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Do my wife and I need to revise our "Last Will and Testaments"? We have retired and moved from NJ to FL. The wills were prepared in NJ and we are permanent residents of FL now.

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Location: Vero Beach  |  Law type: estate planning
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We have retired and moved from New Jersey to Florida. Wills prepared in New Jersey in June of 2016. They incorporate trust agreements for our two adult kids. Do we (me and my wife) need to revise our Last Will and Testaments?


Quick reply - moving to another state, is my last will still valid?

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Legal Solution

The response provided below is specific to estate planning in the jurisdiction of Vero Beach. If the response is inadequate, please submit a detailed inquiry.

Relocating from New Jersey to Florida: The Implications on Your Last Will and Testament

After a significant life change, such as retiring and relocating from New Jersey to Florida, it's essential to review and potentially update legal documents, including your Last Will and Testament. This ensures that they align with the laws of your new state of residence and continue to represent your wishes accurately.

Relevant Legal Provisions

Here are some of the Florida legal provisions and sources that might be relevant when considering updating your Will:

Solutions and Recommendations

Florida law generally respects out-of-state wills that were valid in the state of origination. However, the Florida probate process can present challenges if your will doesn't align with Florida's specific requirements. Here are steps you should consider:

  1. Revalidation with Witnesses: Florida requires two witnesses to the signing of a will, which might be different from New Jersey’s requirements. If your New Jersey will doesn’t meet this criterion, you should consider executing it again with two witnesses in Florida.
  2. Update Trust Agreements: Since you mentioned trust agreements for your adult kids, it’s advisable to ensure these agreements comply with Florida trust law provisions.
  3. Consult a Florida Estate Attorney: Engaging an attorney experienced in Florida's estate laws can provide invaluable guidance. They can review your will to ensure it meets Florida’s requirements and recommend any necessary changes. Find the right lawyer in your area to assist you.

Costs and Charges in Vero Beach, Florida

Below is a table highlighting the average prices for various estate-related legal services in Vero Beach, Florida:

Service Average Price
Initial Consultation $250
Drafting a Basic Will $600 - $900
Complex Will with Trust Agreements $1,200 - $2,500
Probate Process $3,500 - $6,000
Trust Establishment $1,500 - $3,000

Please note that these are approximate prices. The exact fees can vary based on the complexity of your case and the lawyer's experience and reputation.

Clarification and Next Steps

Before proceeding, it would be beneficial to clarify any specific provisions or unique conditions you may have included in your New Jersey will. Additionally, understanding your long-term estate planning goals can ensure your revised documents match your intentions.

It's always a good time to protect your legacy and ensure your family's future.

Answer these questions:

  1. Were there any specific provisions or unique conditions in your New Jersey will? Understanding specific provisions can help identify potential areas of concern under Florida law.

  2. Do you have any assets in New Jersey still? If you retain assets in New Jersey, you might need a specific strategy for those, even after relocating.

  3. Have there been any significant changes in your assets or family circumstances since 2016? Such changes might necessitate updates to your will, regardless of state-specific requirements.

Frequently Asked Questions about Relocating and Wills:

How often should I revise my will?

Regularly reviewing and updating your will every few years or after significant life events ensures it remains valid and truly reflects your wishes.

If my will is valid in New Jersey, why should I revise it for Florida?

While your will might be technically valid, ensuring it aligns with Florida's specific requirements can prevent potential complications during the probate process.

Can I have two wills in two different states?

It's possible but not advisable. Having two wills can lead to confusion and legal complications. Instead, consider a comprehensive will that addresses assets in both states.

Do I need a separate attorney for assets I retain in New Jersey?

Depending on the complexity and value of the assets, you might benefit from retaining legal counsel in both states.

What other legal documents should I consider updating after relocating?

Besides your Last Will and Testament, consider revising your Living Will, Power of Attorney, and any Healthcare Directives to ensure they comply with your new state's laws.

Remember, while navigating legal nuances can be complex, there are resources and professionals available to guide you. Whether you want to compare lawyers in your area or ask a free legal question, don't hesitate to seek help. Your peace of mind and your family's future is worth it.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "Do my wife and I need to revise our "Last Will and Testaments"? We have retired and moved from NJ to FL. The wills were prepared in NJ and we are permanent residents of FL now." has been changed 1 year 5 months ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Vero Beach & area of law: estate planning.
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