If your estate plan was prepared in another state before you moved to Florida, your documents may need to be updated to comply with Florida law.

To be legally valid in florida your estate plan must fulfill certain criteria, which are listed below:

1. Your last will must be in writing and be signed by the testator at the end in the presence of two subscribing witnesses. 
2. These witnesses must be signed in the testator's presence and each other.

However, if a will was validly executed according to Florida's state law. While the execution time, it may be offered for probate in Florida.

For the will to be admitted to probate, it must be proved by the oath of a witness to the will or made self-proving at the time of execution by compliance with Florida law or the law of the State where it was executed at the time it was executed.

If the will was not made self-proving, we look to see if the names of the witnesses are legible and evaluate the ease with which those witnesses may be located after your death.

If your last will and testament are not self-proving and you have no additional changes, we may need to prepare a codicil that identifies your prior will by the date of its execution and the names of the witnesses, have you declared that you adopt the provisions of that will as your will, and have you sign it in the presence of two new subscribing witnesses who sign it as witnesses in your presence and the presence of each other, and then have you and the witnesses execute a certificate in the presence of a notary to make the will self-proving under Florida law. Other changes may be necessary as well. 

If your estate plan was prepared in another state before you moved to Florida, your estate planning documents may need to be updated to comply with Florida law.

Another thing to keep in mind is whether your will includes a power of sale for real property, including homestead real property. If not, a court order will be required for your representative to be able to sell the property before making distribution to your beneficiaries.

Important Things to do right after shifting to florida without delay: 

We look at those same items when we review a trust executed out of state. In addition, we recommend that you amend the trust administration to do 4 things:

1. Declare that you are now a Florida resident. The purpose of that declaration is so that you may apply for the Florida homestead tax exemption and provide evidence that your estate is not liable for the payment of a state inheritance tax to the state of your prior residence.

2. Make it clear that Florida law will apply to any disputes regarding the validity and interpretation of the trust.

3. Incorporate the fiduciary powers provided by Florida Law, including the power to sell and transfer property of the estate without a court order.

4. Add a Florida homestead provision so that you can continue to claim the homestead tax exemption.

Moved to Florida Recently! What are the important documents that you have in place relating to incapacity?

In addition, there are 3 other documents relating to incapacity planning that you must review after moving to Florida.

1. Review and Update your estate plan
2. Designation of healthcare surrogates
3. A durable power of attorneys

While Florida law recognizes wills and trusts validly executed in other jurisdictions, in some cases, after the attorney reviews the estate planning documents and a Durable Power of Attorney. It needs to be executed with the same formality as a Florida deed.

You will also need an updated Designation of Health Care Surrogate which authorizes your health care providers to discuss your medical condition and treatment with the person you have designated as your surrogate, and you may also want to obtain a Florida statutory Living Will.

In updating your estate plan, it is always worthwhile to take a look at asset protection issues. Everyone is familiar with estate taxes and how to reduce or eliminate your exposure there. Estate tax planning is focused on protecting your assets before distribution to your beneficiaries. What people tend to overlook is asset protection planning for the beneficiaries who will inherit their wealth, including the spouses they may leave behind. In this uncertain economy, the asset protection dimensions of your estate plan may be your most important legacy.

Useful Resources:

1. Are you a Qualified Beneficiary What are your legal rights? 
2. Understand Your Duties as Florida Trustee Duties in a Nutshell. 
3. What happens to your assets when you die without a will in Florida?