Is This Will I Signed Before I Moved to Florida Good in Florida?

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Is This Will I Signed Before I Moved to Florida Good in Florida?

This is a question frequently asked. If the will signed in another state was valid there, it will be recognized by the Florida courts.

Even if your Last Will and Testament will be honored by the Florida court, it is recommended that it be reviewed by a Florida attorney for any hidden problems that could arise in the probate of your estate. If your Last Will and Testament designates a person who does not reside in Florida as your Personal Representative (Executor), that person will not be appointed unless he or she is in the list of relatives specified by Florida statute. Likewise, Florida requires that non-residents designated to serve as Guardian of your child be on the statutory list of relatives.

Florida law restricts the disposition by will of the primary family residence when the deceased person is survived by a spouse or minor child. Florida does allow for the disposition of tangible personal property (cars, boats, jewelry, china, as example) by a separate writing apart from the will that is dated and signed by the decedent. But for the separate writing to be valid, reference to the list must be included in the Last Will and Testament.

If your will is not "self-proved" or the original is lost, it will be easier to locate the witnesses to a new will signed in Florida, rather than the witnesses in another state.

To assure that your wishes will be carried out, it is best to have that will from another state checked by a Florida attorney. If you recently moved to Florida (or its been more than 5 years since signing your will) and are unsure of the validity or practicality of the terms of your document, please contact my office.

Categories: Wills and Trusts

Frequently Asked Questions

Does everyone have to go through probate? Unless an estate is worth less than $75,000, formal administration, or regular probate, is necessary. There are ways to avoid the probate process , such as setting up revocable trusts or gifting a certain amount of money or assets to beneficiaries while you are still alive.
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Susan E. Durre - Miami Probate Lawyer
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