Reviewing your Florida estate plan means re-reading your will, trust, powers of attorney, and beneficiary designations to confirm they still reflect your wishes, your family, and current Florida law. Most estate planning attorneys recommend a review every three to five years, and immediately after any major life event such as a move to Florida, a marriage, a death in the family, or a significant change in assets. For retirees and seasonal residents in Palm Beach, the most common trigger is establishing or shifting Florida residency, which changes which state’s laws govern your documents.
I have sat across the table from too many widows and adult children holding a binder that was signed in New Jersey, New York, or Ohio fifteen years ago and never touched since. The person meant well. They had a plan. But a plan that fit the family and the law in 2009 can quietly become a problem by the time anyone needs it. This article walks through when to review your Florida estate plan, why each trigger matters, and what specifically to look at.
Why an Estate Plan Goes Stale
An estate plan is a snapshot. It captures your family, your assets, and the law on the day you signed it. Three of those things keep moving.
Your family changes through births, deaths, marriages, and divorces. Your assets change as you sell the house up north, roll over a 401(k), or buy a condo on Singer Island. And the law itself changes — Florida statutes get amended, federal estate tax thresholds shift, and Medicaid rules tighten. A document that does not move with those changes can fail in small, expensive ways: an ex-spouse still named on a life insurance policy, a guardian named for children who are now grown, a trust that no longer makes tax sense.
For people who relocate to Florida or split the year between two states, there is an extra layer. Estate documents are creatures of state law. A will valid in another state may be valid in Florida, but a power of attorney or health care directive drafted under another state’s rules can create real friction when a Florida bank or hospital reads it.
When to Review Your Florida Estate Plan: Life-Event Triggers
Some reviews are calendar-driven. The more important ones are event-driven. Here are the moments that should send you back to your attorney’s office.
- You became a Florida resident. This is the big one for snowbirds. Once Florida is your domicile, you want documents that speak Florida’s language — and you want to claim the homestead protections discussed below.
- You married, divorced, or remarried. Florida law gives a surviving spouse rights that can override your will, including the elective share. A second marriage with children from a prior relationship is one of the most common reasons plans need an overhaul.
- A spouse, beneficiary, or named fiduciary died. If the person you named as executor, trustee, agent, or primary beneficiary has passed, your plan may have a hole in it.
- A child or grandchild was born, or a beneficiary developed special needs. A beneficiary receiving government benefits may need a special needs trust rather than an outright gift.
- Your net worth changed substantially. A large inheritance, a business sale, or a market swing can move you across planning thresholds.
- You bought or sold real estate — especially out-of-state property, which can drag your estate into probate in two states.
- A health diagnosis changed the picture for you or your spouse, making incapacity planning urgent.
If none of these has happened, a routine check every three to five years is still wise, simply because the law does not ask your permission before it changes.
Why Snowbirds and New Florida Residents Need a Fresh Look
Domicile and Residency
If you spend winters in Palm Beach and summers up north, only one state is your legal domicile — the place you intend to make your permanent home. Domicile determines which state can tax your estate, which probate court handles your assets, and how your homestead is treated. Many seasonal residents declare Florida domicile for the income-tax benefit (Florida has no state income tax and no state estate tax) but never update the estate documents to match. That mismatch is exactly what causes trouble later. Filing a Declaration of Domicile under Florida Statutes section 222.17 is a useful step, but it is not a substitute for revisiting the actual plan.
Florida Homestead Protection and Devise Restrictions
Florida’s homestead is unusual. The Florida Constitution (Article X, Section 4) protects your homestead from most creditors and restricts how you can leave it. If you are married or have minor children, you cannot freely give your homestead away in your will. Under Florida Statutes section 732.401, an improper devise of homestead can be rewritten by operation of law — your surviving spouse may take a life estate with a remainder to your children, or, by election, a one-half interest as tenant in common. People who try to put their Florida home into a trust or leave it to the “wrong” person without understanding these rules can accidentally trigger results they never intended. A review catches this before it becomes a probate dispute.
Powers of Attorney Drafted Out of State
Florida overhauled its power of attorney law in 2011, and the modern statute (Florida Statutes Chapter 709) is demanding. A Florida durable power of attorney must be signed with two witnesses and a notary, and it must specifically enumerate certain “superpowers” — like the authority to make gifts or create a trust — rather than relying on general language. An out-of-state form often does not meet these requirements, and the agent discovers the gap at the worst possible moment, standing in a bank lobby. If your power of attorney came with you from another state, have it reviewed and, in most cases, re-executed under Florida law.
Why the Law Itself Forces Reviews
Federal Estate and Gift Tax Changes
The federal estate and gift tax exemption is historically high right now, but it is not permanent. Amounts indexed to inflation and scheduled sunset provisions mean the threshold can drop without a single thing changing in your household. Couples who built A-B trust structures decades ago, when exemptions were far lower, may now be locking in complexity and capital-gains downsides they no longer need. Others, with growing estates, may need to act while favorable rules are still in place. Because the figures change, I will not quote a specific number here — the point is precisely that they move, and your plan should be checked against the current law, not the law in effect when you signed.
Long-Term Care and Medicaid Planning
For retirees, the largest financial risk is often not death but the cost of long-term care. Medicaid’s asset and look-back rules are strict and change periodically. Planning tools such as irrevocable trusts must be set up well in advance to be effective, because of the look-back period. If you are in your seventies or eighties and have not revisited this part of your plan, it deserves attention. The mechanics differ by state, and clients who own property in more than one jurisdiction sometimes need coordinated planning. For example, the strategy behind a can inform how a snowbird structures protection for assets that remain up north, even while Florida governs the homestead. Similarly, income-cap planning through a is a tool some clients use when income exceeds eligibility limits. These are reasons to review with counsel who understand more than one state’s rules.
What to Actually Check During a Review
When you sit down to review, do not just skim the will. Walk through the whole structure in order.
- The will and any revocable living trust. Are the people, the gifts, and the percentages still right? Is the trust actually funded — meaning, are your accounts and your home titled into it?
- Beneficiary designations. Retirement accounts, IRAs, annuities, and life insurance pass by designation, not by your will. These override the will, so a stale beneficiary form quietly defeats your plan. This is the single most common error I see.
- Powers of attorney. Is your financial agent still the right person, still living, and is the document Florida-compliant?
- Health care documents. Florida recognizes a designation of health care surrogate and a living will under Florida Statutes Chapter 765. Confirm your surrogate is current and willing.
- Fiduciary appointments. Personal representatives in Florida must generally be a Florida resident or a close relative — out-of-state friends often do not qualify. If you named someone who no longer qualifies, fix it now.
- Real property titling. Out-of-state property may need its own planning to avoid ancillary probate.
A good review produces a short punch list, not a pile of anxiety. Often nothing major needs to change. Sometimes one signature fixes a problem that would have cost your family months in court.
How Often Is Often Enough?
My general guidance for Palm Beach clients: read through your beneficiary designations once a year — it takes twenty minutes and catches the most damaging errors. Sit down with your attorney for a full review every three to five years, and immediately after any life event on the list above. If you recently moved to Florida and your documents predate the move, do not wait for the calendar. That review should happen now.
Whether your plan needs a light tune-up or a rebuild, the goal is the same: documents that work, in Florida, on the day your family actually needs them. You can learn more about our approach to , read about the basics of Florida wills and how to avoid or navigate Florida probate, or simply reach out to schedule a review. A short conversation now is far cheaper than a probate fight later.
Frequently Asked Questions
How often should I review my Florida estate plan?
Review beneficiary designations annually and conduct a full review with your attorney every three to five years. Always review immediately after a major life event such as moving to Florida, a marriage or divorce, a death in the family, a significant change in assets, or a serious health diagnosis.
Do I need a new estate plan if I move to Florida from another state?
Usually you need at least a review and often new documents. A will from another state may still be valid in Florida, but powers of attorney and health care directives often must be re-executed to meet Florida’s specific witnessing, notarization, and statutory requirements under Chapters 709 and 765. Florida homestead rules and personal representative eligibility also differ from other states.
Why do beneficiary designations matter more than my will?
Assets like IRAs, 401(k)s, annuities, and life insurance pass directly to whoever is named on the beneficiary form, regardless of what your will says. A stale or contradictory designation, such as a former spouse still listed, overrides your will entirely. Confirming these designations is the most important and most overlooked part of any estate plan review.
Can I leave my Florida home to anyone I want in my will?
Not always. Florida’s homestead devise restrictions in the state Constitution and Florida Statutes section 732.401 limit how you can leave a homestead if you have a surviving spouse or minor children. An improper devise can be rewritten by law, often giving the spouse a life estate or a one-half interest. Have any plan involving your homestead reviewed by a Florida attorney.
Does Florida have a state estate tax I need to plan around?
Florida has no state estate tax and no state income tax, which is a major reason retirees establish Florida domicile. However, the federal estate and gift tax still applies above the federal exemption, and that exemption amount changes over time. A review checks your plan against current federal law rather than the rules in effect when you originally signed.
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For more on our Florida practice, see our overview of estate planning in Palm Beach. Morgan Legal Group's affiliated New York office also handles .
