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I’m Moving to Florida. Should My Trust Move too?

As attorneys licensed to practice law in New York, New Jersey and Florida, we can provide valuable insight on whether you need to change your trust if you moved from New York to Florida or New Jersey. While the short answer is no, it is important to consider other estate planning documents that you may need to update.

First, it is important to understand that trusts are generally recognized across state lines. If you have a trust established in New York, it will still be valid and enforceable in any other state. However, there are some exceptions to this general rule. For example, if your trust was created specifically to take advantage of certain New York laws, those laws may not apply in Florida. It is important to consult with an attorney in Florida to ensure that your trust remains effective and provides the protection and security that you need.

While you may not need to change your trust when you move to Florida, there are other estate planning documents that should be updated. One of the most important documents to update is your will. Wills are subject to state laws, so if you have a will that was created in New York, it may not be valid or enforceable in Florida. You should work with an attorney who is licensed in Florida to create a new will that conforms to Florida laws.

Another document that you should update is your power of attorney. A power of attorney is a legal document that gives someone else the authority to take actions and execute documents on your behalf. If you have a power of attorney that was created in New York, it may not be recognized in Florida. You should work with an attorney in Florida to create a new power of attorney that conforms to Florida laws.

In addition to updating your will and power of attorney, you may also need to update other estate planning documents, such as your healthcare proxy, living will, and beneficiary designations. It is important to consult with an attorney in Florida to ensure that all of your estate planning documents are up to date and valid under Florida law.

As attorneys licensed in New York, New Jersey and Florida, Beress & Zalkind PLLC has the expertise and knowledge to ensure that if you recently moved to one of these states, your estate plan is up to date and that all of your documents are valid and enforceable under laws of the state of your new residence. With the help of an experienced attorney, you can ensure that your estate plan provides the protection and security that you and your loved ones need, no matter where life takes you. Contact us today to schedule a consultation and get started on updating your estate plan.

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Viktoria Beress
Viktoria Beress
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