Birmingham, AL asked in Estate Planning for Florida

Q: I have a cabin in Maggie Valley and I live in Florida. Do I have to have a will for NC in addition to one for Florida

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1 Lawyer Answer
Lauren Nagel Richardson
Lauren Nagel Richardson
Answered
  • Estate Planning Lawyer
  • Gainesville, FL
  • Licensed in Florida

A: You only need a will in the state where you are a resident, which would be Florida. You can devise or give all your property in a Florida will including your out of state property to recipients of your choice; however, it is often advisable to consider a revocable living trust when you own real property in more than one state. This is because without a trust that is then funded by deed transfer of these properties in multiple states, it would be required when you die for there not only to be a probate administration in Florida but also an ancillary probate administration in North Carolina. So even though you only need one will, there would be two probates someday, unless you take a step such as creating and funding a revocable trust (which is often described as a "will substitute") or completing other plans such as executing an enhanced life estate deed, which is another means to avoid probate other than creating a trust. If you reside anywhere near Gainesville, you are welcome to call my office to discuss your options for estate planning. Otherwise, you should contact an experienced attorney who specializes in estate planning in your area.

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