Wills from another state

[kansasrph]

We’ve lived here 3 years and have wills previously drawn up in Kansas about 5 years ago. There are no changes needed but we’ve been told we need to have a Florida attorney look at the wills. First, is this a good idea? Second, any recommendations? Thanks for any help.

[Chatbrat]

Yes, we have had them updated as well as our trust--things change--best to do every thing you can do to avoid probate

[villagetinker]

Amy Pittman, Pittman Law, does this and we have had excellent results.

[birdiebill]

We came here with wills and other legal documents from out of state also. We met with Amy Pittman of Pittman Law as suggested by many who had used her. We were very pleased with her work, her charges, and her advice on keeping some accounts out of probate by changing them to Transfer on Death or Pay on Death accounts. We have a simple estate.

[Madelaine Amee]

We came from NH, the Live Free or Die State!!! Had we died in NH with those documents the State would have taken everything, including our underwear. Had new trusts and wills drawn up here and found this is a much fairer State to die in!

At least talk to someone before keeping your original documents.

[Chatbrat]

If you are from NY & or NJ, this should have been done yesterday--they have very prohibitive inheritance taxes

[rjm1cc]

In most cases your legal documents should be ok. But it is best to have them reviewed by an attorney that is practicing in FL. Maybe cheaper to have the attorney draft new documents. Trusts that includes your Fl home could be a problem due to the homestead laws (I think there are 3 different laws, not just the real estate one)
One problem you could have is that the administrator/executor of your will can not be a felon or resident of another state (this is probably the problem) unless the person is a blood relative (not sure if your spouses blood relative counts, my guess is they do not)

[Martian]

A will is one of the most important legal documents you can have, IMHO, and I can not see anyway way I would not work with a lawyer as soon as possible. Remember tomorrow is not guaranteed, and you probably don't want the state making decisions for you.

This also applies to you living will (you do have one?) Sadly, Florida does not give living wills legal standing, so talk to your doctors, relatives and lawyers if you have strong feelings about being hooked up to machines.

[valuemkt]

Had our wills and health care directives drawn up in Georgia about a year before moving down .. One quirky thing(to me anyway) is that you cannot have an executor (or back up, or back up to the back up) that is a non resident Floridian unless they are a blood relative. So that would exclude step children, close and trusted friends etc that do not live in Florida. We did, and are in the process of updating to conform to Florida

[manaboutown]

Had our wills and health care directives drawn up in Georgia about a year before moving down .. One quirky thing(to me anyway) is that you cannot have an executor (or back up, or back up to the back up) that is a non resident Floridian unless they are a blood relative. So that would exclude step children, close and trusted friends etc that do not live in Florida. We did, and are in the process of updating to conform to Florida

That is a wonderful law to minimize fraud as Florida is known as God's Waiting Room. Many times family members are back home "up north" or wherever, and not residing in Florida.

Laws and situations change so one should update their testamentary instruments from time to time anyway. I had mine updated a few months ago without any change in domicile.

If one moves to Florida from one of the community property states having estate planning documents reviewed by a Florida attorney may be of significant importance.

If moving to Florida from a state taxing estates it is wise to sever as many as possible ties to that state so one will unquestionably not owe it any inheritance taxes.