Moving to Florida can be an exciting new chapter in your life, whether you are retiring, relocating for work, or simply seeking a change of scenery. Amidst the excitement, it is important not to overlook a critical aspect of your transition: your estate plan. While it may be tempting to assume that your existing estate plan will seamlessly transfer to your new home state, the truth is that Florida’s unique laws and requirements make updating your estate plan essential.

One of the most important reasons to update your estate plan when you move to Florida is to ensure that it works effectively in a crisis. Estate plans are designed to protect your wishes and provide for your loved ones during difficult times, but if your plan does not comply with Florida law, it may not function as intended when you need it most. This is particularly crucial in an emergency or when dealing with incapacitation.

Florida has its own set of rules and regulations governing wills, trusts, powers of attorney, and other estate planning documents. If your current plan was created in another state, it may not meet Florida’s legal standards. By updating your estate plan, you can avoid potential legal challenges and ensure that your assets are protected according to your wishes.

One of the most critical components of your updated estate plan should be a Florida durable power of attorney (DPOA). A durable power of attorney is a legal document that allows you to designate someone you trust to make financial and legal decisions on your behalf if you become incapacitated. While you may already have a DPOA from your previous state, Florida has specific requirements that may not be covered by your existing document.

In Florida, a durable power of attorney must be executed with certain formalities to be considered valid. Additionally, Florida law requires that the powers granted to your agent be explicitly stated in the document. This means that a general power of attorney from another state may not be recognized or may have limited effectiveness in Florida. Updating your DPOA ensures that your chosen agent has the authority they need to manage your affairs without unnecessary delays or complications.

Beyond the durable power of attorney, there are several other documents in your estate plan that should be reviewed and potentially updated when you move to Florida:

• Last Will and Testament. Florida has specific requirements for the execution and validity of wills. An out-of-state will may not be fully recognized in Florida, so it is important to ensure that your will complies with Florida law.
• Trusts. If you have a trust, it is important to review its terms and ensure that it aligns with Florida’s legal requirements. This is especially true if your trust was established in a state with different trust laws.
• Health Care Surrogate Designation and Living Will. Florida has specific forms and requirements for advance directives, which outline your wishes for medical care if you are unable to make decisions for yourself. Updating these documents ensures that your healthcare preferences are honored in accordance with Florida law.
• Beneficiary Designations. It is a good idea to review and update beneficiary designations on your retirement accounts, life insurance policies, and other assets to ensure they align with your overall estate plan and comply with Florida law.

Failing to update your estate plan when you move to Florida can result in significant complications down the road. Your estate plan is designed to provide clarity and direction during difficult times, but if it is not properly aligned with Florida law, it could lead to unnecessary legal disputes, delays, and even the invalidation of certain documents. By taking the time to update your estate plan, you can avoid these pitfalls and ensure that your wishes are carried out exactly as you intend.

Moving to Florida is an exciting time, but it is also a time to review and update your estate plan. Do not let an outdated plan leave you unprotected in a crisis. By updating your estate plan, including creating a Florida-compliant durable power of attorney, you can have peace of mind knowing that your assets and loved ones are protected, no matter what the future holds.

If you have recently moved to Florida or are planning a move, we are here to help. Schedule a free consultation with The Law Office of Audrey Ehrhardt to review your estate plan and make the necessary updates to ensure it complies with Florida law. We are dedicated to helping you protect what matters most.