Trust & Estate Quick Tip #8: Validity of Estate Planning Docs Executed Outside Florida

www.estateandprobatelawyer.com / 954-580-3690

Yes, your estate planning documents are still valid in Florida if they were executed properly!

However, these are the most common problems that may come up for the following types of estate planning documents:

1. Will: Your will is only considered “self-proved” if witnessed and signed by two witnesses and a Notary Public. If it is not self-proved, probate court will have to track down a witness to testify the validity of the will, which can be difficult to do.

2. Powers of attorney: If a power of attorney is used to convey real property, it must be executed in the same manner as a deed—i.e., two witnesses and a notarized acknowledgement—even if not required in the state of execution.

3. Prenuptial and postnuptial agreements: Big issues can arise when these marital agreements does not reference waivers of homestead. Florida is a homestead state.

If you had your estate planning documents executed outside of Florida and recently moved to the state, make sure to have an estate planning attorney in Florida review your documents so that you can avoid any future problems!

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