We had a will drawn up 30 years ago in the state of NY - but we now live in Florida. Is this will valid in the state of FL?

We have two children and have left everything to them to divide equally and they are both over the age of 21. All we have to leave them is our home and contents and our stocks.
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Answers (2)

Douglas Ron Coenson

Douglas Ron Coenson

Contributor Level 5
If the will was validly executed in New York, it will be recognized in Florida. However, I strongly recommend you consult with an estate planning attorney in Florida to review the will. For one, it is always a good idea to review your will and estate plan every few years if not more often. Secondly, the property you now hold is different and there may be alternative ways to distribute your estate in order to mitigate probate and taxes. Lastly, probate rules have changed from 30 years ago so it is important to understand the implications.
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David Michael Goldman

David Michael Goldman

Contributor Level 7
If the will was valid in NY it should be valid in Florida. You may consider using a trust or enhanced life estate deed to distributed your home upon your deaths to avoid the thousands of dollars in probate costs associated with a Florida Probate. Florida's intestate laws will provide that each child gets 1/2 of your estate even if you do not have a will or your NY will is invalid, but only the will can deal with some issues like problems with a child or how to protect a child from their creditors taking a portion of your assets. Much has changed over the past 20-30 years and it would be advisable to meet with a Florida Estate Planning Lawyer to review your circumstances and goals to determine what is the best set of documents to protect you and your family.

You may also want to view the Florida Probate Handbook to see what is involved with a probate and why you may want to avoid the cost and process for your family.
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