Legal Question in Wills and Trusts in Florida
Will a will made in NH three years ago stand here in Florida, where we are now residents? If not, why not?
4 Answers from Attorneys
A Last Will & Testament that meets NH law will be honored in Florida and the remaining 48 states. The reasons to update the document are to: (i) reflect that you and your spouse are Florida residents; (ii) avoid any potential estate or inheritance tax under NH law; and (iii) bring your ancillary documents (power of attorney, health care surrogate, living will, etc.) in comformity with Florida law.
Mr. Soss is correct. The long arm statute of each state can always reach down in the other states when you have a will that is not from the state that you are residing in and may tax your estate under their laws. As you know, or perhaps not, Florida is a homestead state and if you have property here as a resident, then creditor's cannot attach your property. If you are in my area, contact my office, I will be glad to prepare your documents for the State of Florida.
If it was validly created in NH it will be upheld here. But, the laws are different in Florida, so you may want to update it or at least have a Florida attorney review it for you. I'm headed to NH myself in a couple of weeks. Regards,
It is a good use of your time and money to update your estate planning documents so they reflect you are florida residents for many reasons mentioned earlier and others. If you want to do this at a low cost visit my website at www.FloridaLegalServicesOnline.com or write or call me for personal assistance.
Sincerely,