Planning to move to Florida in retirement often raises questions about when to update estate planning documents. Attorney Kellen Bryant explains the legal requirements and timing considerations for redoing your estate plans when anticipating a move to Florida.

The Key Legal Limitation: Unauthorized Practice of Law

The timing of when you can start working with a Florida attorney is governed by strict legal rules about authorized practice of law.

Attorney Licensing Requirements

• A licensed Florida attorney can only practice Florida law
• Unless they are also licensed in another state
• Attorneys cannot provide legal services to residents of states where they’re not licensed
• This protects consumers and ensures proper legal expertise

The Residency Requirement Problem

Most top-notch clients and planners ask: “When should we start our estate planning in the new state?” The answer depends on when you actually become a Florida resident.

While You’re Still in Your Current State

If you’re living in South Carolina (or any other state) and want to move to Florida but haven’t yet moved:

• All of your stuff and property are still in the original state
• Your driver’s license is still from the original state
• Your car registration is still in the original state
• There is nothing you can really do at that time with a Florida attorney

Why Florida Attorneys Cannot Help Non-Residents

If a Florida attorney were to do estate planning while you’re still in South Carolina:

• That attorney would be practicing South Carolina law
• Because you’re still a South Carolina resident
• This would violate attorney licensing rules
• The attorney could face professional discipline

The Planning Workaround: Laying Groundwork

While a Florida attorney cannot finalize documents while you’re a non-resident, there is a way to prepare in advance.

Remote Planning Preparation

You can decide to lay the groundwork and work remotely with a Florida attorney:

• Find and review draft documents
• Finalize the language of your estate plan
• Complete all planning discussions
• Prepare everything for signing

Important limitation: You cannot actually execute (sign) the documents until you become a Florida resident.

When You Become a Florida Resident

Florida residency can occur as early as:

• The day you close on your new Florida property
• When you move your toothbrush into your Florida house
• When you establish your primary residence in Florida
• When you change your voter registration and driver’s license

Optimal Timing: When to Start the Process

The Earliest Recommended Start Time

The earliest you’d want to start considering redoing your estate plans is when you put your house on the market to move to Florida.

Why this timing works:

• Shows serious commitment to moving
• Provides realistic timeline for completion
• Allows time for thorough planning discussions
• Coordinates with your move timeline

Coordinating with Your Move

You can get things lined up so that once you make the final move to Florida:

• Sign your estate planning documents
• Complete the process around the same time you get your house situated
• Have everything ready for immediate execution
• Avoid gaps in legal protection

The Main Legal Concept

A Florida attorney cannot prepare estate planning documents for you unless you’re a Florida resident. This is the fundamental rule that governs timing.

Practical Steps for Planning Your Florida Move

Before Listing Your Current Home

• Research Florida estate planning attorneys
• Understand Florida-specific laws and advantages
• Review your current estate plan for needed updates
• Consider what changes you might want in your new plan

When You List Your Home for Sale

• Contact chosen Florida estate planning attorney
• Begin preliminary discussions about your needs
• Start gathering necessary documents and information
• Discuss timeline and coordination with move

During the Moving Process

• Finalize document drafts with Florida attorney
• Review all provisions and make necessary changes
• Prepare for signing as soon as you establish Florida residency
• Coordinate timing with house closing and move

Upon Establishing Florida Residency

• Execute new Florida estate planning documents
• Update voter registration and driver’s license
• Change address with banks and financial institutions
• Notify previous state attorney about new documents

Benefits of Florida Estate Planning

Understanding why Florida estate planning might be advantageous helps with timing decisions:

Florida Estate Planning Advantages

• No state income tax: More favorable tax environment
• Strong homestead protection: Excellent asset protection laws
• Simplified probate options: Summary administration available
• Generous Medicaid planning rules: Better long-term care planning
• Enhanced life estate deeds: Lady Bird deeds available

Potential Risks of Poor Timing

Starting Too Early

• Attorney professional responsibility violations
• Invalid documents if improperly executed
• Wasted time and money on unusable planning

Starting Too Late

• Gap in legal protection during transition
• Rushed planning decisions
• Potential family confusion about valid documents
• Missing opportunities for Florida-specific strategies

Coordinating with Your Current Estate Plan

Before Moving

• Ensure current estate plan remains valid until move
• Don’t revoke current documents until new ones are signed
• Keep family informed about transition plans
• Maintain continuity in document authority

After Moving

• Formally revoke out-of-state documents
• Ensure all parties have copies of new documents
• Update all financial institutions and healthcare providers
• Store original documents securely in Florida

Working with Florida Elder Law Attorneys

What to Look for in a Florida Attorney

• Experience with out-of-state relocations
• Knowledge of Florida-specific planning advantages
• Understanding of coordination timing requirements
• Ability to work remotely during preparation phase

Questions to Ask Potential Attorneys

• How do you handle out-of-state clients planning to move?
• What Florida-specific advantages should I consider?
• How do you coordinate timing with residency establishment?
• What preparation can be done before I become a resident?

Plan Your Florida Move and Estate Planning Transition

Timing your estate planning update correctly ensures you comply with legal requirements while taking advantage of Florida’s favorable laws. Start the conversation when you list your house, prepare everything in advance, and execute your new plan as soon as you establish Florida residency.

Put your mind at ease and make an appointment to meet with the Berg Bryant Elder Law Group in Jacksonville, Florida today. Get expert guidance on coordinating your estate planning with your Florida move and ensure a smooth transition that protects your family’s future.