Legal Question in Elder Law in Florida

I have a will drafted in New York and now have moved to Florida. Do I have to refile my will in Florida?


Asked on 5/10/17, 9:32 am

3 Answers from Attorneys

Alan Wagner Wagner McLaughlin, P.A.

No. Wills are not filed until the person dies.

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Answered on 5/10/17, 11:20 am
Lucreita Becude Lucreita D. Becude, P.A.

If you are planning on living in Florida and take use of our homestead exemption from creditors, I suggest you do a new will, along with the directives.

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Answered on 5/10/17, 1:25 pm

As long as as the will was validly executed in New York, Florida will recognize the will. You do not have to file it. I strongly recommend consulting with an estate planning attorney to review your will since Florida laws are different and there may be language you want to change in the will to better protect your interests. While having your will reviewed, you should also have your health care directives and durable power of attorney updated.

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Answered on 5/10/17, 8:55 pm


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