Legal Question in Wills and Trusts in Florida
Many years ago we lived in the state of Vermont. Since, my husband and I have retired and our legal residence is now Florida. We have a will, medical power of attorney's and general power of attorney's. My question is.......now that our legal residence has changed does that negate the legality of our will and power of attorney??
3 Answers from Attorneys
Though your Documents most likely are still good, you may want to have an attorney to look them over if they were drafted more than 5 years ago. Florida does recognize out of state documents as long as they were prepared correctly. If you are a same sex couple, you will want to speak with an attorney sooner because Florida's law may treat some of your Documents differently.
Being that I am presently in Vermont on vacation, and plan to retire here, it is an interesting fact pattern.
The answer is that the documents could be valid in Florida if they comply with Florida law. For this you would need a Florida Estate Planning Attorney to review them to see.
In the long run, it may be better just to re-execute new documents in Florida to avoid complications.
It has been my practice to redo the documents for the state your are now domiciled in. IN order to get the homestead exemption rather than have a will filed under ancillary (out of state) probate, you would need to have the documents done according to Florida law.
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