For new Wakulla residents, discover the key differences in Florida estate law that require updates to your existing documents.
Welcome to the Sunshine State! As you settle into your new Wakulla County home, unpacking boxes and discovering local restaurants, there’s one important task that often gets overlooked: updating your estate plan.
The estate planning documents you created in another state may not work as intended under Florida law. I’ve seen too many families discover this disconnect only when it’s too late to fix it. Let’s prevent that from happening to you.
“I’ve seen too many new Florida residents discover their out-of-state estate plans don’t work here only after it’s too late to fix them. Florida’s unique laws offer wonderful protections for you and your family, but only if your documents are properly updated to leverage them. Consider this your welcome gift to the Sunshine State – a roadmap to protect what matters most in your new home.”
Sean Gellis
Here are five essential updates every new Florida resident should make to their estate plan:
1. Address Florida’s Unique Homestead Laws
If you’ve purchased a home in Wakulla County, you’ve likely heard about Florida’s homestead exemption for property taxes. But did you know that Florida’s constitution also creates special protections and restrictions for your primary residence that can override your will or trust?
For example, if you’re married and your current will leaves your home to someone other than your spouse (perhaps your children from a previous marriage), this provision may be invalid under Florida law. The constitution gives your spouse certain rights to the property that can’t be circumvented without proper planning.
Quick Fix: Have your estate plan reviewed specifically for homestead compliance. There are legal strategies to accomplish your goals while working within Florida’s framework, but generic documents from another state won’t account for these unique provisions.
2. Consider a Lady Bird Deed for Your Wakulla Home
Florida is one of the few states that recognizes enhanced life estate deeds, commonly called “Lady Bird deeds.” This powerful tool allows you to:
- Keep full control of your property during your lifetime
- Transfer the property automatically at death without probate
- Maintain homestead tax benefits
- Potentially protect the property in Medicaid planning
Most out-of-state estate plans don’t include this option because it simply isn’t available in most states. For many new Wakulla residents, especially retirees concerned about long-term care costs, adding a Lady Bird deed can significantly improve their estate plan.
Quick Fix: Consult with a local attorney about whether this Florida-specific tool aligns with your goals. It’s relatively inexpensive to create and can solve multiple problems at once.
3. Update Your Will and Trust to Meet Florida’s Requirements
Each state has different requirements for validly executing wills and trusts. If your documents don’t meet Florida’s specific requirements, they might not work as intended—or at all.
Florida requires two witnesses for a valid will, and both witnesses must sign in the presence of each other and the person making the will. While these requirements exist in many states, the specific details can vary.
Additionally, Florida allows for “self-proving” wills with special notarized language. This additional step saves time and expense during probate by eliminating the need to track down witnesses after death.
Quick Fix: Have your existing will and trust reviewed for compliance with Florida formalities. In many cases, properly re-executing these documents under Florida law provides added protection at minimal cost.
4. Revise Documents to Account for Florida’s Elective Share Law
Florida provides robust protection for surviving spouses through its “elective share” law. Regardless of what your will says, your spouse has the right to claim 30% of your “elective estate” (which includes most of your assets, not just probate assets).
This is particularly important for blended families or those with children from previous relationships. If you’ve carefully structured your estate plan to balance providing for your current spouse and children from a previous marriage, Florida’s elective share might disrupt that balance.
Quick Fix: If you’re married, review your estate plan with a Florida attorney to ensure it accounts for elective share rights. Various trusts and other strategies can help accommodate these provisions while still honoring your wishes.
5. Update Your Healthcare Directives and Powers of Attorney
Perhaps the most urgent documents to update are your healthcare directives and powers of attorney. These documents address what happens if you become incapacitated, not just when you pass away.
Many hospitals and financial institutions in Florida are hesitant to accept out-of-state documents, especially if they’re several years old. Florida has specific forms for healthcare surrogates and living wills that local healthcare providers readily recognize.
Additionally, Florida’s durable power of attorney statutes underwent significant changes in 2011, requiring specific language and initialing of certain powers. Older documents or those from other states often lack these required elements.
Quick Fix: Create new Florida-specific advance directives and powers of attorney. Don’t wait on this one—these documents are needed during lifetime emergencies, not just after death.
The Bottom Line: Local Laws Need Local Solutions
Think of your move to Florida as an opportunity to refresh and improve your estate plan. The sunshine state offers many advantages for estate planning, including no state estate tax and strong creditor protections. But these benefits are only fully realized with properly updated documents.
As your neighbor here in Wakulla County, I’ve helped many transplants from northern states update their estate plans to take advantage of Florida’s benefits while avoiding its pitfalls. The peace of mind that comes with knowing your documents will work as intended is well worth the modest investment in updating them.
Your old estate plan may have been perfect—for your old state. Your new Florida life deserves an estate plan that works just as perfectly here.
Sean Gellis is the founding attorney of Wakulla Legacy Estate Planning, focused exclusively on serving the estate planning needs of Wakulla County residents. If you’ve recently moved to our community and need to update your estate plan, contact us for a consultation that focuses on your family’s specific needs.
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