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Will, other documents will be valid and upheld in Florida

September 14, 2018
By ERIC FEICHTHALER - Real Estate Law , Cape Coral Daily Breeze

Dear Mr. Feichthaler:

I have recently moved here from Illinois, and I recently had all of my estate planning done there. This includes a will, power of attorney, and other documents. I want to make sure my wishes are met, including the distribution of my house to my daughter. My other kids, a son and daughter, are very successful and do not need the house. Do I need to redo all of my documents?

-Annette H

Dear Annette:

Welcome to Cape Coral! I hope you are enjoying the community so far. Your question is asked by a lot of my clients. Many have been told by friends that wills and estate planning are only valid in the state where they were prepared and signed, and want to prepare new documents here in Florida. The previous documents, generally speaking, will be valid, so long as they were prepared and signed based on the requirements of the other state, in this case, Illinois. So, if your will provides that your one daughter gets the house, the will will be valid and upheld in Florida.

Consider that, as I have noted many times before, the bequest in the will does not make the transfer automatic - the property may be required to go through probate proceedings to be titled to your daughter. There are options to avoid probate, like a revocable trust or enhanced life estate deed, to avoid probate, while fulfilling your desire regarding the property.

Eric P. Feichthaler has lived in Cape Coral for over 30 years and graduated from Mariner High School in Cape Coral. After completing law school at Georgetown University in Washington, D.C., he returned to Southwest Florida to practice law and raise a family. He served as mayor of Cape Coral from 2005-2008, and continues his service to the community through the Cape Coral Caring Center, Cape Coral Historical Museum, and Cape Coral Kiwanis. He has been married to his wife, Mary, for over 17 years, and they have four children together. He earned his board certification in Real Estate Law from the Florida Bar. He is AV Preeminent rated by Martindale-Hubbell for professional ethics and legal ability, and is a Supreme Court Certified Circuit Civil Mediator.

This article is general in nature and not intended as legal advice to anyone. Individuals should seek legal counsel before acting on any matter of legal rights and obligations.

 
 
 

 

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