-
Florida is one of the most popular destinations in the country for families relocating from the Northeast, the Midwest, and beyond. Every week families arrive in Lakewood Ranch and Sarasota with boxes packed, a new home waiting, and an estate plan from another state sitting in a drawer somewhere.
Most of them assume they are covered.
Most of them are not.
Florida has some of the most unique estate planning laws in the country. A will, trust, or power of attorney drafted in New York, New Jersey, Connecticut, Ohio, or anywhere else was designed for that state's legal environment. When you move to Florida those documents do not automatically update themselves.
Before you assume your existing plan is protecting your family the way you think it is, schedule a review with Vito Bavaro, Esq. It may be the most important call you make after your move.
-
Your out of state estate plan may be perfectly valid on paper. But valid and effective are two very different things in Florida.
Here is what most out of state plans miss.
Florida homestead law is unlike anything in most other states. Your primary residence receives extraordinary protection from creditors and significant property tax benefits — but only if your documents are structured correctly. A trust drafted in another state may not be set up to hold Florida homestead property properly, potentially stripping away protections you assumed were in place.
Community property trusts have been available in Florida since 2021 and can provide significant capital gains tax advantages for married couples. This opportunity almost certainly does not exist in your current plan.
Florida has specific witness and notarization requirements for wills and powers of attorney. Documents that do not meet these requirements may face resistance from Florida courts and financial institutions.
Beneficiary designations on your retirement accounts and life insurance policies may not be coordinated with your updated Florida plan.
The consequences of these gaps are real. And they fall entirely on the people you love most.
-
At Bavaro Legacy Law we work with relocated families every day. The process is straightforward and completely free of surprises.
We start with a free consultation where we review everything you have — your existing trust, your will, your powers of attorney, your healthcare documents, and your beneficiary designations.
We identify exactly what is working, what needs to be updated, and what Florida specific opportunities you may be missing. Then we give you a clear recommendation and a fixed fee quote before any work begins.
For most families who have recently relocated the process involves reviewing and updating their existing documents to comply with Florida law and incorporate Florida specific protections. In some cases a more comprehensive update is needed. We will tell you honestly which one applies to your situation.
You moved to Florida to enjoy everything this state has to offer. Make sure your estate plan got the memo.
-
The families who call us after a crisis always say the same thing. They had no idea their documents were not working the way they thought. They assumed because they had a plan they were protected.
Do not be that family.
A review with Vito Bavaro, Esq. takes one conversation. It costs nothing. And it gives you complete clarity about where your plan stands and what if anything needs to be done.
If your documents are fine we will tell you. If they need updating we will tell you exactly what needs to change and what it will cost before any work begins.
Either way you leave that conversation knowing exactly where you stand. That peace of mind is worth the call.
Schedule your free consultation with Vito Bavaro, Esq. today and find out exactly where your plan stands.