Legal Question in Wills and Trusts in New York

Re: Change of state

If valid in NY, it is valid in Fla.

Re: Change of state

Assuming it was properly executed in New York and does not violate Florida law, the will remains valid.

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Re: Change of state

Your NY will, if executed properly, is valid in Florida. However, I recommend having a Florida estate planning attorney review your will since Florida and NY treat property differently, i.e. Homestead laws.

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Re: Change of state

As long as it was completed in NY with the same requirements as FL (# of witnesses, notarized, etc.) it should be OK. If you have any doubts, you can do a republication by Codicil (the Codicil merely reconfirms the terms of the NY Will, but is signed, witnessed and notarized in conformity with FL law) in Florida. A better suggestion is to create a living trust under Florida law and transfer your asset registrations to the name of the trust (get a federal ID number for the trust). Florida probate is very complicated and does not readily allow informal activity as did NY. FL probate has become a gold mine for FL attorneys and the trust will by-pass FL probate, saving your heirs both time and money. Do not put your home, if you own one, in the trust as you might lose your FL homestead rights, which are very valuable under FL law. If you need estate planning, consider a FL family limited partnership or a FL LLC, rather than the trust. There may be other benefits besides the by-pass of probate. I can assist you or recommend astute FL attorneys if you need them to help you. FL estate laws differ vastly from those of NY, so you might want to consider my suggestions.