If you spend your winters in Palm Beach and your summers up north, your estate plan has to work in two worlds. Many of our clients are retirees and snowbirds who established Florida residency to enjoy the climate and the absence of a state income tax, yet still own a home, accounts, or family ties in another state. We build estate plans grounded in Florida law that respect that reality and keep your affairs simple for the people you love.
Florida estate planning is governed primarily by the Florida Probate Code (Chapters 731 through 735), the trust provisions of Chapter 736, and the durable power of attorney statute in Chapter 709. The way these rules treat your homestead, your spouse, and your out-of-state property is different from what you may have known up north. We help you align your documents with Florida so there are no surprises later.
Why Snowbirds Need a Florida-Specific Plan
When you become a Florida resident, your old will from New York, Ohio, or Michigan does not automatically stop working, but it may not take full advantage of Florida protections. Florida’s constitutional homestead protection shields your primary residence from most creditors and restricts how it can be left if you have a spouse or minor child. A will drafted elsewhere often ignores these rules. Establishing residency for tax and legal purposes also means your plan should be administered under Florida law, where the courts and procedures are familiar to your local advisors.
The Core Documents We Prepare
A complete Florida plan usually includes a last will and testament executed under section 732.502, a revocable living trust under Chapter 736, a durable power of attorney under Chapter 709, a designation of health care surrogate, and a living will. For seasonal residents we pay special attention to how assets titled in another state will pass, since out-of-state real estate can trigger a separate ancillary probate if it is not addressed.
Avoiding Two Probates
One of the most common concerns we hear from snowbirds is the fear that their family will face probate in both Florida and their northern state. A properly funded revocable trust, or in some cases a Lady Bird (enhanced life estate) deed on Florida homestead, can keep property out of probate entirely. We map every asset you own and decide, with you, the cleanest way to transfer it.
Planning for Incapacity Far From Home
Retirees travel. A durable power of attorney and a health care surrogate designation ensure that someone you trust can act for you whether you are in Palm Beach, visiting grandchildren, or hospitalized away from home. Without these documents, your family may need a court-supervised guardianship, which is slow and costly.
Work With a Local Florida Attorney
We serve Palm Beach, West Palm Beach, and the surrounding communities, and we are accustomed to the particular needs of retirees who divide their year between Florida and another state. Every situation is different, and the descriptions on this site are general information, not legal advice. Please consult a licensed Florida attorney about your specific circumstances before acting on anything you read here.
For more on our Florida practice, see our overview of powers of attorney in Florida. Morgan Legal Group's affiliated New York office also handles special needs planning in New York.