Legal Question in Wills and Trusts in Florida

Are mine and my wife of 35 years wills and power of attorney written in the state of Tennessee still valid if we now reside in the state of Florida? We are each others beneficiary and no one else benefits unless the other has died prior to the survivor.


Asked on 3/28/18, 6:00 am

3 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

If they meet statutory requirements in Florida yes. No way to know that without seeing the will. Best to seek legal advice.

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Answered on 3/28/18, 6:18 am
Levi Wilkes Levi Lawrence Wilkes, Attorney-at-Law, PLLC

Hi, I agree with the above statement and would just add that often a out of state move brings with it new assets and new matters that should be resolved before death. It should cost a nominal amount for you to see a local attorney and have them take a look at the will and give you an opinion on its validity and whether any codicils are needed. Hope this helps.

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Answered on 3/28/18, 7:30 am

If they were validly executed in another state, Florida will recognize them. However, the laws differ from state to state. For example, if you still have real property in another state, you may want to consider a trust or other estate planning devices. Florida has also had some changes in the law for Durable Power of Attorneys in the last several years. I strongly encourage you consult with a Florida estate planning attorney. Many, like myself, offer free initial consultations.

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Answered on 3/28/18, 1:23 pm


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