What Florida Newcomers Need to Review in Their Estate Plan

You planned carefully before the move. Will, trust, power of attorney, healthcare directives — it’s all in a folder somewhere. Now you’re settled in Florida, and the question most people never think to ask is: does any of it still work the way you intended?

The answer depends on what you have. Florida has its own laws governing estate planning documents, and some things that worked perfectly in your previous state may function differently — or not at all — here. The good news is that for most people, this is a review, not a rebuild. Here’s what to look at and why.

Power of Attorney

This is the document most likely to cause immediate problems. Florida’s Power of Attorney statute has specific requirements for how these documents must be executed and what authority they can grant. Florida banks and financial institutions are not required to honor older documents from other states — and many won’t. If your agent ever needs to manage your accounts or property during an illness, a document that isn’t recognized is the same as having none at all.

If your POA is more than a few years old or was drafted in another state, this is the first thing to update.

Healthcare Surrogate & Living Will

Florida uses specific terminology and legal standards for healthcare decision-making documents. What another state calls a “healthcare proxy” or “healthcare agent” needs to meet Florida’s execution requirements to be fully effective here. Your Living Will should also be reviewed to ensure it reflects your current wishes and is consistent with how Florida law interprets end-of-life directives.

Will

A will validly executed in another state is generally recognized in Florida, but that doesn’t mean it accounts for Florida-specific rules. Two things to flag in particular:

• Homestead property: Florida’s homestead law restricts how you can leave your primary residence if you have a surviving spouse or minor children. A will that was perfectly legal in another state can run directly into this restriction, overriding your intentions.
• Witness and notarization requirements: Florida has its own execution formalities. A will that doesn’t meet them may face challenges during probate.

Revocable Living Trust

Trusts travel across state lines more smoothly than most estate planning documents, but a Florida review is still worthwhile, especially if your trust was structured around another state’s Medicaid rules or doesn’t address Florida’s homestead provisions. If long-term care is anywhere on the horizon, this matters more than most people realize.

Medicaid Planning

Florida Medicaid has its own eligibility rules, asset limits, and look-back period calculations. Strategies that were available in your previous state may be structured differently here or unavailable entirely. The planning tools that protect your assets work best when used early — before a health crisis forces the issue. If you’ve recently established Florida residency, now is the right time to review your long-term care plan alongside your estate documents.

What to Bring to the Meeting

A review doesn’t need to take long. Coming prepared makes it faster:

• All existing estate planning documents: will, trust, POA, healthcare directives
• A list of your assets and how they are titled — joint, individual, in a trust, with beneficiary designations
• Names of current beneficiaries, agents, trustees, and surrogates
• Any recent family or life changes: marriage, divorce, death of a named beneficiary

Elder Law Firm of Clements & Wallace, P.L. has helped hundreds of Florida newcomers and returning snowbirds get their plans updated. If you’ve moved to Lakeland in the past year, or you’re heading back for the season, we’d love to sit down with you.

Schedule an estate plan review with our team today.