Welcome to Paradise… But Don’t Forget to Update Your Estate Plan
Retiring to Florida comes with plenty of perks—sunshine, palm trees, no state income tax—but it also comes with a few legal surprises, especially if you’re bringing an estate plan from another state.
I’ve helped many clients who relocated to Florida thinking their estate plan would travel with them. The truth is—Florida has its own rules, and your plan may need a refresh. Here’s what to know if you’ve recently made the move (or are planning to).
Many retirees assume their wills, trusts, or powers of attorney will work just fine in Florida. But here’s the reality: not all estate plans travel well.
Whether you’ve settled on the west coast in Naples, found your spot in Fort Lauderdale, or are still unpacking your boxes, it’s a good idea to review and update your estate plan to make sure it reflects Florida law—and your new lifestyle.
At Staab Law, we help retirees protect their legacy, avoid probate, and enjoy peace of mind in retirement. Here’s what you need to know if you’ve recently made Florida your home.
Why You Should Review Your Estate Plan After a Move
Laws vary from state to state, and Florida has its own rules when it comes to:
- Wills and trusts
- Powers of attorney
- Homestead protections
- Asset titling and probate
- Spousal rights and inheritance
If your estate plan was created in another state, it may still be valid in Florida—but that doesn’t mean it’s optimal. Even small differences can cause delays, confusion, or unintended outcomes when your loved ones need to rely on it.
What Makes Florida’s Estate Laws Unique?
Here are a few quirks that surprise many newcomers:
- Florida Homestead Laws
Florida has strong protections for your primary residence (called your “homestead”), but those protections come with restrictions on how you can leave your home in your will or trust—especially if you’re married or have minor children.
If your plan contradicts Florida’s homestead laws, your spouse or heirs could run into legal roadblocks after your death. A quick review now can prevent major headaches later.
- Formal Requirements for Wills
Florida is very particular about how a will must be signed and witnessed. Some out-of-state wills don’t meet these standards, which could make them vulnerable to challenge or even invalid in probate court.
We can review your current will to confirm whether it meets Florida’s requirements—or help you update it if needed.
- Powers of Attorney Are State-Specific
Some powers of attorney that work fine elsewhere may not be accepted by Florida banks, title companies, or institutions.
In Florida, your durable power of attorney must:
- Be immediate (not “springing”)
- Contain specific language for certain actions/powers
- Be properly executed and witnessed
We strongly recommend updating your power of attorney once you’re a Florida resident.
Common Pitfalls We See With Transplanted Estate Plans
- Outdated or Missing Florida Documents
Many people move with older documents that don’t include essential Florida provisions—like healthcare surrogate designations, HIPAA authorizations, or living wills tailored to state law.
- Unfunded Trusts
Trusts from other states may still be valid, but if your assets haven’t been properly transferred (or retitled), they may not avoid probate as intended.
- Conflict with Florida’s Elective Share Laws
In Florida, your surviving spouse has a legal right to a portion of your estate—even if your will says otherwise, referred to as the “elective share.” This can cause trouble if your documents were drafted in a community property state or in a way that doesn’t consider Florida law.
Key Documents Every Florida Retiree Should Review (or Create)
Whether you’re updating old documents or starting fresh, here are the essentials we recommend:
- Revocable Living Trust
Helps avoid probate, especially if you own real estate or have heirs in multiple states. It also offers privacy and control over how assets are managed after your death.
2. Pour-Over Will
Works with your trust to catch any assets that weren’t retitled properly and ensures they’re distributed according to your wishes.
3. Durable Power of Attorney
Lets someone you trust handle financial matters if you become incapacitated. Florida has strict requirements here, so don’t rely on an out-of-state version.
4. Health Care Surrogate & Living Will
Designates someone to make medical decisions on your behalf and outlines your preferences for end-of-life care. These are especially important if you’re far from adult children or longtime doctors.
5. HIPAA Authorization
Allows loved ones access to your medical information in emergencies. Without it, even close family members may be kept out of the loop.
6. Homestead Planning
We’ll review how your Florida home is titled, how to maximize your property tax exemptions, and how to protect your spouse or heirs under state homestead rules.
Bonus Consideration: Do You Own Property in Another State?
If you’ve kept a second home or vacation property outside of Florida, your estate plan needs to account for multi-state probate. A trust can help consolidate those assets and ensure they’re distributed smoothly.
We’ll help you create a plan that covers all of your assets, not just the ones in Florida.
The Benefits of Updating Your Estate Plan Now
- Avoid unnecessary probate or legal delays
- Make sure your documents comply with Florida law
- Ensure your spouse and heirs are protected
- Update beneficiary designations and asset titling
- Reduce the burden on your loved ones during emergencies
- Gain peace of mind so you can enjoy retirement
You moved to Florida for the lifestyle—let’s make sure your estate plan is keeping up.
What About Taxes?
Florida doesn’t have a state estate tax or inheritance tax, which is great news. But federal estate tax still applies if your estate is above the threshold ($13.99 million in 2025, and currently set to sunset by half on January 1, 2026). If you’re nearing that level—or want to protect your heirs from future tax changes—we can help with advanced planning strategies.
Staab Law’s Approach to Florida Relocation Planning
We regularly help clients who have relocated from other states—including many from the Northeast, Midwest, and California. Whether you’re living full-time in Naples, splitting time with Fort Lauderdale, or just moved down for retirement, we’ll make sure your plan works here.
You’ll get:
- A complete review of your current documents
- Clear explanations of what works and what needs updating
- Custom planning based on your goals and lifestyle
- A plan that reflects both Florida law and your long-term wishes
Final Thoughts: New State, New Rules—Same Peace of Mind
Retiring to Florida is an exciting new chapter. But with that change comes a new legal landscape—and your estate plan needs to keep up. A few easy adjustments can help you protect your assets, reduce probate, and enjoy retirement with confidence.
Whether you’ve moved recently or have been here for years, now is a great time to allow Staab Law to review your documents so that you can avoid surprises and be sure everything is aligned with your new life. Let’s make sure your plan is as sunny and stress-free as your new home.