Legal Question in Wills and Trusts in Florida

We have a wills made in the State of Indiana. We also have a living wills completed in Indiana. We are permanent residences of Florida now. Do we need to have new ones made in Florida? Our estate is under $250,000.


Asked on 1/11/10, 6:10 am

4 Answers from Attorneys

Leon Ferraez Ferraez, LLC

First, there are some mechanisms for admitting a foreign will to probate in Florida. However, now that you are Florida residents, you should execute Florida Wills.

Second, the size of the estate is just one factor, among many, for determining whether you actually need a will. Depending on the type of asset (real estate, financial products, vehicles, etc.), you may be able to distribute them without a Will.

However, I always recommend that Florida residents execute Wills for this state.

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Answered on 1/16/10, 7:24 am
David Slater David P. Slater, Esq.

If valid in Indiana, it is valid in Fla. That does not mean it should not be reviewed.

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Answered on 1/16/10, 8:43 am
Lesly Longa Longa Law P.A.

Well, the will should be valid here in Florida if it was valid in Indiana. You may own property here in Florida now, so it might be a good idea to have an attorney review it. The living will is another matter entirely. You can pick up the form recommended by the Florida legislature - there is a link to it on my website www.floridawillmaker.com. Please contact me if I can be of further assistance.

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Answered on 1/18/10, 1:34 pm
Lucreita Becude Lucreita D. Becude, P.A.

IF the will is valid in Indiana then it is valid here. However, any directives, i.e. living will, health care surrogate, preneed guardian - really need to be Florida docs. You can retrieve them from the Flabar.org and complete them online. I would suggest that you have your will done for the state of Florida. If you are located in my area, please give me a call.

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Answered on 1/25/10, 8:47 am


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