Planning Ahead for Snowbird Season When Your Life Spans Two States

Have you ever wondered how splitting time between Florida and another state affects your estate plan? Many snowbirds enjoy the best of both worlds by spending winters in Florida and summers elsewhere. While this lifestyle has plenty of advantages, it also brings some unique estate planning questions that should not be overlooked. If you spend part of the year in another state, it is important to know that your legal documents might not work the way you expect. Reviewing your plan now can help avoid complications and ensure everything you have worked for is protected wherever you go. 

For Florida snowbirds, one of the most important considerations is residency. Your legal residence impacts which state’s laws apply to your assets, taxes, and probate process. If you consider Florida your primary home, you may benefit from its favorable homestead laws and no state income tax. However, you will need to establish and document residency clearly. This can involve steps like updating your voter registration, driver’s license, and tax filings. Another essential step is to confirm whether your durable power of attorney, designation of health care surrogate, and living will are recognized in other states where you spend time. While many states honor documents from elsewhere, some medical providers and financial institutions are more comfortable with forms drafted to meet their local laws. Reviewing and updating these documents helps ensure your wishes will be respected no matter where you are. 

A revocable trust agreement can also be an effective tool for snowbirds. It allows you to manage assets across state lines while avoiding probate in multiple jurisdictions. By placing property in a trust, you create a smooth path for your successor trustee to handle your affairs if needed. If you own real estate in more than one state, planning ahead is especially important. Property held solely in your name may trigger probate proceedings in each state where it is located. Titling assets appropriately or including them in a trust can help avoid this extra burden for your loved ones. 

Finally, do not forget about health care planning. When medical care is needed in another state, it is helpful to have clear, updated documents and to communicate your wishes with family members who may be called upon to help. 

We know this blog may raise more questions than it answers and want to help you plan for the future and the unexpected. Whether you are young and single or a married five-time great-grandparent, your voice and wishes need to be known. Worley Elder Law, based in beautiful Bradenton Florida, focuses on helping you understand your options in designing your estate plan or elder law needs. Whether it is preventative incapacity planning or establishing your legacy, we will take the time to explain every option and work with you to create a customized plan just as unique as you and your family are. Please do not hesitate to contact us to let us help you.