Update your will after moving to Florida

On Behalf of | Dec 27, 2017 | Estate Planning, Firm News |

If you already have a will written and approved by an attorney, then you are already far ahead of most American adults. However, a will should never remain a stagnant document. If you create your will early on in life in your 20s or 30s, then you will need to update it constantly throughout the years. One time when you definitely want to alter it occurs when you move to another state

Most people know to update their wills after marrying, divorcing or having kids. However, an interstate move can also impact the division of assets set forth in a last will and testament. The last thing you want to happen is your will becoming misinterpreted upon your death, leaving behind stress and heartache for those left behind. 

Ensure proper language when clarifying power of attorney

Many states have slightly different definitions of legal terminology. Florida updated its power of attorney laws in 2011, so a very precise language needs to be present in the will for it to be accurate. In other states, a person may be able to write, “I grant total power of attorney to my agent.” That statement is too vague in the state of Florida. You need to list the powers given to your agent in detail with a Florida will for a court to know what to do. 

Potentially declare a different personal representative

Part of your will should declare a person to oversee your estate upon your death. In Florida, that representative needs to be a state resident in the event he or she is not your spouse or related to you by blood. It is also possible to declare a bank or another institution to oversee the division of your estate, but this organization needs to be able to do business in Florida. This fix is as simple as locating a person who resides in Florida to become your representative.