Legal Question in Wills and Trusts in Florida
If a person draws up a POA, Living Will and Estate Trust in NY and then moves to Florida, will the NY forms hold up in Florida? Thank you very much. [email protected]
3 Answers from Attorneys
Yes and no. I suggest you draw up your documents in Florida. Especially as Trust. Florida has inheritance tax. Further creditors can not touch the homestead of the decedent. However if you draw up a trust in New York, I have to assume the trust will be based on New York law and will so state.
If validly executed in New York, Florida will recognize them. As the previous answer mentions, there may be certain laws that trump the provisions in the trust. Should you have any further questions, please feel free to call me.
Yes and no is the correct answer. If they were valid under NY law, they will be valid here. But if you now own property in Florida, there may be issues you need to address because the property laws in the state of Florida are different than NY laws. I suggest you have an attorney review them - most attorneys will charge a very small fee for this. Regards,
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