skilled probate attorney.

Though the possible halving of your estate is the most obvious example of ways the Florida Probate Code may interfere with your wishes being carried out, it is by no means the only one. The more complex your financial and familial situation is, the more likely there are risks to the integrity of your will.


Archived Posts

2017
2016
December
November
October
September
August
July
June
May
April
March
February
January
2015
2014
December
September
August
July
June
May
April
March
February
January
2013
December
November
October
August
July
May
April
March
February
January


Attorney Karnardo Garnett represents clients with their Estate Planning, Elder Law and Asset Protection needs throughout the Tampa Bay Area, serving all of the bay area, including but not limited to Tampa, Brandon, Clearwater, St. Petersburg, Gibsonton, Riverview, Oldsmar, Safety Harbor, Hillsborough County, and Pinellas County, FL



© 2017 LegalJourney Law Firm PLLC | Disclaimer
2002 W. Cleveland St, Tampa , FL 33606
| Phone: 813.344.5769 | 888.954.5769

Estate Planning | Estate Planning - Spanish | Elder Law/Medicaid Planning | Elder Law/Medicaid Planning - Spanish | Planning for Children | Planning for Children - Spanish | Probate / Estate Administration | Probate / Estate Administration - Spanish | Estate Litigation | Estate Litigation - Spanish | Guardianships | Special Needs Planning | Estate Tax Planning | Asset Protection | Online Legal Services

Attorney Website Design by
Amicus Creative


© LegalJourney Law Firm | Disclaimer | Attorney Website Design by Zola
2002 W. Cleveland St, Tampa, FL 33606 | Phone: 813.344.5769