Legal Question in Wills and Trusts in Florida

A last will which provides for the application of Florida law and states that the testator is a Florida resident can be executed and notarized in another state. The will, if written and executed according to Florida law, is valid in the state of Florida and would be valid if the testator moves to another state. This is general legal advice which is based on our understanding of the basic facts provided in your inquiry.

I can understand how you get conflicting answers. The correct answer is that as long as it is drafted, executed and notarized pursuant to Florida Statutes, no matter where that is done, it can be valid in Florida.

The problem is that too often we see people drafting, executing and notarizing Wills with unqualified people, particularly those from out of state, that are invalid. So it is not advisable.

Just because it is done by a NY Lawyer, does not mean they know how to do a Florida Will. They may have passed the NY Bar, but they didn't necessarily pass the Florida Bar, and we have different laws and rules.

It can be done according to my colleagues but my advice - have a Florida lawyer prepare your will and executed here in Florida. If there is some reason that you are in NY and this presents a hardship on your part to return to Florida for the execution, then by all means have the NY lawyer contact the Florida lawyer for proper execution.