Legal Question in Wills and Trusts in Florida

If the will is drafted and executed in accordance with NH law, it is valid in Florida. If a self-proving affidavit was executed as part of the will, as is suggested in FL, it will protect against complications later should ancillary administration be required, proof of the will be necessary, etc. Of course, you may consider updating the will if there are other changes to be considered.

I have to disagree partially with Mr. Martin. If you maintain a NH residency, then he is correct. If you have become a Florida resident, then the Will has to comply with Florida statute. I do not know if NH Wills conform to Florida requirements, they could.

Even if it does, you may want to make a new Florida Will to avoid these issues, plus to make it self-proved in Florida. It would avoid the complications he was referring to.

My colleagues are correct. However, they have missed pointing out the long arm statute of each state. To avoid tax problems you may want to consider redoing your wills. Better safe than sorry. If I can of of assistance please contact my office for an appointment 904-997-1031

You may wish to go to my website, www.dansasso.com . You will find an outline on why an out of state resident needs to get their Will revised to Florida, and I have highlighted the the damages as best I could by estimating high should you fail to do so. After going to the webiste click on "Area of Practice" then "Wills", and this will bring up many reasons you should seriously consider. You may also click on the New matters to the bottom right on the website. If I can help further please let me know.

Good luck