Why Review Your Documents After Moving?
Each state sets its own signing rules, and Florida's are specific. An out-of-state document may still be valid, but a Florida attorney can tell you whether it works smoothly here, whether it names the right people, and whether it fits Florida homestead rules.
Is My Out-of-State Will Valid in Florida?
- Usually, yes. Under Florida Statutes 732.502, a will signed by a nonresident is valid in Florida if it was valid under the law of the place where it was signed.
- Exceptions: holographic (handwritten, unwitnessed) and oral wills are not valid in Florida, even if valid where made.
- Florida signing rules: a Florida will must be signed at the end by the person making it, with two witnesses who sign in the presence of the person and each other. Changes (codicils) follow the same rules.
What About a Durable Power of Attorney?
- Signing: a Florida power of attorney must be signed by the principal, by two witnesses, and acknowledged before a notary (709.2105). The agent must be at least 18 or a qualified financial institution.
- Durable: to stay effective if you become incapacitated, it must contain language showing that intent (709.2104).
- Out-of-state documents: a power of attorney signed in another state is valid in Florida if it complied with that state's law (709.2106). A bank or other third party may ask for an opinion of counsel at your expense and may refuse to accept it if one is not provided. For real estate, an original may be needed for recording.
The Florida Bar publishes a consumer pamphlet, Florida Power of Attorney, on its consumer information page.
What Is a Health Care Surrogate?
A health care surrogate designation names someone to make medical decisions if you cannot. Under 765.202, it must be signed in front of two adult witnesses. The surrogate cannot be a witness, and at least one witness must not be your spouse or blood relative. You can name an alternate and can make the surrogate's authority effective right away. It stays in effect until you revoke it.
What Is a Living Will?
A living will states your wishes about life-prolonging procedures. Under 765.302, it is signed in front of two witnesses, at least one of whom is not your spouse or blood relative. You are responsible for letting your physician know you have one. The Florida Bar's consumer page links to living will and advance directive forms.
What Else Should New Residents Check?
- Who you named. Make sure agents, surrogates, and personal representatives are still willing and able to serve.
- Florida homestead. Florida has special rules on who can inherit a homestead when there is a surviving spouse or minor child. Ask a Florida attorney how they apply to you.
- Property in another state. If you keep real estate elsewhere, that state may require its own probate proceeding. Ask your attorney.
- Copies. Give your doctor a copy of health care documents, and tell family where originals are kept.
Where Can You Find Help?
- Florida Bar Lawyer Referral Service: 800-342-8011, listed on the Florida Bar consumer page. The Bar also notes that local bar referral services can set up an initial appointment for a nominal fee.
- Florida Law Help: floridalawhelp.org offers free legal information for low-income Floridians.
- Elder Options: the Aging and Disability Resource Center whose 16-county service area includes Lake, Sumter, and Marion (agingresources.org).
- Florida Courts self-help: flcourts.gov.