Whether you live in Fort Lauderdale year-round or spend winters here and summers up north, your estate plan needs to reflect Florida law. Many retirees and snowbirds arrive with documents drafted in New York, New Jersey, Ohio, or Quebec that no longer fit their lives in Broward County. Our practice focuses on aligning your plan with the Florida Probate Code (Chapters 731-735), Florida’s homestead protections, and the realities of owning property in more than one state.
Why Snowbirds Need a Florida-Specific Plan
If you have declared Florida your permanent residence to enjoy the state’s lack of an income tax, your estate plan should match that declaration. A will or trust executed under another state’s rules may still be valid here, but it often misses Florida-specific advantages such as constitutional homestead creditor protection and the enhanced life estate (Lady Bird) deed. Inconsistent residency claims can also complicate probate after death, so we help confirm your documents, deeds, and beneficiary designations all point to Florida.
Core Documents We Prepare
Most retirees benefit from a coordinated set of documents: a Florida will executed under §732.502, a revocable living trust under Chapter 736 to avoid probate, a durable power of attorney under Chapter 709, and advance directives naming a health care surrogate. For couples who own a winter condo on Las Olas or a single-family home east of US-1, we review how title is held so the survivor is protected and the homestead passes correctly.
Protecting the Florida Homestead
Florida’s homestead is one of the strongest creditor protections in the country, and it also carries strict rules on how the property can be left at death. If you are married or have minor children, you cannot freely devise the homestead. We make sure your plan respects these constitutional limits while keeping the property out of probate where possible through Lady Bird deeds or trust planning.
Planning Around Out-of-State Property
Snowbirds frequently keep a home, cabin, or brokerage account in their former state. Without planning, that property can trigger a second (ancillary) probate after the Florida estate is administered. A revocable trust funded with both Florida and out-of-state assets is often the cleanest way to avoid duplicate court proceedings for your family.
Talk With a Florida Attorney
This page is general information about Florida estate planning, not legal advice for your situation. Florida law changes and every family is different. If you live in or own property around Fort Lauderdale, Pompano Beach, Wilton Manors, or the surrounding Broward communities, we invite you to consult a licensed Florida estate planning attorney who can review your documents and recommend the right approach for you.