Legal Question in Wills and Trusts in Florida
Made a will when living on Long Island, New York., several years ago. Since then I have moved to Florida., which is my permanent residence. since then I also purchased. Co- op. in New Jersey. We spend6 months in Florida, permanent address and 6 monthsin New Jersey during the summer. Do we need to redo our will and make a Floridawill?
2 Answers from Attorneys
Florida requires two witnesses and notarization to be a self-proving will. If the assets you have purchased change your Estate planning, then you would need a new will.
I strongly recommend you consult with an Estate Planning attorney in Florida. Although the will made in New York is technically valid if executed properly, several assets have changed. It may be wise to do a Living Trust since you own property rights in multiple states, but that decision should not be made until an attorney thoroughly evaluates your estate. If you decide to do a Living Trust, make sure you use an experienced attorney familiar with Florida Estate planning to ensure the trust is done properly and you don't jeopardize invalidating any benefits (e.g., homestead rights).