Q: I recently moved from Michigan to Florida and have established my Florida residency. I have been talking with one of my neighbors who tells me it is necessary to re-write my will and other estate planning documents in Florida and I am wondering whether this is so. Can you please advise me on this?

A: The general rule of thumb is that it is always advisable to re-write your estate planning documents in whatever state you establish your residency. Many times people retire to Florida in their 50s or 60s and end up returning to their state of origin when they are older, particularly in their 80s or 90s. The best advice is to have your documents reviewed whenever you change domiciles as legal matters do differ from state to state.

Generally speaking, most people should execute three estate planning documents: a will, a durable power of attorney, and a living will and designation of health care surrogate. It is important to note that the provisions of these documents differ from state to state. This is particularly true with living wills and durable powers of attorney, for which the provisions are often statutory in nature, and the provisions from one state may not match those from another state. In Florida both powers of attorney and living wills have statutory grounding.

There are also differences from state to state regarding wills, particularly as it concerns the requirements governing the person you appoint to serve as your personal representative (executor) and also with regard to elective share laws. Florida recently passed wide-ranging elective share statutory provisions, which apply to surviving spouses. Traditionally, an elective share applied only to assets “subject to administration,” which meant assets that were probate assets. The elective share has now greatly expanded to include many other types of assets besides probate assets.

For all of the above reasons you should have your estate planning documents reviewed in Florida – and reviewed again if you subsequently move to another state.

Thomas E. Sliney received his juris doctorate from the University of Michigan Law School and has significant experience in wills, trusts, estate planning and administration, and real estate. He also has extensive governmental, municipal and zoning experience. He has served as town attorney for the Town of Highland beach since 1973, and also serves as the attorney for the City of Boca Raton Civil Service Board and Code Enforcement Board. The above Question & Answer is provided for general informational purposes only and should not be considered as legal advice as to any specific matter. You should not act solely upon this information without consulting legal or other professional advisors.