Do we need wills rewritten?

Do we need wills rewritten?

Ken	6/12/2004 4:21:34 PM
My wife and I have changed residency from TX to FL. We both have wills and Durable Power of Attorney for Health Care (includes living will & directives to physicians) which were written in TX. Do we need to have them rewritten in FL? What would be the consequences of not having them rewritten? Thank you.



tamsuraiya@yahoo.ca (Tam)	6/15/2004 9:55:29 AM
Ken <kandjh@comcastDOTnet.texas.net> wrote in message news:<r0pmc010qoe3o4lqjlkrn9uj0sia9uv7bl@4ax.com>... My wife and I have changed residency from TX to FL. We both have wills and Durable Power of Attorney for Health Care (includes living will & directives to physicians) which were written in TX. Do we need to have them rewritten in FL? What would be the consequences of not having them rewritten? A Texas will probably assumes that all your property is community property (except inherited or gifted or pre-held property). All US jurisdictions are "partial mutability" jurisdictions and the status of property is unchanged when you move from one state to another. The longer you live in FL, however, the more obsolete your TX will becomes. More than likely FL will honor a will that is formally valid under the laws of TX and was executed in TX. (There is a Uniform Law on this subject, but I am not checking to see that FL has enacted it.) I think the last states that had funny rules for executing wills were LA and VT and I think (but am not checking the fact) that LA went mainstream a few years ago (i.e., 2 witnesses instead of 3; will valid even if not executed before a notary -- or whatever other crazy civil law rules LA had (they also had forced heirship). But you're not from the wrong side of the border, are you?) In short: see a FL estate planning lawyer reasonably soon. FL has funny rules of its own, including homestead rules (if you have children you can't freely dispose of your homestead by will...) FL doesn't like out-of-staters to engage in Unlicense Practice of Law, nor does it like (if I recall correctly, but what do I know) out of state executors, and the like. Health care directives do vary by state; you can download the FL version online. http://tinyurl.com/2abkg And at 6:51 pm on Sunday here where I am I am not going to look up FL law; I'm not licensed there anyway.



info@speedingticketcentral.com (Wayne Patterson)	6/15/2004 9:55:33 AM
Ken <kandjh@comcastDOTnet.texas.net> wrote in message news:<r0pmc010qoe3o4lqjlkrn9uj0sia9uv7bl@4ax.com>... My wife and I have changed residency from TX to FL. We both have wills and Durable Power of Attorney for Health Care (includes living will & directives to physicians) which were written in TX. Do we need to have them rewritten in FL? What would be the consequences of not having them rewritten? Thank you. All states recognize properly executed wills. In other words if the will is legal in Texas then it is legal in Florida. If your situation has changed substantially then it is always a good idea to redo your will. I am taking a leap and assuming that you have retired and moved to Florida. If that is the case you should find an elder care attorney in your area and have him review everything. I also recommend that you have the attorney retain an original in case of fire or other loss. Some hospitals are allowing you to put your living will on file in case there is an emergency and they do not know who to contact. lwpat http://www.soldigoldhomebusiness.com



howard@goldstein-pa.com	6/15/2004 9:55:55 AM
On Sat, 12 Jun 2004 16:21:34 -0400, Ken <kandjh@comcastDOTnet.texas.net> wrote: : My wife and I have changed residency from TX to FL. We both have wills : and Durable Power of Attorney for Health Care (includes living will & : directives to physicians) which were written in TX. Do we need to have : them rewritten in FL? Having them at least looked over would be a great idea. Some of the things that come to mind immediately: FL is not a community property state but ISTR TX is, the potential for problems with execution formalities, the interaction between what's possibly a different elective share mandated in FL than was in your old state, and if there's FL real property involved then the homestead issues that may be in play, etc etc etc. -- Florida Bankruptcy FAQ <http://www.goldstein-pa.com>



sufaud@hotmail.com (Sufaud)	6/17/2004 10:36:13 PM
info@speedingticketcentral.com (Wayne Patterson) wrote in message news:<9mvtc0lk6mmnf06ckrfmfktr4cq058alo4@4ax.com>... All states recognize properly executed wills. In other words if the will is legal in Texas then it is legal in Florida. If your situation has changed substantially then it is always a good idea to redo your will. Don;'t count on a formally invalid will being effective to transmit realty. As I said in my own posting yesterday, there's a Uniform Act that resolves the issue -- usually. But I worry that generalizations may be misunderstood by lurkers whose problems differ, however slightly from the question you are answering. Just today I was reading an exposition of Louisiana trust law. All property must vest. Immediately. How does that differ from a NY trust over which I am trustee, and which could benefit persons yet unborn?

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