The Villages, FL asked in Estate Planning for Florida

Q: is a MI REVOCABLE TRUST LEGAL IN FL

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2 Lawyer Answers
Nina Whitehurst
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Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: Florida has requirements that are different than just about every other state. If you are moving to Florida or own Florida property you should consult with a Florida attorney about updates that might be needed.

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

A: In accordance with the U.S. Constitution under the "Full Faith and Credit Clause", the answer to your question is yes, "states must honor the laws of other states", this applies to Trusts and many other things as long as the Trust was created validly under Michigan Law. I caution, a review of the Trust and related documents would be recommended and appropriate for a number of reasons, as well as an update if it has been a while since it was reviewed or drafted and possibly updates in accordance with the specifics of Florida Law would likely be useful and recommended. Just a few thoughts, when a Trust is drafted it is usually drafted in accordance with the law of the state where you live by that attorney, you can see how that can cause a problem and make things additionally difficult and challenging in Florida if there are any issues that arise (if you need a witness, they are all in Michigan, if you need to interpret the Trust, it is based on Michigan law and so forth). Also, you are in Florida now, the Trust you would want to administer according to Florida Law and therefore be set up specifically according to Florida Law. I will also add, Florida has gone through substantial changes related to Durable Power of Attorney, Florida Healthcare Surrogate and other estate planning documents that may vary substantially from what Michigan requires and this could potentially result in issues if you try to use some of those documents here in Florida. So, while the documents will be valid and accepted in many instances and generally, there are instances where problems could arise and an update and review is likely in order. Moving to Florida is a substantial life change and having the estate planning documents updated according to this substantial change would no doubt be in order.

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