Q: We moved to Florida 2 years ago and were told recently that our will and trust does not count. Do we have to do rye trust and will all over again?
A: You need to go to see someone else.
I have many many snowbird clients whose estate plans were written here in Michigan that have been applied in Florida and other states.
Given the local variations in Medicaid crisis planning, I can see where a FL attorney might say that some revisions should be made to comply with local MA law, but "does not count" is a sales pitch that should be scorned!
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It would be impossible for an Attorney to tell you the document does not count without a full review. Most of the time, only small amendments are required to conform with Florida law but every situation is different and I would recommend you consult with an Estate Planning attorney regarding the same. Our office offers a free consultation and we would be happy to discuss your options at such time.
A will executed in Michigan may be eligible for probate by a circuit court in Florida; however, there are legal sticking points that may need to be addressed. Seek out a consultation from an experienced attorney.
I agree with the other responses. An estate plan that is VALIDLY executed anywhere in the U.S. should be valid anywhere ELSE in the U.S. Maybe elsewhere, as well. The point, however, is that you need to have your estate plan reviewed every few years to make sure that it still does what you need it to. When you moved to Florida, did you make sure that your Florida property was properly titled in the name of your trust? There are also subtle differences in laws that might make some adjustments advantageous for you.
Most attorneys will review your documents for no charge or nominal charge. If they tell you that your other documents are "no good", then I would respectfully seek a second opinion.
*** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.
I agree-simple amendment should work on trusts.
Would suggest new power or attorney documents because of new Florida Law 10/1/11.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
The only "issue" I can see is that Florida requires witnesses to a trust and no other state I am aware of does that. However, if the trust is valid in Michigan the "full faith and credit" clause of the US Constitution requires its acceptance in Florida. It is a "sales pitch" that you need a complete do-over some amendments should be all that are appropriate. However, to be sure any power of attorney is accepted in Florida (for property or for health care) consider new Florida powers.
Basically, I agree with the other answers here. This is just some more information for you.