Legal Question in Wills and Trusts in Florida

I and my wife have standard, signed in Texas

1. Last Will and Testament

2. Statutory Durable Power of Attorney

We moved to Florida.

Are those documents in force in FL or we need to replace them?

Thanks for a response,

Mark


Asked on 5/05/13, 6:19 pm

3 Answers from Attorneys
David Slater David P. Slater, Esq.

If validly prepared, the are good in Fla.

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Answered on 5/06/13, 2:09 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

If you have two witnesses and they are notarized they likely suffice. Have a Florida attorney make sure they are adequate under Florida law.

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Answered on 5/06/13, 7:21 am
Douglas R. Coenson, Esq.

If they were validly executed in Texas, then Florida will accept them. However, I recommend you consult with an estate attorney in Florida since the property laws are different. For instance, Texas is a community property state but Florida is not. Also, Florida homestead laws are different.

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Answered on 5/07/13, 5:58 pm


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