Go | New | Find | Notify | Tools | Reply | |
| Member |
Eldery parents want to change their state residency from NC to FL. Their current Will with all the associated documents such as Living Wills was written by a NC firm. When they change residency do they need to have a FL firm rewrite the documents to meet FL "standards"? We want to avoid FL probate and any other complications at their passing. They are not looking to change any of the current terms. | ||
|
Striker in waiting |
Your parents should DEFINITELY consult a FL estate planning attorney. I'm not familiar with NC or FL E&T or probate statutes specifically, but if there are any material differences in FL, they could certainly invalidate provisions of the NC will. If there's nothing significantly different and their will is simple, it shouldn't cost too much to revise and re-file. There may or may not be other end-of-life financial planning considerations due to the move, depending on their situation. -Rob I predict that there will be many suggestions and statements about the law made here, and some of them will be spectacularly wrong. - jhe888 A=A | |||
|
semi-reformed sailor |
When we moved to TX, we definitely had a local lawyer re-write our wills,POA,Medical POA and what not. Things were slightly different. I’d spend the money and relax knowing it’s right versus hoping "Violence, naked force, has settled more issues in history than has any other factor.” Robert A. Heinlein “You may beat me, but you will never win.” sigmonkey-2020 “A single round of buckshot to the torso almost always results in an immediate change of behavior.” Chris Baker | |||
|
| Needs a check up from the neck up  |
Email sent. And let me use this as a public service announcement for a moment. Lots of folks retire to Florida. I am currently working on 5 probate cases where the attorney in another state prepared the will for someone claiming Florida residency but signed their will in another state. Each of those very capable attorneys missed a technicality of Florida law that has caused a probate issue of some sort. Some small, some outright malpractice. I understand that the attorney does not want to lose a long-term client and makes the final will revisions when the client is now claiming Florida residency, but only by a day or so and the attorney does not want to lose the client. This is a really bad idea. If you are claiming residency in a state but your will was drafted, by an attorney in a different state. You are setting yourself up for a problem. Get it looked at by a LOCAL attorney. __________________________ The entire reason for the Second Amendment is not for hunting, it’s not for target shooting … it’s there so that you and I can protect our homes and our children and and our families and our lives. And it’s also there as fundamental check on government tyranny. Sen Ted Cruz | |||
|
| Eschew Obfuscation |
My law school professor told us to watch 'Body Heat' because the plot hinges on the Rule Against Perpetuities.  _____________________________________________________________________ “Civilization is not inherited; it has to be learned and earned by each generation anew; if the transmission should be interrupted for one century, civilization would die, and we should be savages again." - Will Durant | |||
|
His Royal Hiney |
When I moved from CA to AZ, the lawyer said I should get my will redone. I did notice different things like the personal property I specified as part of the CA will is handled via a separate piece of paper that I can update. There's also a difference in how the contingency beneficiaries were handled. It was a surprise to me but, maybe, I shouldn't have been surprised. I thought the process of dying is uniform across state lines. "It did not really matter what we expected from life, but rather what life expected from us. We needed to stop asking about the meaning of life, and instead to think of ourselves as those who were being questioned by life – daily and hourly. Our answer must consist not in talk and meditation, but in right action and in right conduct. Life ultimately means taking the responsibility to find the right answer to its problems and to fulfill the tasks which it constantly sets for each individual." Viktor Frankl, Man's Search for Meaning, 1946. | |||
|
| The Ice Cream Man |
To pile on: Yes, get their documents redone. If at all possible, avoid a multi-state estate. (The estate attorney, especially a FL one, should be aware of various ways to deal w. that.) | |||
|
| Member |
It is. The disposition of your property after you die is not. __________________________ "Sooner or later, wherever people go, there's the law. And sooner or later, they find out that God's already been there." -- John Wayne as Chisum | |||
|
| Little ray of sunshine  |
That is "peppertuities." The fish is mute, expressionless. The fish doesn't think because the fish knows everything. | |||
|
| Eschew Obfuscation |
Oops. My bad. _____________________________________________________________________ “Civilization is not inherited; it has to be learned and earned by each generation anew; if the transmission should be interrupted for one century, civilization would die, and we should be savages again." - Will Durant | |||
|
| Just because you can, doesn't mean you should |
You may want to let one of our Florida attorneys here know the general area or city they are moving to. I'm not an attorney and frugal and I'll second their advice to seek local counsel. That said, there's lawyers and then there's good, honest lawyers. Some that fit the first category will still run up the bill even if their legal skills are sound. Some don't do either part right. Getting a referral from one of our Sigforum legal eagles down there would be much better than getting out the phone book. Others in that profession tend to know who those people are. PS, titling property correctly- real estate, cars, etc. may help minimize probate. It does in my state but I don't know about Florida so consulting before they purchase major items there may help minimize cost and complexity. ___________________________ Avoid buying ChiCom/CCP products whenever possible. | |||
|
| More persistent than capable |
We retired and moved from Fl to NC and had our trusts redone in NC. HUGE difference in requirements with Fl being more technical. Lick the lollipop of mediocrity once and you suck forever. | |||
|
| Member |
Thanks to all who replied. Timdog6, got your email and will reach out when we get closer to actually making the change. | |||
|
| Powered by Social Strata |
 | Please Wait. Your request is being processed... |
|
© SIGforum 2024