As you may already assume, each state has its own, slightly unique estate laws. So if you move from one state to another, you may wonder whether you need to adjust your already-established estate planning documents to conform to your new home state’s rules and regulations. And, you may worry about what happens if you do not. Namely, you may be concerned about the legitimacy of your last will and testament and living trust. So please follow along to find out whether your will is valid from state to state and how a proficient Broward County wills lawyer at The Probate Lawyers can help you navigate Florida’s estate laws.
Is my will enforceable from state to state?
Typically, your already-established last will and testament is enforceable across state borders. However, it is still commonly recommended that you update this estate planning document as soon as you change your state of residence. This is because there may be state-specific estate laws that this document may need to conform to. Making such edits is generally painless. So the last thing you want is for your loved ones to experience difficulties handling your will with the probate court when making a minor adjustment could have had them avoid this hassle altogether.
Of note, this may be particularly relevant if you moved from a community property state to a common law state, or vice versa. Or, if your new home state has stricter limitations on who can act as the executor of your will.
Is my living trust valid in another state?
In a similar sense, your revocable living trust should still be applicable in another state. But again, it is worth circling back to this estate planning document and making modifications as deemed necessary. For example, you may have retitled your property in your trust’s name. However, this may no longer be relevant if you have since sold this property and moved to a new one. Below are some of Florida’s state-specific estate laws for trusts that may not necessarily be the same as those of your former home state:
- You must be at least 18 years old and deemed mentally capable to do so.
- You must sign the bottom of your trust document in the presence of two witnesses.
- Your two witnesses must sign the bottom of your trust document when you are all together.
- You must not assign the same individual to serve as your sole trustee and sole beneficiary.
- You must record or register your trust if you participate in real estate transactions.
Now that you have this background knowledge, your next step should be to employ a talented Broward County estate lawyer to represent you. So contact us at The Probate Lawyers today.
