The Listen to Lawrence Letter: A Quirk in Florida Law

Hey everybody,

I learned something new this week, and I thought it was worth sharing.

If you sign a valid New York will and later move to Florida, Florida will recognize your will, but the person you named as executor may or may not be allowed to serve.

Florida requires an executor to be a Florida resident, or, if they live outside Florida, generally to be a close family member, such as a spouse, parent, child, sibling, aunt, uncle, niece, or nephew.

I learned this because a New York client named his longtime girlfriend as executor. He later moved to Florida and eventually died there as a Florida resident.

Surprise. She lives in New York and isn’t a qualifying relative, so she can’t serve.

Your New York will remains valid when you move to another state. But that doesn’t mean every detail will work the way you intended.

That’s why I recommend having your estate planning documents reviewed by an attorney in your new state whenever you move.

Every state has its quirks. Sometimes one of them matters.

I hope this helps.

And, if anyone you know would like to

receive this Listen to Lawrence Letter just

tell them to send their email address to info@davidowlaw.com and I’ll add them to the list!

As always, please send your questions in! If you are thinking about it, others are probably too, so my answers will no doubt help you and many others.

Let’s stay connected. Stay safe!