Some snowbirds travel to Florida annually but maintain their primary residences in other states. Others might spend so much time in Florida that the Sunshine State becomes their new legal home. The house that was once a vacation property becomes their primary residence.
Particularly in scenarios that fall into the latter category, older adults traveling back and forth between Florida and a colder location may need to consider making some adjustments to their estate plans. Estate planning documents range from wills and trusts to advance directives that protect people during medical emergencies.
Snowbirds living in Florida at least part of the year may need to review their existing estate plans and make modifications to their documents in some cases.
The rules for wills are different in Florida
Technically, every state has unique statutes that apply to wills, trusts and other estate planning documents. Florida has some of the most unique regulations in the country.
Those who added no-contest clauses to their wills may not realize that Florida does not enforce penalty clauses during probate proceedings. As such, those clauses only serve as deterrents and may not actually prevent probate litigation.
Adults moving to Florida or residing there enough for Florida laws to apply after their passing may need to modify their estate plans to ensure that they comply with state law. They may need to add their Florida assets to the will. In some cases, they may even want to consider establishing trusts as a means of limiting conflicts and reducing the likelihood of probate litigation.
A medical emergency could occur in Florida
People residing in Florida for at least part of the year may want to modify their estate plans to include state-appropriate advance directives. The documents they drafted in another state may not fully align with Florida requirements.
Living wills, health care surrogate designations and documentation related to anatomical donations can all be important additions to a pre-existing estate plan from another jurisdiction. People may also need to make arrangements to store or transport their physical remains if they believe their loved ones may hold their funerals in another jurisdiction.
Snowbirds may need to plan to address emergencies while they are in Florida and assets that they own in the Sunshine State. Reviewing estate planning goals and concerns with a skilled legal team can help snowbirds establish workable estate plans and appropriately adjust existing documents.
