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Richard, Attorney
Category: Estate Law
Satisfied Customers: 55004
Experience:  29 years of experience practicing law, including tax and estate planning.
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My wife and I have 5 documents created in Washington state

Customer Question

My wife and I have 5 documents created in Washington state (by an attorney). We now live in Florida. The documents are: 1) Last Will and Testament 2) General Durable Power of Attorney Effective on Disability and Nomination of Guardian of the Estate 3) Health Care Directive 4) Disposition of Remains and 5) Community Property Survivorship Agreement.
All above were signed and witnessed in November 2006.
Because of the change in domicile, we're thinking we need all new documents created (or maybe just a codicil?). What are your thoughts? In addition, the main changes to the original Will are name changes to our daughters (both having married since 2006), the death of another daughter and change of domicile to the Executor.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Richard replied 1 year ago.
Hi! My name is ***** ***** I look forward to helping you!
You don't need all new documents just because you moved to Florida. Under the U.S. full faith and credit laws, Florida will honor your Washington documents. Having said that, each state has its nuances, and so it's always a good idea to have a Florida lawyer review your documents to determine if the language needs to be tweaked in some way. The will change could be easily accomplished with a Codicil. The only suggestion I would make is possibly do new Powers of Attorney because Florida recently changed its power of attorney statute and although your Washington POA would be legal, you want to make sure everyone accepts it in Florida without having to take legal action to force them to accept it. Accordingly, it's an easier route to simply have POA's prepared specifically pursuant to the Florida statute.
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