New York Will - Legal in Florida?
My parents are retired and have moved to Florida. They had all their legal
paperwork (will, living will, power of attorney, etc.) prepared and
registered in New York. Are these legal in Florida or do they need to
have them redone and registered in Florida?
The will is probably valid because the laws in mosts states are fairly
uniform regarding the drafting and execution of wills are fairly
similar. However, it still wouldn't hurt to have the will reviewed by
an attorney in their new home state.
The living will and powers of attorney are probably NOT valid because
the state laws tend to very much more on those types of things.
Do your parents own any real property? If so they should consider a
living trust to avoide probate. I would recommend that they see a
quality estate planning attorney in Florida.
If you do not know a lawyer, ask a friend, coworker,
employer. or business associate to recommend one.
Or call your local bar association for a list of State
Bar-certified lawyer referral services in your area. You
also can look for a lawyer referral service in the Yellow
Pages of your telephone directory under "Attorney
-Referral Services," "Attorneys" or "Lawyers." The person
who answers your call can make an appointment for
you to sees lawyer. You may pay a small fee for the
referral and may talk with the lawyer for about half an
hour. Then, if you decide to hire the lawyer, make sure
you understand what you will be paying for, how much it
will cost and when you will be expected to pay your bill.
Some are "certified specialists"
in estate planning. This means that they have met standards
for certification set by the State Bar.
However, not all lawyers who have experience and
expertise in family law have sought certification.
What if you do not have enough money to pay
for legal advice? You may belong to a "legal insurance"
plan that covers the kind of services you need.
Or, if your income is very low, you may qualify for free
or low-cost legal help. Check the white pages of your
telephone directory for a legal services program such
ass legal aid society. You also can ask the State Bar-
certified lawyer referral service if it offers free legal
advice for low income people or if it can direct you to a
no-cost legal services organization.