If you split your year between a northern home and Palm Beach, your estate plan has to work in two places but settle under Florida law. We help retirees and seasonal residents build wills, trusts, and powers of attorney that respect Florida’s unique rules on homestead, probate, and incapacity. Whether you have just established Florida residency or have wintered here for decades, a plan drafted under the Florida Probate Code (Chapters 731-735) and Florida Trust Code (Chapter 736) protects the life you have built between two states.
Why Florida Residency Changes Everything
Many snowbirds keep a will signed years ago in New York, New Jersey, Ohio, or Illinois. Once Florida becomes your legal domicile, Florida law controls how your estate is administered and how your homestead passes. Florida offers no state estate or income tax, strong creditor protection for your residence, and a generous homestead exemption, but those benefits only apply if your documents are aligned with your Florida domicile. We review out-of-state documents so they hold up here.
Core Documents Every Seasonal Resident Needs
A complete Florida plan typically includes a will executed under Florida Statutes section 732.502 (signed before two witnesses who sign in your presence and each other’s), a revocable living trust under Chapter 736 to avoid probate, a durable power of attorney under Chapter 709 so someone can manage finances while you are up north, and a health care surrogate designation and living will. For snowbirds, the durable POA is critical: it lets a trusted agent handle a Florida closing or tax matter while you are out of state.
Homestead and Your Palm Beach Residence
Florida’s constitutional homestead protection shields your primary residence from most creditors and restricts how it can be devised if you are married or have minor children. For couples who own a Palm Beach condo or single-family home, understanding homestead descent and devise rules prevents an accidental disinheritance or a failed transfer. We also discuss the Lady Bird (enhanced life estate) deed, which can pass your homestead automatically at death while preserving your control during life.
Avoiding Probate Across State Lines
Snowbirds often own property in more than one state, which can trigger probate in each. A properly funded revocable trust can consolidate those assets and avoid ancillary probate in Florida. When probate is unavoidable, Florida offers summary administration for smaller estates or when the decedent has been deceased over two years, and formal administration for larger or contested estates. We help your family choose the right path.
Planning for Incapacity Away From Home
Retirees worry about who decides for them if illness strikes while traveling. Florida’s durable power of attorney and health care surrogate documents name the people you trust and avoid a court-appointed guardianship. We coordinate these with any documents you keep in your northern state so caregivers in either place are not left guessing.
Speak With a Florida Estate Planning Attorney
Estate planning is highly fact-specific, and the rules summarized here are general. Please consult a licensed Florida estate planning attorney before acting on any information on this site. We welcome Palm Beach retirees and seasonal residents to schedule a consultation to build a plan that fits your two-state life.
For more on our Florida practice, see our overview of estate planning in Boca Raton. Morgan Legal Group's affiliated New York office also handles special needs planning in New York.