Q: In Wisconsin I had a lawyer draw up my will. Now I’m a Florida resident. Do I need a new will?

A: Probably not, but you should have a Florida attorney review it to be sure.

A: A Will from another state is valid if it was created validly in the state of origin (Wisconsin), the Full Faith and Credit Clause of the U.S. Constitution makes this possible and required. That said, and as always with things related to the law it seem, there is a BUT. Florida is a state that has specific protections and requirments related to spousal rights, Homestead, relatively recent changes to the Florida Durable Power of Attorney and the Florida Healthcare Surrogate (Healthcare POA), so, in order to be sure that you will not run into problems, it is likely that you will want and need your Will/Estate Plan updated to these specifics of Florida Law. For instance, if you provide an outdated and basic Power of Attorney, it is possible and even likely that it will not be accepted by a Florida financial institution or other party, the same can be said about healthcare surrogates and or other documents. Also, Homestead is a special realm in Florida all to itself that needs special understanding and attention. So yes, your Will is going to be valid, accepted and recognized, but there may be some gaps and issues that arise. On a side note, it probably will cost as much to review and try to update it accordingly as it would be to just update it with a new will with a Florida Estate Planning Attorney.

A: If your Wisconsin Will was executed in conformity with Florida law it will be valid. If it is a self proving will that portion would also need to be executed in conformity with Florida Law. If it is not a self proving will then the will could not be admitted to probate unless one of the witnesses can be located to sign an affidavit of will.

Additionally a will is not intended to last forever. People's last wishes change and your will should reviewed to see if it still matches your current intentions. I recommend people take out their will and other pre need documents to check them for accuracy and compliance with current law at least every 5 years.

For your own protection you should take your Wisconsin Will and other pre need documents to a local Florida attorney who practices in the area of wills and estates to have the documents reviewed.