[SeaLark7]

One thing we did NOT know, and were not told by our Realtor, is that when we moved from Ohio to Florida, we needed to get new wills, living wills, and POAs. We just assumed that our Ohio documents would be valid here. Not the case ! So this is a "head's up" to people who move to Florida from another state. Once you have settled in as a permanent resident, see a local lawyer and get new wills, etc. !

[Spring Hillian]

Originally Posted by SeaLark7

One thing we did NOT know, and were not told by our Realtor, is that when we moved from Ohio to Florida, we needed to get new wills, living wills, and POAs. We just assumed that our Ohio documents would be valid here. Not the case ! So this is a "head's up" to people who move to Florida from another state. Once you have settled in as a permanent resident, see a local lawyer and get new wills, etc. !

yes, it is a good idea to have the paperwork re-drawn in FL since certain rules may apply here that dont apply elsewhere.

Did you really expect your realtor to know that?

[SeaLark7]

I am not saying it was solely the Realtor's responsibility to tell us that, simply that it would have been good to know, and something she might have been aware of, since most Florida Realtors sell a lot of houses to people from other states. I probably should have just left out the Realtor reference in my original post, since that was NOT the point I was making - I was not trying to diss our Realtor, simply trying to advise other newcomers to be aware of the need for new wills.

[Spring Hillian]

Originally Posted by SeaLark7

I am not saying it was solely the Realtor's responsibility to tell us that, simply that it would have been good to know, and something she might have been aware of, since most Florida Realtors sell a lot of houses to people from other states. I probably should have just left out the Realtor reference in my original post, since that was NOT the point I was making - I was not trying to diss our Realtor, simply trying to advise other newcomers to be aware of the need for new wills.

Oh. OK. Hey, Ive seen people blame the realtlor for all kinds of things that they "should have told me".
None which I ever thought were real estate related.

Actually, it depends on how you wills were written. Florida will recognize out of state wills under most circumstances provided the will that was drawn up complied with the law in the state that it was drawn up in at the time it was drawn up. However, Florida will not recognize what are termed "holographic" wills, which are wills in the handwriting of the person who died, signed by them, but not witnessed. Even if the state you came from recognizes holographic wills, Florida will not recognize them.

Powers of attorney properly executed under the laws of another state will be recognized in Florida; however, a third party located in Florida that is asked to accept an out-of-state power of attorney can require a legal opinion as to the document's validity under the other state's laws.

[Occifer]

It is not true that an out of state will is not valid in Florida. Florida Statute 732.502 describes which wills are valid in Florida. Any will that you executed in another state before you became a Florida resident is valid in Florida as long as it was a legal will in the previous state. The only exceptions are handwritten wills that were unwitnessed and oral wills. Any will drawn up by an attorney in another state will be valid in Florida.

Like any other state, Florida does have some state-specific probate laws. Any new resident who may have a large or complicated estate should seek the guidance of an estate planning attorney after moving to Florida, but for the average person their old will is going to suffice.

The same is true for powers of attorney, living wills, and healthcare surrogates from other states. If they were legal in the prior state, they will be accepted here.

[SeaLark7]

Thanks for the info, Spring and Occifer ! We were told by a couple of people (including a bank official) that our old wills were not valid in Florida ! I am guessing it is still a good idea to draw up new ones, or at least have a lawyer look at the old ones, to make sure there isn't a problem. They are not handwritten ones, but they are "dated" and need to be updated anyway.

[Occifer]

If they need to be updated then you might as well go see an estate planning attorney and have new ones drawn up. Most attorneys will include a power of attorney and a healthcare surrogate along with the will. If you don't want to spend the money or need the advice of an attorney, websites like legalzoom.com are good. When it comes to a will, you really only need an attorney if you have a very large estate and need to avoid taxes, are going to disinherit someone, or have some other complex estate situation such as setting up a trust.

[FlyMIA]

Originally Posted by SeaLark7

Thanks for the info, Spring and Occifer ! We were told by a couple of people (including a bank official) that our old wills were not valid in Florida ! I am guessing it is still a good idea to draw up new ones, or at least have a lawyer look at the old ones, to make sure there isn't a problem. They are not handwritten ones, but they are "dated" and need to be updated anyway.

It is a very good idea to have a new will written up. That being said for the time being as long as your will was not a holographic will it is valid in Florida as long as it was written before you became a resident of Florida and is valid in Ohio. But the smart thing to do is to get a new one written up.

[Spring Hillian]

Originally Posted by FlyMIA

It is a very good idea to have a new will written up. That being said for the time being as long as your will was not a holographic will it is valid in Florida as long as it was written before you became a resident of Florida and is valid in Ohio. But the smart thing to do is to get a new one written up.

I agree. Less POTENTIAL for headaches down the line. They can make the changes they want to make, add/delete things. That way it is all up to date.

[annerk]

To be honest, even if your will was drawn up in Florida, it's a good idea to redo it every ten years or so, as things do change in your life.