If you spend your winters in Palm Beach County and your summers up north, your estate plan has to work in two places at once. Our West Palm Beach estate planning practice focuses on retirees and seasonal residents — the snowbirds — who need a plan grounded in Florida law but mindful of property and family ties in another state. We help you establish Florida domicile, protect your homestead, and make sure your wishes are honored under the Florida Probate Code.
Why Florida Residency Matters for Snowbirds
Many seasonal residents move to Florida in part for its tax climate and creditor protections. But those benefits depend on actually establishing Florida as your legal domicile. Declaring residency, filing a Declaration of Domicile, registering to vote, and claiming the homestead exemption all reinforce that intent. Where you are domiciled also determines which state’s law governs your will and the administration of your estate, so getting this right early prevents disputes later among heirs in two states.
Core Documents Every Retiree Needs
A complete Florida plan usually includes a last will and testament executed under section 732.502, a revocable living trust governed by Chapter 736, a durable power of attorney under Chapter 709, a designation of health care surrogate, and a living will. Together these documents direct who manages your finances and health care if you become incapacitated and who receives your property at death. For couples who divide the year between states, coordinating these documents so they are recognized in both jurisdictions is essential.
Florida Homestead Protection
Florida’s homestead protections are among the strongest in the country. Your homestead is shielded from most creditors, receives a property tax exemption, and passes under special constitutional rules that can override your will if you have a surviving spouse or minor child. For snowbirds buying a Palm Beach condo or single-family home, understanding how homestead descent and devise rules apply — and how a Lady Bird deed might fit — is a key planning step.
Avoiding or Simplifying Probate
Probate in Florida is governed by Chapters 731 through 735. Smaller or older estates may qualify for summary administration, while larger ones require formal administration with a personal representative. A funded revocable trust, properly titled accounts, and enhanced life estate (Lady Bird) deeds can help your family avoid or shorten probate — a real benefit when heirs live out of state and cannot easily travel to a Palm Beach County courtroom.
Planning Built Around Your Lifestyle
Seasonal residents face unique questions: Which state’s law controls my trust? How do I title my northern vacation property? What happens to my Florida homestead if I pass away while up north? We address these realities directly so your plan reflects how you actually live — not a one-size-fits-all template.
Consult a Florida attorney: This page is general information, not legal advice. Estate planning depends on your specific assets, family situation, and residency. Please speak with a licensed Florida attorney before acting on anything here.
For more on our Florida practice, see our overview of Florida estate planning. Morgan Legal Group's affiliated New York office also handles New York probate and estate administration.