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Moving to Florida is an exciting milestone. Whether you're retiring near Sarasota, purchasing a home in Tampa, or relocating to be closer to family, there are plenty of details to manage. But one important task often gets overlooked: reviewing your last will and testament. If you created your will in another state, you might wonder whether it remains legally valid after moving to Florida. The good news is that moving to Florida does not automatically invalidate your will. However, Florida has its own laws governing inheritance, property ownership, and estate administration. Even if your existing will is valid, it may no longer provide the instructions or protections you intended. At the Law Office of Elizabeth Devolder, we help individuals and families in Tampa, Sarasota, and surrounding communities understand their estate planning documents and determine whether updates are appropriate. If you've recently relocated, reviewing your will with a Florida estate planning attorney is a practical step toward protecting your wishes and providing clarity for your loved ones. Is a Will From Another State Valid in Florida? In many circumstances, yes. Under Florida Statute §732.502, a will properly executed by a nonresident in another state may be recognized in Florida if it meets the laws of the jurisdiction where it was executed. However, there are important exceptions, including certain handwritten wills and oral wills that do not meet Florida's legal requirements. This means a will prepared in New York, Pennsylvania, Ohio, or another state may remain valid after you establish Florida residency. But a legally valid will is not necessarily an up-to-date will. Your original document may identify people who no longer live nearby, refer to property you no longer own, or contain instructions that need to be reconsidered under Florida law. A professional review can help identify whether your existing will continues to reflect your wishes. Five Reasons to Review Your Will After Moving to Florida 1. Florida Has Specific Homestead Property Laws If you recently purchased a home in Florida, reviewing your will becomes especially important. Florida provides special legal protections for certain primary residences, commonly referred to as homestead property. Under Florida Statute §732.4015, restrictions may apply to how homestead property can be transferred at death when the owner is survived by a spouse or minor child. These rules can affect your plans for leaving your home to children, relatives, or other beneficiaries. For example, the instructions in a will prepared before you moved may not produce the intended result if they conflict with Florida's homestead restrictions. Reviewing your will and property ownership arrangements can help you understand how your Florida residence may pass to loved ones. 2. Your Personal Representative May No Longer Be the Right Choice Your will generally names someone responsible for administering your estate after your death. In Florida, this person is known as the personal representative. Perhaps you originally selected a trusted friend or professional who lived near your former residence. After relocating, that choice may deserve another look. Florida places restrictions on who can serve as a personal representative. Under Florida Statute §733.304, a person who lives outside Florida generally must have certain qualifying family relationships to serve. If your named personal representative is an unrelated friend living in another state, that person may not qualify to administer your Florida estate. An attorney can help you determine whether your existing appointment is appropriate and discuss alternative arrangements if necessary. 3. Your Family Circumstances May Have Changed Relocation often happens alongside other major life changes. You might have recently retired, gotten married, experienced a divorce, welcomed grandchildren, or moved closer to family members. These changes can affect your estate planning goals. Consider reviewing your will if: You married or divorced after preparing it. You want to change your beneficiaries. A named beneficiary or personal representative has passed away. You now want to provide for children or grandchildren differently. Your family relationships or financial responsibilities have changed. Florida law also addresses the effects of marriage, birth, adoption, and divorce on existing wills. For example, Florida Statute §732.507 provides rules concerning how certain provisions are affected following the dissolution of a marriage. A will review helps you understand whether these legal provisions affect your existing instructions. 4. Your Assets and Property Ownership Have Changed Moving to Florida may involve selling your former home, purchasing new property, changing banks, or consolidating retirement accounts. Your will should be reviewed alongside these changes. For instance, if your original will specifically refers to property you have since sold, its instructions may no longer reflect your intentions. You should also review how assets are titled and whether retirement accounts, life insurance policies, and other accounts have current beneficiary designations. Not every asset passes through your will. Some assets transfer through beneficiary designations, joint ownership arrangements, or trusts. Coordinating these arrangements with your will can help create a more consistent estate planning strategy. 5. You May Want to Simplify Estate Administration for Your Family One reason to review your will after relocating is to make matters easier for the people who may eventually handle your estate. An outdated will can leave family members uncertain about your intentions, the location of your property, or the people responsible for administering your estate. Depending on your circumstances, an attorney may recommend updating your will, reviewing your beneficiary designations, or considering other estate planning options. For some families, a revocable living trust may also be worth discussing as part of a broader estate planning review. The right approach depends on your assets, family circumstances, and long-term goals. Should You Amend Your Existing Will or Create a New One? If your will needs changes, you may not necessarily need to start from scratch. An attorney can help determine whether a properly executed amendment, known as a codicil, is appropriate or whether preparing a new will would be a better option. A codicil may be suitable for certain limited changes. More substantial revisions, multiple outdated provisions, or changes that create inconsistencies may favor preparing a replacement will. Importantly, Florida requires codicils to follow the same execution formalities as wills. Avoid making handwritten changes directly on your existing will without legal guidance. Informal alterations may not have the legal effect you intend and could create uncertainty during estate administration. At the Law Office of Elizabeth Devolder, we can review your existing documents, discuss your current circumstances, and help you understand the available options. Contact our office to schedule a will review. What Should You Bring to a Will Review Appointment? If you recently moved to Florida and want to review your existing will, gathering a few documents can help make your consultation more productive. Consider bringing: Your current will and any codicils. Trust documents, if applicable. Information about your Florida home and other real estate. A general list of significant assets. Current beneficiary information. The names of individuals designated to administer your estate. Questions about family circumstances or changes you would like to make. You do not need to have every detail figured out before speaking with an attorney. The purpose of the consultation is to identify potential concerns, clarify your wishes, and determine which updates, if any, may be beneficial. You can also learn more about our firm's wills and estate planning services before scheduling your appointment. Frequently Asked Questions About Updating a Will After Moving to Florida 1. Do I need a new will when I move to Florida? Not necessarily. Florida generally recognizes qualifying wills properly executed in other states. However, a review can help determine whether your existing will addresses Florida law, your current property, and your family's needs. 2. Is my out-of-state will automatically invalid when I become a Florida resident? No. Simply becoming a Florida resident does not automatically invalidate a will prepared elsewhere. Its validity depends on the applicable legal requirements, including how it was executed. 3. Can a Florida attorney update a will written in another state? Yes. A Florida estate planning attorney can review your existing will and help determine whether an amendment or replacement will is appropriate under your circumstances. 4. Does buying a Florida home mean I should change my will? Purchasing a Florida home is a good reason to review your will. Florida homestead laws may affect how the property passes to surviving family members, depending on your ownership arrangements and circumstances. 5. Can my executor live in another state if I move to Florida? Possibly. Florida allows certain nonresidents with qualifying family relationships to serve as personal representatives. However, an unrelated friend who lives outside Florida may not qualify. An attorney can help assess your choice. 6. How much does it cost to update a will in Florida? The cost depends on the complexity of the changes, whether your existing documents require extensive review, and whether additional estate planning is needed. Contact the law office to discuss your circumstances and available services. 7. Should I review my other estate planning documents when updating my will? Yes. Moving to Florida is also a good opportunity to review your powers of attorney, healthcare directives, beneficiary designations, and trusts. These documents serve different purposes and should work together to reflect your wishes. For additional guidance, read our article, What Estate Planning Documents Should You Update After Moving to Florida?. Recently Moved to Florida? Make Sure Your Will Still Reflects Your Wishes Your move to Florida represents a new chapter in your life. Your will should reflect the people, property, and priorities that matter to you today. Whether you prepared your will several years ago or recently relocated from another state, taking time to review it can help identify outdated instructions and provide greater peace of mind. At the Law Office of Elizabeth Devolder, we work with individuals and families throughout Tampa, Sarasota, and surrounding Florida communities to make estate planning more understandable and approachable. You may not need an entirely new will. You may simply need guidance about whether your existing documents still accomplish what you intended. Let us help you take the next step with confidence. Contact the Law Office of Elizabeth Devolder today to schedule a consultation and discuss reviewing or updating your will after moving to Florida. This article is provided for general educational purposes and does not constitute legal advice. Individual circumstances and applicable laws may affect your estate planning options.

Moving to Florida brings exciting opportunities, whether you're purchasing a new home, enjoying retirement, or relocating your family. Between unpacking boxes, updating your driver's license, and settling into your new community, reviewing your estate planning documents might not be at the top of your list. However, moving to Florida is an important reason to review your will, trust, power of attorney, and healthcare directives. Even if these documents were legally prepared in another state, they may not fully address your current circumstances or Florida's specific legal requirements. At the Law Office of Elizabeth Devolder, we help individuals and families in Tampa, Sarasota, and surrounding Florida communities understand their estate planning options and make informed decisions about protecting their loved ones. If you've recently relocated, our estate planning services can help you determine which documents need attention and whether updates are appropriate. Do You Need to Update Your Estate Plan After Moving to Florida? Not necessarily. Moving to Florida does not automatically invalidate your existing estate planning documents. Florida generally recognizes certain legal documents properly executed in other states. However, recognizing a document as valid does not necessarily mean it is the most practical or appropriate document for your current needs. Different states have different laws regarding property ownership, inheritance, financial decision-making, and healthcare planning. For example, a will created in another state may still be legally valid in Florida, but its provisions might not account for Florida homestead protections. Similarly, an older power of attorney might not give your chosen agent the authority needed to handle certain transactions. The goal is not necessarily to replace every document. It is to make sure your estate plan continues to work for you and your family. 1. Review Your Last Will and Testament Your last will and testament explains how you want certain assets distributed after your death and allows you to nominate a guardian for minor children. Under Florida Statute §732.502, a will executed by a nonresident outside Florida may be recognized if it was valid under the laws of the place where it was executed, subject to certain exceptions, including holographic and nuncupative wills. Still, relocating presents a good opportunity to review your will, particularly if: You purchased a home or other property in Florida. Your family circumstances have changed. Your chosen personal representative lives in another state. You want to update beneficiaries or distribution instructions. Your will was prepared several years ago. Why Florida Homestead Laws Matter Florida has specific protections governing a qualifying primary residence. These laws can affect how a home passes to surviving spouses and minor children. For example, Florida Statute §732.4015 limits how certain homestead property can be transferred at death when the owner is survived by a spouse or minor child. If you recently purchased a Florida home, reviewing your will can help identify whether your existing instructions align with the state's requirements. Learn more about preparing a Last Will and Testament with the Law Office of Elizabeth Devolder. 2. Examine Your Durable Power of Attorney A durable power of attorney allows someone you trust to handle specified financial or legal matters on your behalf, depending on the authority granted in the document. This can be especially important if you become unable to manage your affairs due to illness or incapacity. Florida recognizes certain powers of attorney properly executed in other states under Florida Statute §709.2106. However, questions about the document's validity, the authority granted, or its acceptance by financial institutions may still arise. When reviewing an existing power of attorney, consider: Does it clearly identify the person you want handling your finances? Does the document grant the authority your agent may need? Are your chosen agent and any successors still appropriate? Does it address your current assets and financial arrangements? Could provisions drafted under another state's laws create practical complications? Florida also has specific rules regarding certain powers that must be expressly granted. A qualified attorney can evaluate whether your existing document addresses those requirements. Recently moved to Florida? The Law Office of Elizabeth Devolder can help you review your existing estate planning documents and determine whether updates would better support your needs. Contact our office to schedule an estate planning consultation. 3. Review Your Revocable Living Trust If you established a revocable living trust before moving, you may not need to create an entirely new one. A trust created in another state may continue to operate after relocation. However, reviewing its terms and administration provisions is important, particularly when your residency, assets, or family circumstances have changed. Questions worth addressing include: Does the trust contain provisions that should be updated for Florida residency? Should the successor trustee or other designated individuals change? Have you properly transferred newly acquired assets into the trust? Does the trust address your Florida residence? Are the beneficiaries and distribution instructions still accurate? A common issue occurs when someone creates a trust but never transfers certain assets into it. Purchasing property in Florida may introduce additional considerations involving property ownership, trust funding, and homestead protections. Our firm can help you understand your options for revocable living trusts and how they fit into your overall estate plan. 4. Update Your Healthcare Surrogate Designation and Living Will Healthcare planning documents deserve special attention after moving to a new state. In Florida, a designation of healthcare surrogate allows you to appoint someone to make healthcare decisions as authorized by the document and applicable law. A living will provides instructions about specified medical treatment decisions under qualifying circumstances. People relocating from other states may be familiar with terms such as "medical power of attorney" or "healthcare proxy." Florida recognizes qualifying advance directives executed in other states under Florida Statute §765.112. Still, reviewing existing documents can help clarify whether they reflect your current wishes and identify the people you trust to make decisions. Consider updating your healthcare planning documents if: Your designated healthcare decision-maker no longer lives nearby. You want to appoint a different person or alternate. Your medical preferences have changed. You have developed new healthcare needs. Your documents are difficult for family members or providers to locate. You should also consider whether appropriate HIPAA authorizations are in place so your designated individuals can access medical information when needed. Explore our Advance Healthcare Directive services to learn more. 5. Check Beneficiary Designations and Property Ownership Not everything you own necessarily passes through your will or trust. Retirement accounts, life insurance policies, and certain financial accounts often transfer according to beneficiary designations or other ownership arrangements. After relocating, take time to review: Life insurance beneficiaries. IRA and 401(k) beneficiary designations. Payable-on-death and transfer-on-death arrangements. Jointly owned financial accounts. Real estate deeds and ownership arrangements. These designations and ownership arrangements should be coordinated with your estate planning goals. For example, if a beneficiary designation still names a former spouse or deceased family member, the result could differ from what your updated will provides, subject to applicable law. Similarly, the way you own your Florida home may affect what happens to the property after your death. An estate planning review can identify areas where your existing documents and asset arrangements may need better coordination. When Is the Best Time to Review Your Estate Plan After Moving? Ideally, review your documents soon after establishing your Florida residence rather than waiting for an emergency. You should also consider another review following significant life events, including marriage, divorce, the birth of a child, retirement, a substantial change in assets, or the death of someone named in your documents. You do not have to know exactly what needs to be changed before contacting an attorney. Part of the estate planning process is identifying which documents remain suitable and where changes may be beneficial. For additional guidance, explore our Florida Estate Planning Checklist. Frequently Asked Questions About Estate Planning After Moving to Florida 1. Is my will from another state valid in Florida? A will properly executed in another state may be recognized in Florida, subject to statutory exceptions. However, an attorney should review whether its provisions work as intended under Florida law, particularly when homestead property or family circumstances are involved. 2. Do I need a new power of attorney when I move to Florida? Not always. Florida recognizes certain powers of attorney validly executed in other states. However, reviewing your document can help determine whether it grants the authority needed for your current circumstances and whether practical acceptance issues may arise. 3. Can I keep my living trust after moving to Florida? Often, yes. Relocating does not automatically require you to replace an existing living trust. An attorney can evaluate its terms, governing law, successor trustee provisions, and funding to determine whether updates would be appropriate. 4. Does Florida recognize medical powers of attorney from other states? Florida generally recognizes advance directives executed in accordance with the law of the state where they were created or Florida law. Reviewing your documents can help ensure they clearly communicate your medical preferences and identify the appropriate decision-makers. 5. Do I need to update my estate plan if I bought a house in Florida? Buying a Florida home is a good reason to review your estate plan. Florida homestead laws and property ownership arrangements may affect how the property can pass to your beneficiaries. 6. How often should I update my estate planning documents in Florida? There is no universal schedule requiring every estate plan to be updated at set intervals. A review every few years and following major life changes can help determine whether your documents still reflect your circumstances and wishes. 7. Should I hire a Florida estate planning attorney if I already have a will and trust? A Florida estate planning attorney can review documents prepared elsewhere, identify state-specific considerations, and explain whether amendments or additional documents may be helpful. You may discover that some existing documents remain appropriate while others would benefit from updates. Start Your Next Chapter in Florida With an Estate Plan That Fits Your Life Moving to Florida is an opportunity to build a new chapter, and your estate plan should reflect the life you're building. Whether you have an existing will, an established trust, or financial and healthcare documents prepared in another state, reviewing them now can provide greater clarity about your options and help your loved ones understand your wishes. At the Law Office of Elizabeth Devolder, we help individuals and families in Tampa, Sarasota, and surrounding communities navigate estate planning decisions with thoughtful, personalized guidance. You don't necessarily need to start over. You need to know that the documents you already have still meet your needs. Contact the Law Office of Elizabeth Devolder to schedule an estate planning consultation and discuss whether your documents should be reviewed or updated. This article is intended for general educational purposes and does not constitute legal advice. Estate planning requirements depend on individual circumstances.

International students at the University of South Florida should complete basic estate planning documents before arriving in the United States because U.S. law treats students aged 18 and older as legal adults. This means parents do not automatically have access to medical, financial, or legal information without written authorization such as a medical power of attorney, HIPAA release, and financial power of attorney. At the Law Office of Elizabeth Devolder in Tampa, Florida, we help families prepare these documents in advance so parents can step in during emergencies and students are fully protected while studying at USF. A Critical Moment for USF International Students Arriving in July and August If your child is preparing to attend the University of South Florida, or you are an international student preparing to begin your studies in Tampa, you are likely focused on travel, housing, orientation, and academics. But there is one critical area most families overlook until it is too late: Legal authority and emergency decision-making in the United States. This becomes especially important during the July–August arrival period, when thousands of international students are entering the country without legal protections in place. At the Law Office of Elizabeth Devolder, we help families prepare in advance so they are not caught off guard during a medical, financial, or personal emergency. If you have questions about estate planning and how can we help you, you can Contact our office or reach us directly at 813-379-9839 to learn more about our Estate Planning Services. Why International Students at USF Face Unique Legal Risks International students studying at the University of South Florida enter a legal system that operates very differently from most countries. Even responsible, well-prepared students often do not realize that: 1. Parents lose automatic legal authority at age 18 Once a student turns 18 in the U.S.: Parents cannot access medical records Parents cannot make healthcare decisions Parents cannot access financial accounts or leases 2. Medical emergencies require legal authorization Hospitals may legally refuse to share information unless documents are in place. 3. Financial and housing issues require legal access Banks, landlords, and institutions will not communicate with family members without authorization. 4. Most students do NOT have estate planning documents This includes: Medical Power of Attorney HIPAA Authorization Financial Power of Attorney Basic Will Without legal planning, families may be unable to help their child during the most critical moments. Does the University of South Florida Provide Legal Help? The University of South Florida offers student support services and general legal aid resources. However, families should understand the limitation: University legal aid is designed for basic student issues It is not focused on estate planning or emergency legal authority University counsel represents the university, not individual students or families This is not a weakness of USF, it is standard across most universities. That is why many families choose the law office of Elizabeth Devolder for legal planning services, as they know they will have an attorney who can create personalized emergency protection documents. What Estate Planning Actually Does for USF Students Estate planning for students is not about wealth. It is about access, protection, and emergency authority. At the Law Office of Elizabeth Devolder, we help families prepare clear, simple documents such as: Medical Power of Attorney Allows a parent or trusted person to make healthcare decisions if the student cannot. HIPAA Authorization Allows doctors to legally share medical information with family members. Financial Power of Attorney Allows limited authority for urgent financial or administrative matters. Basic Will (if needed) Clarifies personal wishes regarding belongings and digital assets. Emergency Instructions for Families Ensures parents know exactly what to do during a crisis. If you are unsure where to start, we encourage you to reach out today through our Contact Page Or call us directly at 813-379-9839. Why Timing Matters Right Now This is one of the most important timing windows of the year. Most USF international students are currently: Booking flights Finalizing housing Completing visa requirements Preparing for orientation This is the last practical window to complete legal documents before students arrive. Once classes begin, families are often too busy—and delays can create risk. Don’t delay this important step, contact us today to learn more about how The Law Office Of Elizabeth Devolder can help you, reach out through our Contact Page or call us at 813-379-9839 for more information. Why Families Choose the Law Office of Elizabeth Devolder Families choose our firm because they want: Clear guidance without legal confusion Simple, practical documents A calm and supportive experience Protection that actually works in real emergencies We do not overcomplicate the process. We focus on what truly matters: making sure your family is protected. Protect Your Child’s Legal Rights Before They Arrive in the United States If your child is preparing to attend the University of South Florida, now is the most important time to make sure the proper legal documents are in place before they begin their life in the United States. Without the right estate planning documents, parents may face delays or restrictions in accessing medical information or assisting their student during an emergency. At the Law Office of Elizabeth DeVolder, we help families take simple, proactive steps to ensure their student is protected from day one. If you are unsure what you need, Call now at 813-379-9839 or fill out our contact form,  we are here to guide you step by step and make the process clear, simple, and stress-free. FAQ’s About Student Estate Planning “Do international students at USF need legal documents?” Yes. Students should have medical and financial authorization documents to allow parents to help during emergencies. “Can parents access medical information for USF students?” Not automatically. Legal documents are required once a student turns 18. “What legal documents do international students need in Florida?” Typically: medical power of attorney, HIPAA authorization, and financial power of attorney. “Does USF provide estate planning for students?” No. University services are limited and do not replace private legal planning.

A good estate plan sets clear expectations and cuts down on the arguments that often pop up when the details are unclear. A lawyer with local experience here in Tampa, FL will know how state laws will factor into your decisions. Why Having a Tampa, FL Estate Lawyer Matters You face real risks when you leave decisions about your property and care to chance. Without specific instructions, family members can end up guessing at what you wanted, and this often leads to hurt feelings and legal fights that drain their money and ruin their relationships. An experienced professional helps you create a clear estate plan that communicates what you want in ways that will both hold up under Florida rules and minimize the possibility for arguments. Clear Instructions This is the most important thing to get right, but you'd be surprised how easily instructions can be misinterpreted. An estate lawyer has seen all this happen many times before and will be able to help you clarify your choices in the best way. Trusts for Privacy Trusts are a very practical tool. You transfer some of your assets into a trust while you are still living, control them while you're still alive, and they're moved to your beneficiaries without having to go through probate court. This works so well because probate takes time and money and is very public; when relatives have to wait months for answers or watch the estate's funds drain away in fees, tensions rise fast. Plus, you can use a trust to benefit someone without everyone else in the family knowing about it. Help With Communication During this process, you'll sit down with your lawyer and talk through your family dynamics. This chat will allow you to spot any potential sore spots early, and your lawyer will be able to suggest ways to explain your thinking to your family. When people hear your reasons directly, they usually feel more respected, even if they do not get everything they hoped for. Updates Updating your plan regularly matters just as much as making it in the first place. Life does change, and marriages, divorces, new grandchildren, or changes to your finances can make your plan obsolete. If you don't review things, you could accidentally throw your family into chaos when you pass away and they have to deal with an estate plan that doesn't fit. A lawyer will take charge of this and remind you regularly to review your plan. Protection From Taxes Taxes and debts add enormous stress to families dealing with the death of a loved one, but your lawyer can help you arrange things so your estate covers these obligations without forcing your heirs to sell sentimental items or fight over who pays what. Talk to us at the Law Office of Elizabeth Devolder in Tampa, FL today to get started on an estate plan that will ensure your wishes are followed, protect your family, and help them get through the difficult time of your death as smoothly as possible. Call us today in Tampa at 813-379-9839 or in Sarasota at 941-337-0624.

As you're planning out your estate, it's important to choose trustworthy, qualified people to be the executor of your estate and the successor trustee to any trusts you manage. A Tampa, FL wills lawyer can help you create ironclad documents that will set all this up and give you advice on your choices for executor and trustee. The Roles of an Executor and a Trustee An executor is the person who steps in after your death to manage your will as it goes through the probate process. In Florida, this person is called the personal representative. They gather your assets, pay any debts and taxes, file all the necessary paperwork with the court, and distribute what remains of your estate after debts and taxes exactly as you direct in the will. Their role ends once the estate is settled. A trustee manages assets you have placed in a trust. If you create a revocable living trust, you may serve as trustee while alive, and, after your passing, the successor trustee takes over and follows the trust instructions you have set up. This could mean continuing the trust and making investments, or it could mean making distributions to beneficiaries, and it will also involve handling taxes. A trustee may be "on duty" for many years, depending on the trust. Your trustee can also be your executor, or you can put different people into the roles. Essential Qualities to Look For Honest Obviously, honesty and integrity are the number one concerns. The people you choose will have full access to your financial accounts and personal information, so they must be totally trustworthy and ready and willing to put your wishes and your family's needs ahead of any personal gain. Organized Organization matters a great deal in these roles. These jobs include keeping track of deadlines, paperwork, and every asset down to the last detail. If someone loves you and is completely trustworthy, but they are disorganized and scattered, they aren't going to be a good choice. Qualified Financial responsibility helps, but the person you choose does not need to be an expert. That's because your trustee or executor can always hire accountants or attorneys when needed. What they do need is the willingness to seek proper help and keep accurate records. Choosing Family Members or Friends Many people name a spouse, adult child, or close friend because these individuals already know their values and family dynamics. At the same time, family members sometimes lack the experience needed or may be unable to put aside their grief, family relationship strain, or other issues to do the job well. Sometimes it makes better sense to hire a professional. Talk with a Tampa, FL Wills Lawyer Choosing the right executor or trustee will give you confidence that your wishes will be followed and your family will be protected. For experienced advice and help in the context of Florida law, call the Law Office of Elizabeth Devolder in Tampa, FL today at 813-379-9839. We also serve clients in the Sarasota area.

Call us today at 813-379-9839 for a consultation on special needs trusts, or visit our Contact Us page for more information. Families with loved ones who have disabilities often face the challenge of balancing financial security with the need to maintain eligibility for government benefits. A Special Needs Trust (SNT) can offer an effective solution, ensuring that your loved one’s quality of life is enhanced without risking critical benefits like Supplemental Security Income (SSI) or Medicaid. If you're in Tampa, FL, and need guidance on setting up a Special Needs Trust, our expert attorneys at the Law Office of Elizabeth Devolder are ready to help. What is a Special Needs Trust? A Special Needs Trust (SNT), also known as a Supplemental Needs Trust, is a legal arrangement that holds and manages assets for individuals with disabilities. This type of trust ensures that funds are used to enhance the life of the beneficiary while keeping them eligible for crucial government programs. The trust is managed by a trustee often a family member who uses the assets to pay for things like special medical treatments, educational expenses, personal care, or recreational activities that government benefits don’t cover. The most significant advantage of a Special Needs Trust is that it protects eligibility for public benefits. Since the beneficiary does not have direct control over the trust's assets, these assets are not counted toward the government’s resource limits. This means that even if the beneficiary’s trust holds significant funds, they won’t lose eligibility for programs like SSI or Medicaid. This distinction is essential, as many government programs have strict asset limits (often no more than $2,000 in countable assets for individuals), and direct gifts or inheritances could disqualify a loved one from these benefits. How Does a Special Needs Trust Work? Special Needs Trusts must adhere to federal regulations under the Social Security Act and local state laws. Importantly, they are typically irrevocable, meaning they cannot be easily modified or canceled after creation. The trustee has discretion over how the funds are distributed but must follow specific guidelines to ensure that the distributions do not jeopardize the beneficiary’s eligibility for public benefits. For example, using the funds to pay for food or shelter directly can reduce the recipient's SSI benefits. For the trustee, this responsibility means they must be well-versed in both the needs of the beneficiary and the legal framework surrounding government benefits. This careful balance between providing for your loved one and preserving their eligibility for essential benefits makes having a knowledgeable attorney an invaluable part of the process. Need help navigating these complex regulations? Contact the Law Office of Elizabeth Devolder in Tampa, FL, at 813-379-9839 or visit our Contact Us page to speak with an expert Special Needs Planning attorney. Who Can Benefit from a Special Needs Trust? A Special Needs Trust is ideal for individuals with disabilities who rely on or may need needs-based government benefits like SSI or Medicaid. Common scenarios where families often consider creating a Special Needs Trust include: Parents of children with autism, Down syndrome, cerebral palsy, or other developmental disabilities who require long-term care and may have limited future earning potential. Accident victims or individuals with life-altering injuries who receive a significant settlement but still require ongoing Medicaid for health care and rehabilitation. Families concerned about leaving an inheritance or gift that could disqualify a relative from essential programs like SSI or Medicaid. Not everyone needs a Special Needs Trust. For example, if the beneficiary’s assets are low and they do not rely on government assistance, other simpler estate planning tools may be sufficient. However, for larger sums or long-term financial security, Special Needs Trusts are an essential tool to ensure your loved one’s future is secure without compromising vital support from public benefits. To discuss how a Special Needs Trust can help protect your loved one’s benefits and future, contact our office today at 813-379-9839 or visit our Contact Us page. Why Choose Our Tampa, FL Special Needs Planning Attorneys? At the Law Office of Elizabeth Devolder, we specialize in Special Needs Planning, Trust Administration, and Estate Planning. We work with families in Tampa, Sarasota, and surrounding areas to ensure their loved ones with disabilities are cared for and that their financial needs are met without jeopardizing eligibility for government benefits. Contact us at 813-379-9839 for a personalized consultation, or visit our Contact Us page to schedule an appointment. We can also assist with Trust Administration and all aspects of Special Needs Law to provide peace of mind for you and your family. For more information on managing trusts, read about our Trust Administration services. FAQs About Special Needs Trusts 1. What is the difference between a Special Needs Trust and a regular trust? A regular trust is a financial arrangement where assets are held by a trustee for the benefit of the beneficiary. However, a Special Needs Trust is specifically designed to preserve the beneficiary’s eligibility for government benefits, such as SSI or Medicaid. Regular trusts may count toward the beneficiary’s asset limit, while the assets in an SNT do not. 2. Can a Special Needs Trust be changed? Once established, most Special Needs Trusts are irrevocable, meaning they cannot be easily modified or canceled. This ensures that the trust’s purpose protecting eligibility for benefits remains intact. However, in some cases, a trust amendment may be possible, depending on the specific circumstances and the law. 3. Can I leave money directly to my child with a disability? While it’s tempting to leave assets directly to a loved one with a disability, doing so could jeopardize their eligibility for needs-based government benefits. Instead, a Special Needs Trust allows you to provide financial support without affecting their eligibility for programs like SSI and Medicaid. Consult with an attorney to determine the best course of action for your family. 4. How does a Special Needs Trust affect SSI or Medicaid? A Special Needs Trust helps ensure that the assets in the trust are not counted as part of the beneficiary’s total assets when calculating eligibility for programs like SSI or Medicaid. This means the beneficiary can receive the benefits they need while also benefiting from trust assets that enhance their quality of life. 5. What can a Special Needs Trust be used for? The trust funds can be used for anything that improves the beneficiary’s quality of life, as long as it doesn’t affect government benefits. This includes things like medical equipment not covered by insurance, therapies, education, recreation, travel, and personal care items that are not provided by public benefits. 6. How do I get started with a Special Needs Trust? To begin setting up a Special Needs Trust, you need to consult with a Special Needs Planning Attorney. Our team at the Law Office of Elizabeth Devolder specializes in this area and can guide you through the process. Contact us at 813-379-9839 or visit our Contact Us page to get started. Ready to protect your loved one’s future? Reach out to us today 813-379-9839 to get started on creating a Special Needs Trust that secures your family’s future while preserving their eligibility for essential benefits.

A trust can indeed be a great way to avoid probate. To do so, however, it must be set up correctly, and your Tampa, FL trust lawyer can make sure things are done legally and exactly according to your wishes. How a Trust Avoids Probate When you set up a trust, you are essentially creating a legal entity in which to put some of your assets. Once you transfer assets from your direct and immediate control as part of your estate into the trust, they are no longer owned by you. They are owned by the trust. When you pass away, all the assets of your estate have to go through probate, but since the assets you put in the trust are owned by the trust, and the trust did not "die," nothing in the trust goes through probate. In most cases, you will name yourself as trustee of the trust, which means you still have control of the assets. You will also establish a successor trustee who will take over if you become incapacitated or when you pass away, and your passing away is the trigger event (in most cases) for the trust to be dispersed in the manner you've set up. Types of Trusts The Revocable Living Trust This is the most popular option for the average person and estate. Most commonly, you would appoint yourself as the trustee of this trust so that you keep full control. You can revoke this trust at any time while you're still alive, or you can change or amend it. However, the assets in this trust remain part of your estate for tax purposes and have some vulnerability if a lawsuit is brought against your estate. The Irrevocable Trust This trust also avoids probate for the reasons given above, but these trusts cannot be changed once they're made. They offer greater tax benefits and more creditor protections, but they are very inflexible. There are other types of trusts that are useful in specific situations. A lawyer can tell you more. Best Practices for Setting up a Trust Talk to a Tampa, FL Trust Lawyer Most people will find the technicalities and legalities surrounding trusts to be difficult to work through. Your lawyer will know all the rules and how to ensure your trust is set up properly. An experienced attorney will also be able to tell you all the trust options and help you choose the best ones for your family and estate. Don't Forget to Review Many people set up a revocable living trust and then forget about it. It's important not to do this: it needs to be reviewed periodically and definitely after any major life change, such as the birth of a new child, a death in the family, divorce, or marriage. You may also need to review it if there's a major change to your financial circumstances. To learn more about trust and what's best for you, contact the Law Office of Elizabeth Devolder in Tampa or Sarasota today.

Most of us look forward to retirement, but if you're going to really enjoy those golden years, it's important to make sure your assets are protected so you don't burn through them faster than expected. An asset protection lawyer in Tampa, FL can help you set things up in a way that will ensure your future is secure. From a Tampa, FL Asset Protection Lawyer: Getting Protected Before You Retire The precise steps you take will depend on your unique situation, so this is something you need to talk over with a lawyer in person. But in general there are some basic steps that you'll probably want to take: 1. Establish Trusts When you create a trust, you transfer some of your assets from your own estate and into the trust. Those assets now do not technically belong to you: they belong to the trust. You can set yourself as the trustee or have another trustee appointed, and you can still manage how assets in the trust are used. There are several types of trusts, but the two large, overarching types are revocable and irrevocable. Revocable trusts offer you more flexibility to change things, but they offer fewer protections. Irrevocable trusts offer more protection but are less flexible once they've been set up. A lawyer can help you decide the best choice for you. 2. Diversify It's always wise to diversify your investments as you try to build wealth and look towards your retirement years. Every type of investment, from stocks and bonds to real estate, gold, or even crypto, comes with its own risk profile and rewards. If you have, as they say, "all your eggs in one basket," you're taking on too much risk. If everything you have is in the stock market, for example, and the stock market tanks at the wrong time, your retirement could be endangered. By diversifying as much as possible, it's more likely your retirement income will stay stable. 3. Be Smart About Insurance Coverage Insurance is something you can pay into now and reap big benefits from when you hit retirement. Healthcare is always a huge issue to be concerned about. For one thing, you just don't know how many years of life you might have, so you don't really know how many years of retirement you're going to need to plan for. For another, should you end up needing serious long-term care, you could easily burn through all your assets. Consider getting long-term care insurance and disability insurance to get peace of mind for all this. The right life insurance policy can also be helpful. With some life insurance policies, you can choose cash out the policy under the right circumstances, and that gives you an extra source of money should you be hit with something unexpected. These are just a few of the options that can protect your assets as you head into your golden years, but the best thing that you can do to prepare is to talk with an experienced attorney. Contact the Law Office of Elizabeth Devolder in Tampa, FL today.

As Florida's population ages, effective long-term care planning has never been more important. The average annual cost for a private nursing home room now exceeds $108,000, and even assisted living hovers at around $54,000. Those prices are only going to go up, and they can quickly deplete a whole life's savings unless you're properly prepared. An elder law attorney in Tampa, FL can help you make sure you are. How Can a Tampa, FL Elder Law Attorney Help With Long-Term Care Planning? Assessing Your Individual Circumstances It all begins with assessing your individual circumstances from a place of knowledge and experience. Some of the important things to consider include your health status, financial resources, and family support. With a thorough evaluation, we can forecast your potential care requirements, guide you through housing options, help you look at all the alternatives, like long-term care insurance, and more. Your Medicaid Advocate Medicaid is often the primary payer for long-term care, but it comes with strict eligibility criteria. To qualify, you must have very little in countable assets and income, and it's easy to get in a situation where all your assets and income are simply eaten away. Elder law attorneys can help you with preemptive planning that allows you to achieve eligibility without having to "spend down" all your assets unnecessarily. They can help you get past the five-year look-back period, where improper asset transfers (like gifting money to your family) could trigger penalties that delay or deny your benefits. Your lawyer will also handle all your applications, any appeals that are necessary, and make sure everything is done in compliance with Florida's rules. Asset Protection Without planning, your long-term care costs could completely erode your estate and leave nothing for your loved ones. An attorney knows all the right legal tools to safeguard your wealth for your heirs while allowing you to still qualify for benefits. These might include establishing irrevocable trusts, revocable living trusts, engaging in the right gifting strategies, or even creating first-party, third-party, or pooled special needs trusts to preserve your eligibility for Supplemental Security Income (SSI) or Medicaid. Drafting All Documents There's a lot of paperwork that goes into properly setting up your long-term care plan, and your attorney will make sure nothing is missed and that everything is created and filed properly. You might need everything from a Durable Power of Attorney to various advanced directives for end-of-life preferences, DNR orders, or Physician Orders for Life-Sustaining Treatment (POLST). Your will and any trusts also need to stay updated regularly so they continue to reflect your wishes, and then they may need to be changed if there are any big changes to your circumstances. There's a lot more that a lawyer can do to help, so contact the Law Office of Elizabeth Devolder in Tampa, FL today ​to talk with ​an experienced ​attorney. Whether you need to do estate planning, trust administration, guardianship, litigation, or more, we have the experience you need in Tampa and Sarasota.

During probate, a deceased person's estate is dealt with according to the Florida Probate Code. The deceased person's personal representative inventories the estate and determines its value, pays off debts and taxes, and then transfers the estate to the beneficiaries. At any point in this process, challenges can arise, and sometimes litigation is unavoidable. A Tampa, FL probate litigation attorney can help you bring a case or defend against litigation. From a Tampa, FL Probate Litigation Attorney: About Litigation In the context of probate, the most common disputes are over whether the will is valid, how the estate is being administered by the executor, or how the terms of the will should be interpreted. Anyone who has a stake in the estate can bring a claim, so this is usually beneficiaries, executors, creditors, or anyone who would legally be eligible as an heir of the estate, even if the will doesn't name them as a beneficiary. Just because a person thinks they should have been in a will and brings a litigation challenge doesn't mean the court will hear it, of course, but those with a stake in the estate have the right to try if they can bring a case to show there's a problem with the will. Probate Litigation Process A case begins when one of the interested parties files a petition with the court. This will summarize what they are claiming or objecting to. The court will then decide whether to hold a hearing, and if it does, the next step will be a summons. The court will send legal notices to all interested parties telling them about the pending litigation and informing them of their rights and obligations. There will then be hearings, but in preparation for the hearings, both sides first engage in discovery and make motions. Discovery is where both sides gather evidence. Both sides can also bring motions to request the court to rule on certain things or take specific actions. The court may also order the parties to enter into mediation at this point.After discovery is finished, there will be a trial, at which both parties can present their evidence and use it to make arguments. The court will make a final decision if no agreement is reached in mediation, and the court's decision is binding. The goal of the court will be to resolve the dispute while making sure that the deceased person's wishes are followed. Wherever you are in the process, we can help. We can help you with estate planning that will protect your beneficiaries from litigation to a large degree and put certain elements in place to discourage anyone from bringing a challenge to your will. If you're currently in a battle, we have many years of experience in Florida's probate courts and a determination to fight hard for our clients. Reach out to the Law Office of Elizabeth Devolder in Tampa or Lakewood Ranch, FL today to schedule an appointment. chat

A trust can be a powerful tool to protect your assets. It often makes sense to create one, but there are also situations where trust is not your best tool. A trust attorney in Tampa, FL can tell you the benefits of a trust and when they're most useful under Florida law. When Does It Make Sense to Create a Trust? 1. You Become Incapacitated Anyone can become unexpectedly incapacitated, of course, but a trust is a particularly wise move if you know that incapacitation is a greater risk for you than it might be for others. For example, if dementia runs in your family or if you have been diagnosed with a slow-onset condition and know that eventually you'll be less able to manage your affairs, now might be the perfect time to create a trust with a successor trustee in place. You can continue to control your assets as long as you're able to, and once you become incapacitated, you won't even necessarily have to be declared incompetent before the successor trustee can take over. The transfer is smooth, and you get invaluable peace of mind. 2. You Have Assets You Don't Want to Go Through Probate Probate is a long and involved, costly process. All the assets that go through probate are unavailable to your family until the probate process is finished. A trust can protect your assets from this probate process, and it's important to talk with a lawyer about the best type of trust for your intentions. With some trusts, the probate process can be avoided, but the assets in the trust can still be vulnerable if you have a lot of debt or there's a possibility of a lawsuit after your death. Other trusts offer more protection from taxes and debts but give you less flexibility to control the assets during your lifetime. 3. You Want to Control Asset Distribution If you have reason to believe you won't be living much longer, and even if you have no such diagnosis but are just concerned about the possibility of passing away before your children are old enough to have learned how to manage money well, creating a trust can give you confidence that your assets will be distributed to the beneficiaries on your terms. If you don't have a trust in place, then your beneficiaries will simply be given everything that is left to them in the will. That may be fine, but if you want to avoid leaving a huge payout to a very young adult who might not be mature enough to handle that much, putting it into a trust can allow you to have it dispersed to them throughout their lives at various intervals or specifically disbursed only for important expenses, such as buying a home, getting an education, or paying medical bills. Talk to a Tampa, FL Trust Attorney Today For more about whether a trust is right for you or not, contact the Law Office of Elizabeth Devolder in Tampa, FL today, and let's talk about how to protect your family.