Attorney Kellen Bryant explains what happens to your out-of-state trust when you move to Florida and why you should consider updating it.

If you’ve recently moved to Florida from another state, you may be wondering whether your existing trust is still valid. The direct answer regarding the living trust portion is yes – most trusts from out-of-state are valid in Florida. However, there are important caveats you should know about.

The Witness Requirement Issue

While your trust may be valid, there’s usually one significant caveat: other states sometimes do not require witnesses on trusts.

In Florida, we do require witnesses regarding all testamentary aspects – that means what happens to the trust assets after you pass away. This creates a potential vulnerability in your estate plan.

The lack of proper witnessing leaves room for somebody to challenge your trust, and a challenge will likely occur if the trust doesn’t comply with Florida requirements.

Why a Simple Amendment is Wise

It is really wise to do a simple amendment to your trust in order to comply with Florida law. This amendment can address the witness requirements and ensure your trust will hold up under Florida’s specific legal standards.

Florida Has Unique Laws

As mentioned in discussions about wills, Florida law has things that are unique to Florida regarding wills and trusts. Sometimes when somebody moves from one state to another, their estate planning documents don’t travel well because:

• Out-of-state applications of wills and trusts apply differently once you get to Florida
• Florida has specific laws like homestead law that may not have been considered in your original trust
• Our specific set of laws may create conflicts with your existing trust provisions

Additional Benefits of Updating Your Trust

Having a Florida estate attorney review and update your trust provides additional advantages beyond legal compliance:

Addressing Outdated Provisions

Typically, people don’t update their trusts as often as they should. Sometimes trusts get out of date because:

• The trust situation no longer fits your current needs
• Your circumstances have changed
• Beneficiaries may have passed away
• Assets might have grown larger or smaller
• You might want a different distribution scheme
• You may need different successor trustees

Ensuring Current Relevance

A trust review ensures your estate planning documents reflect your current:

• Financial situation
• Family circumstances
• Estate planning goals
• Florida legal requirements

The Smart Approach

While your out-of-state trust may be technically valid, updating it to comply with Florida law and reflect your current circumstances is a smart investment in protecting your estate plan and your beneficiaries’ interests.

Don’t wait until it’s too late to discover potential issues with your trust’s validity or relevance under Florida law.

This information is provided by Attorney Kellen Bryant. If you’re looking for somebody to review your out-of-state trust, contact a qualified Florida estate planning attorney for personalized guidance.

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