What a Floridize Review checks

These are the places where a plan written in another state most often meets Florida law and comes up short. Each page answers one question, cites the Florida law behind it, and says how we fix it.

• DomicileIs your estate plan proving you never left your old state?Old estate planning documents that recite your former address can be used as evidence that you never changed your domicile. How to make your plan support your move to Florida.
• Personal representativeCan someone who lives out of state be your personal representative in Florida?Florida limits who may serve as personal representative if they live outside Florida. Relatives within certain degrees may serve; friends and advisors may not. What to do if your will names the wrong person.
• Power of attorneyWill a power of attorney from another state work in Florida?Florida recognizes a power of attorney validly signed in another state. Banks may still ask for a lawyer's opinion or refuse an unfamiliar form, and old forms lack the powers Florida requires you to initial separately.
• Medicaid and the QITDoes your power of attorney let your family qualify you for Medicaid in Florida?Florida long-term care Medicaid often requires a Qualified Income Trust when income is over the limit. If your power of attorney doesn't authorize one, your family may need a guardianship.
• HomesteadHow do Florida's homestead rules affect an estate plan from another state?Florida's constitution limits who can inherit your home when you leave a spouse or minor child. Plans written elsewhere don't account for it. What to check in your will and trust.
• Married couples and entiretiesDo separate trusts cost married couples protection in Florida?Florida protects property married couples own together as tenants by the entirety. Separate his-and-hers trusts from another state can give that up. A Florida joint trust can keep it.
• Funding and out-of-state propertyIs your trust actually holding anything?A revocable trust only avoids probate for assets titled in it. Many trusts brought to Florida hold nothing, and property left up north can mean a second probate in that state.
• Out-of-state willsIs my out-of-state will valid in Florida?Florida accepts a will validly signed in another state, with one exception for handwritten and oral wills. Valid isn't the whole story: fiduciaries, tax provisions, and homestead still need checking.
• Health care documentsDo health care directives from another state work in Florida?Florida honors advance directives validly signed in another state. Florida forms still move faster with providers, and most plans from other states lack a pre-need guardian designation.
• Second marriagesHow does Florida law change a second-marriage estate plan?Florida's elective share, homestead rules, and pretermitted spouse statute can override a blended family's plan written in another state. What to check and how to fix it.
• Community propertyWhat happens to community property when you move to Florida?Florida is not a community property state, but it preserves community property rights in property acquired while you lived in one. How that affects your estate plan.