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

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.

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Attorney answers 7

Posted

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 of a proper consultation with a qualified attorney. You should not act upon this Information alone, but should seek legal counsel prior to taking any action.

Posted

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

Dennis Michael Phillips

Dennis Michael Phillips

Posted

MN

Dana Laganella Gerling

Dana Laganella Gerling

Posted

Yes misread the first time, stuck in Michigan I guess.

Posted

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 answers to AVVO inquiries are based on his understanding of Illinois law only. His answers are for general information about perceived legal issues within this question only and no response to any posted inquiry should be deemed to extend any right of confidentiality between you and Mr. Smolinski, to constitute legal advice, or create an attorney/client or other contractual relationship. An attorney/client relationship is formed only by specific agreement including an evaluation of the specific legal problem and review of all the facts and documents at issue. We try to insure the accuracy of this information, but we cannot guarantee its accuracy. The reader should never assume that this information applies to his or her specific situation or constitutes legal advice. Therefore, please consult competent counsel that practices in the subject area in your jurisdiction and who is familiar with your specific facts and all of the circumstances.

Posted

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. ***************************************** 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 hope you our answer helpful!

Posted

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.

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Posted

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

Posted

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.