Just Moved to Florida? Here's Why You Need to Update Your Estate Plan

By Vito Bavaro, Esq. | Bavaro Legacy Law, PLLC | Lakewood Ranch & Sarasota, Florida

Every week I meet families who have just made the move to Lakewood Ranch or Sarasota. They found their dream home, they love the weather, and they are excited about this next chapter. But when I ask about their estate plan, the answer is almost always the same.

"We have a will and trust from back home. We are all set."

I understand why people feel that way. They spent time and money getting their documents done. The last thing they want to hear is that those documents may not be working the way they think they are.

But here is the reality. Moving to Florida is not just a change of address. It is a change of legal jurisdiction. And Florida has some of the most unique estate planning laws in the country.

Florida is Not Like Other States

Every state has its own laws governing wills, trusts, property ownership, and estate administration. Documents drafted in New York, New Jersey, Connecticut, Ohio, or anywhere else were written to comply with the laws of that state. When you move to Florida those documents do not automatically update themselves.

In some cases your out of state documents will still be legally valid in Florida. In other cases they may be valid on paper but fail to take advantage of powerful Florida specific protections that could save your family significant time, money, and stress.

Florida Homestead Law

Florida's homestead laws are unlike anything most people have encountered in other states. Your primary residence in Florida receives extraordinary protection from creditors, but those protections come with strict rules about how your home can be transferred at death.

If your trust was drafted in another state it may not be structured to properly hold Florida homestead property. This is one of the most common and most costly mistakes I see with out of state documents. A trust that works perfectly for a home in New Jersey may create serious legal complications for your Lakewood Ranch home.

Getting this right matters. An improperly structured plan can expose your home to creditors, create disputes among your heirs, or force your family through a probate process you specifically tried to avoid.

Community Property Trusts

Florida is one of only a handful of states that recognizes community property trusts for married couples. This is a relatively new planning tool in Florida, available since 2021, and it is one of the most powerful options available to married couples who own appreciated assets.

A community property trust can provide a full step up in basis on appreciated assets at the death of the first spouse. In plain terms this means your heirs may owe significantly less in capital gains taxes when they eventually sell assets they inherited from you.

If you moved to Florida from a state that does not recognize community property, this option was never available to you before. It may be worth exploring now.

Witness and Notarization Requirements

Florida has specific requirements for how wills and other estate planning documents must be signed, witnessed, and notarized to be legally valid. While Florida generally recognizes wills validly executed in other states, there are circumstances where out of state documents can be challenged or create complications during administration.

Having your documents reviewed and if necessary re-executed under Florida law eliminates any ambiguity and ensures your plan will work exactly as intended.

Beneficiary Designations

One of the most overlooked aspects of any estate plan is beneficiary designations on retirement accounts, life insurance policies, and financial accounts. These designations pass assets outside of your will and trust entirely.

When you move to Florida your account custodians do not automatically update your designations. Old designations from years ago may still be in place, naming people you no longer intend to benefit or failing to coordinate properly with your updated plan.

A comprehensive Florida estate plan review includes a full audit of your beneficiary designations to make sure everything is aligned.

Your Out of State Attorney Did a Great Job

I want to be clear about something. If you had your estate plan done by a reputable attorney in your home state, they almost certainly did excellent work. The issue is not that your old documents are bad. The issue is that they were designed for a different legal environment.

Moving to Florida is like buying a car in Canada and driving it in the United States. The car works fine. But there are things you need to adjust before it works perfectly here.

What a Florida Estate Plan Review Looks Like

When a family comes to Bavaro Legacy Law after relocating, we start with a comprehensive review of everything they have. We look at their existing trust, their will, their powers of attorney, their healthcare documents, and their beneficiary designations.

We identify what is working, what needs to be updated, and what Florida specific opportunities they may be missing. Then we give them a clear recommendation and a fixed fee quote before any work begins.

Most families who have recently relocated need at minimum a review and re-execution of their existing documents under Florida law. Many benefit from a full update that incorporates homestead planning and community property trust provisions.

The Bottom Line

You worked hard to build what you have. You planned ahead, which puts you ahead of most people. Now that you are in Florida, take one more step and make sure that plan is built to work here.

Updating your estate plan after a move to Florida is not starting over. It is making sure the plan you already have works as hard as you do.

Vito Bavaro, Esq. is the founder and managing attorney of Bavaro Legacy Law, PLLC, serving families across Lakewood Ranch, Sarasota, and surrounding Manatee and Sarasota County communities. To schedule a free consultation visit bavarolegacylaw.com or call us directly.

The information in this article is for general educational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this post. Please consult a licensed Florida attorney for advice specific to your situation.

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