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What Happens to My Will if I Move to a New State?
Drafting a will is not the end of your estate planning process. Once you have a will, you should revisit the document regularly and after life events to determine whether it requires amendments. One life event to consider is a move to another state, which can affect the validity of your will.
If you move to the Tampa area and want professional advice to ensure your will remains effective, speak with our Tampa estate planning attorneys at Mickey Keenan, P.A. today.
What to Know
Did you know that if you moved from New York to Florida that you can only have a New Yorker as your executor if that person is a family member? Here are a few other examples of potential conflicts between different state’s estate planning laws:
- As mentioned above, some states require that the executor of your will be a resident of the state where the will was made (and presumably where you legally reside). Even if you move to a state that does not have that restriction, your executor may have to hire a local attorney for help—in extreme cases, your out-of-state executor may have to post a bond.
- Some states accept hand-written wills with no witness signatures (known as “holographic” wills) and some do not.
- The process for disinheriting a child is very different from state to state. In Pennsylvania, you have the freedom and flexibility to give what you like to whomever you choose, and there is no need to explain that certain people are being left out. On the other hand, Florida law does not allow you to entirely disinherit a child under 18.
- Some states do not allow your beneficiaries to sign as witnesses on your will and some allow it.
- Some states have very specific requirements on where in the Last Will & Testament the signatures must be located.
Many seniors decide to move to Florida to spend their retirement enjoying the sunshine and friendly senior communities. However, it is critical to review your will with an estate planning attorney if you make this move. Our law firm knows the estate planning laws in Florida and can ensure your will is effective and best represents your wishes and needs.
We also draft new wills and amend wills based on other life events, including marriages, divorce, spousal deaths, changes in your assets, and more. We can assess whether you might benefit from other types of estate planning documents, such as a living trust or powers of attorney. Our firm provides comprehensive estate planning support for you and your family.
Do You Need a Tampa Estate Planning Attorney?
The estate planning lawyers of Mickey Keenan can help ensure that your will is effective and enforceable if you move to the Tampa area from another state. If your will requires amendments, we can handle that process for you. Call our office or click here to set up an appointment with us today.