Will my Will, written in Florida, be honored when I move to Minnesota?

Asked over 1 year ago - Orlando, FL

I had a Will drafted a year ago in Florida. I plan to make a permanent move to Minnesota in July of this year.

Attorney answers (7)

  1. Richard Allan Heller

    Contributor Level 13

    12

    Lawyers agree

    Answered . Generally, most states will attempt to honor the will, but using their statutory requirements. For instance, Florida has very specific issues with regarding to disinherting a spouse and elective share right for a disinherited spouse. That is Florida specific. In Minnesota it may be different, the same, or similar.

    I would HIGHLY recommend that you consult with an attorney in Minnesota after you move. He/she will probably recommend a new will.

    The response given is general in nature and based upon limited information. It does not and cannot replace that... more
  2. Paul A. Smolinski

    Pro

    Contributor Level 17

    11

    Lawyers agree

    Answered . You now have three lawyers in a row that recommend that you consult with a local (Minnesota) attorney when you relocate there. Why? Wills are not all the same even when drafted by attorneys in the same state. Perhaps your existing Will was done well and works with Minnesota laws and perhaps not - it makes sense to ask someone who knows AFTER they review it.

    Additionally, depending on your age, assets, family structure, goals and other factors it might be prudent to have a Living Trust, Powers of Attorney or other such documents. This is what Elder Law attorneys and Estate Planning attorneys do - look at the whole situation and give advice.

    You can find local attorneys on this website or at naela.org. Best Wishes!

    Legal Disclaimer: Paul A. Smolinski is licensed to practice law in the State of Illinois only, and as such, his... more
  3. Dana Laganella Gerling

    Pro

    Contributor Level 11

    9

    Lawyers agree

    Answered . Every states law are different. I would recommend you consult with an attorney in MI.

  4. Paul Klemow

    Contributor Level 5

    6

    Lawyers agree

    Answered . Assumming your last will was properly signed and witnessed in Florida, it will be honored in all other states.

  5. James P. Frederick

    Contributor Level 20

    5

    Lawyers agree

    Answered . I agree with my colleagues. Given your move, you also want to consult with an estate planning attorney to review your estate plan, overall. There may be state specific differences that provide for benefits in MN that are not available in FL, or vice versa. In addition, given your change in circumstances, you may find that a Will is not the best planning tool for you to use. For example, if you wish to avoid probate, a Will does not allow you to do this. A Will is only used in probate.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more
  6. Andrew Vincent Coviello Jr.

    Contributor Level 5

    3

    Lawyers agree

    Answered . Per Florida Probate Code, so long as an out of state Will is validly executed per that state's law, Florida may honor it as a validly executed Will. *However, that is Florida Law, NOT necessarily Minnesota law.* You should contact a competent, practicing Minnesota Estate Planning Attorney to ensure whether or not Minnesota will honor your Will drafted in Florida.

  7. Charles Adam Shultz

    Contributor Level 19

    4

    Lawyers agree

    Answered . Your will if valid in Florida will be valid in Minnesota. That said, there are other key documents part of an estate plan that you should have including Power of Attorney and Medical Directive. Those documents are best done under the laws of your residence because if they become necessary, those needing them wont be comfortable with a form they are not familiar with or referencing the laws of another state. When you get to Minnesota, consult a local estate planning attorney.

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or... more

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