Legal Issues Seniors Need to Know Before Moving to Florida
About 300,00 times a year, people in the northern states decide they’re moving to Florida.
For all I know, you may be one of them, especially after the winter of 2025 here in Cleveland.
But, if you’re over the age of 65 there are some legal matters to address before you change your address.
Legal Details to Address Before Moving to Florida
I know that legal discussions are probably the least exciting part of planning your move to the sunshine state. Much more interesting would be to spend your time picking out beach chairs or choosing which golf course you’ll try first. But let’s put those decisions aside for a moment. We need to address some legal details now which will save you and your family headaches later.
Update Your Existing Ohio-Based Legal Documents
First of all, the many legal documents that you prepared here in the state of Ohio – they may not work the same way in Florida.
This pertains to your will, your power of attorney, your healthcare directive, and all other important papers that you considered done and finished with.
While they are definitely technically valid because Florida recognizes documents from other states, they may not function, the way you intended, under Florida law.
Power of Attorney
Let’s use your power of attorney for example. Florida law is pretty specific concerning their requirements about which powers can be granted, and how the documents need to be written.
In other words, your power of attorney is perfectly legal in Ohio, but it might not meet the Florida financial institutions state-specific requirements.
Healthcare Directives
Another thing that catches Clevelanders off-guard is that Florida’s healthcare proxy has its own unique quirks. Your existing healthcare directive will definitely be honored, but having one that is specifically compliant with Florida law will avoid confusions and delays.
Wills
Florida will honor your Ohio will, but there could be a change in how your property gets distributed. Their homestead laws are very complex and they could affect how you can leave your property to your heirs.
Living Trusts
I can mentally hear you saying, “Wait, Rachel, remember I have a living trust. Won’t that take care of everything?” The answer is yeas and no. I recommend you review it with a Florida attorney to make sure it complies with Florida’s rules.
Also, if you are buying property in Florida, you need to make sure that it’s properly titled in the name of your trust.
Probate
Get ready for the next curveball:
Florida has its own rules about who can serve as your executor in probate. An out-of-state resident can only serve if they are related to you by
blood, marriage, or adoption. In other words, your best friend can no longer serve as your executor.
How about taxes? I know, you’re excited that Florida has no state income tax, but you will still need to look at how this move might affect your overall tax situation. This is especially important if you’re keeping property or investments here in Cleveland, Ohio.
Your Moving To Florida Game Plan
Are you confused? Don’t be. Kabb Law has put together a practical game plan for you:
- Don’t panic. Your existing documents aren’t worthless because of your move to Florida.
- Within your first few months of moving to Florida, schedule an appointment with a local attorney who can help you understand what needs updating and what is fine as it is.
- Plan on updating your key documents to Florida-compliant versions a little at a time. Don’t plan on doing everything at once, but having state-specific documents will make everything smoother down the road.
- Make sure that your family is informed about any of the changes that you will need to make. The last thing you want is to have your kids scrambling to find your updated documents.
Don’t forget that moving to Florida is supposed to be exciting. You’re leaving the frigid Cleveland winters behind to enjoy warm weather, and beautiful beaches. By taking care of these legal details early-on you can focus on the fun stuff without worrying about whether your affairs are in order. To get started, call Rachel at Kabb Law, 216-991-5222.
