Kissimmee, FL asked in Estate Planning for Florida

Q: DOES SOMEONE WHO MOVED TO FLORIDA BUT ONLY HAS ASSETS IN PUERTO RICO NEED TO ABIDE BY FLORIDA INHERITANCE LAWS OR ONLY P

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2 Lawyer Answers
Phillip William Gunthert
Phillip William Gunthert
Answered
  • Estate Planning Lawyer
  • Orlando, FL
  • Licensed in Florida

A: Generally, any assets and real estate in Florida will be handled in accordance with Florida Law and any assets in Puerto Rico will be handled in accordance with Puerto Laws if a probate ever becomes necessary at some point. The main probate will be done in the state where the person is a resident (where their Homestead is) and an ancillary probate will need to be done in any state or location where they have property and assets. It would be recommended and worthwhile speaking with a Florida Probate Attorney no matter what, because if the person is living in Florida and or this is where their Homestead is located or is the state where they are considered to be a resident, they will want to make sure they have estate planning documents set up in accordance with Florida Law (this is especially true for things like Power of Attorney, Florida Healthcare Surrogate, Living Will, Will amongst others) because Florida has various special requirements and protections that apply to a variety of things.

Terrence H Thorgaard agrees with this answer

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Estate Planning Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: It's unclear what you mean by "abide by". If you are a Florida resident, and you want to write your will, it should be written according to Florida law, but an "ancillary" probate case may have to be filed in Puerto Rico.

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