Florida Estate Planning for Snowbirds Returning in 2025

Florida Estate Planning for Snowbirds: if you’re one of the many retirees or seasonal residents heading back to the Sunshine State this fall, now is a perfect time to get your estate plan in order. Moving between states—or splitting your time between two homes—brings special legal, tax, and healthcare considerations. With a proactive approach, you can protect your assets, simplify matters for your loved ones, and make sure your intentions are honored if you’re ever unable to speak for yourself.

What Makes Estate Planning Different for Snowbirds?

Snowbirds—those who spend part of the year in Florida and part elsewhere—face unique challenges. Some of the main issues include:

• Multiple states, multiple laws. Each state has its own rules for wills, trusts, probate, and powers of attorney. Owning property in both your northern “home” state and in Florida means that more than one jurisdiction may become involved after your death. This often means multiple probate proceedings (“ancillary probate”) which can be costly and time consuming.

• Residency, tax & domicile issues. It’s one thing to spend winters in Florida, but legally becoming a Florida resident (or domiciliary) involves more than just being there part of the year. Various factors—like where you register to vote, where your primary home is, vehicle registration, your driver’s license, bank accounts—will matter. States you spend summers in may try to claim you as a tax resident if your ties there are strong.

• Homestead and creditor protection. Florida has strong homestead protections if your residence qualifies under the state’s laws. If Florida becomes your legal residence or you claim homestead here, certain protections and exemptions apply that may not in your previous state.

• Healthcare, incapacity, and power of attorney matters. If you’re in Florida for part of the year but maybe incapacitated while you are in either state, you want your documents (advance directive, power of attorney, healthcare proxy) to be valid in both places—or at least recognize your wishes. Discrepancies between states can cause confusion or delay.

Steps to Update or Create Your Estate Plan This Fall

Here are steps to take to make sure your estate plan works well given your seasonal lifestyle, especially as you return to Florida for the winter in 2025:

1. Decide your legal domicile / primary residence.If you intend for Florida to be your permanent base, you’ll want to take concrete steps to establish that intention. Filing a Declaration of Domicile with the clerk in your Florida county is one common tool. Obtain a Florida driver’s license, register your vehicles in Florida, register to vote here, make sure your tax filings and official documents reflect your Florida home.

2. Review title ownership & decide where trusts may help.If you own property in multiple states (or even multiple properties in Florida), how they’re titled can make a difference. Trusts (especially revocable trusts) are often used to avoid probate in multiple states for real property. This can simplify things for heirs.

3. Update your will, POA, health care directives.If your existing documents (will, power of attorney, health care directive) are from your former state, check whether they’ll be honored here (or if you need Florida-specific versions). Also make sure the people you name as executors, agents, or health proxies are still able/willing to serve, and that you have backups.

4. Claim all available Florida protections and exemptions.

   • Homestead Exemption: If Florida is your permanent home, you may qualify. This can lower your property tax burden, and also gives additional protections.

   • Creditor protection: Florida homestead law protects your primary residence against many creditors under certain circumstances. Understanding how that works—and whether your property qualifies—is important.

5. Plan for out-of-state property.If you have real estate, bank accounts, or other assets outside Florida, consider whether ancillary probate will come into play. For many snowbirds, putting those assets into a trust or otherwise addressing how they pass on will save your heirs time, money, and avoid hassles.

6. Keep careful records.Whether for tax, residency, or legal purposes, keep good records of where you are throughout the year (travel logs, utility bills, etc.), of actions you take in Florida (license, voter registration, declarations). These help if a state tries to challenge your domicile or residency.

7. Review and update regularly.Life changes matter: marriage, divorce, births, deaths, buying or selling property, moving, or changes in law. For snowbirds, doing this at least every few years (or whenever significant changes happen) ensures your plan stays up to date and effective.

Why Do This Now as You Return in 2025?

• Tax & legal deadlines may be approaching. If you plan to make Florida your legal domicile, moving before year-end helps with documents or exemptions that align with calendar or fiscal years.

• If states you previously lived in audit or challenge residency: earlier actions tend to hold up better. Waiting until after something happens (like incapacity or death) is much riskier.

• Health or emergencies don’t wait. Having your powers of attorney and health care directives current and valid in both states can matter, especially during seasonal transitions.

• Potential savings on property taxes, avoiding probate, lowering estate / inheritance costs—all of which help preserve your estate for your beneficiaries.

Common Myths & Misunderstandings

Here are a few things many snowbirds believe that aren’t exactly correct, or are more nuanced than people assume:

• “Six months and a day” = Florida domicile.That phrase is popular, but Florida doesn’t have a clear rule that you must live there six months—and one day—to establish domicile. It’s about intent + actions + where your legal ties are.

• Old documents will automatically work across states.Just because you have a will or advance directive from your previous state doesn’t mean it’s fully valid under Florida law or that it will be honored without problem. It may need updating or re-execution.

• No estate taxes everywhere.Even though Florida does not impose a state estate tax, other states where you have property or where you were formerly domiciled might have estate or inheritance taxes—or demand that you prove you are no longer their resident for such purposes.

How ALG Can Help

At Absolute Law Group, we specialize in elder law and estate planning, including serving seasonal residents and snowbirds. We can help you:

• Assess your current plan to see if it needs updating for your seasonal lifestyle.

• Draft or update wills, trusts, power of attorney documents, and advance directives so that they work smoothly in Florida and any other relevant state.

• Guide you through the process of establishing Florida as your legal domicile (if that’s your goal), including declarations, registrations, and other actions.

• Avoid probate complications for property in multiple states.

If you're returning to Florida this winter, consider scheduling a consultation with us before the year ends—so you can begin 2026 with peace of mind.