Legal Question in Wills and Trusts in Florida
Residency
I just became a resident of Florida. I also own property in Mass. I also divorced during
year 2000. Should I rewrite my will as a resident of Florida now? Do I need other
documents? And what is homesteading all about?
2 Answers from Attorneys
Re: Residency
If your Will complies with Florida law, then you do not need to have another Will prepared. However, be sure that your Will states that your estate includes the property in Mass. and any other state. Homestead means that your home which you reside in is your homestead and is protected from creditors. Certain exceptions to this but this is generally what Homestead refers to in Probate.
Re: Residency
If you became divorced I would have the will reviewed to see if changes are necessary. Homestead is a more complicated issue. Their is the homestead exemption that you must apply for on your house for a tax exemption and then their is the homestead exemption against creditors attacking your residence. Please remember the homestead tax ememption requires you to file an application by the deadline. Call your tax appraisor for information