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?


Asked on 4/17/01, 8:41 am

2 Answers from Attorneys

Melody Stickel-Martinez Melody Stickel-Martinez, Esq.

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.

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Answered on 6/15/01, 4:02 pm
Anthony Comparetto Comparetto Law Firm

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

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Answered on 6/16/01, 8:45 am


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