If you own a Miami condo but live most of the year in New York, New Jersey, Illinois, or Canada, your estate plan has to work in two places at once. Our Miami estate planning practice focuses on out-of-state property owners and dual-state residents whose assets, residency, and family span more than one jurisdiction. Florida law governs your real estate here, and getting that right protects your loved ones from a costly probate surprise.
Why Dual-State Ownership Changes Your Estate Plan
A will or trust drafted in another state may be valid in Florida, but it does not automatically avoid ancillary probate of Florida real property. When a non-resident owner dies holding a Miami home, condo, or investment property in their individual name, that property often must pass through a separate Florida probate administration under the Florida Probate Code (Chapters 731-735). For families already administering an estate up north, a second Florida proceeding means added time, cost, and out-of-state travel. Planning ahead is how you avoid it.
Florida Tools We Use
Florida offers planning tools that are especially useful for dual-state clients. A revocable living trust under Chapter 736 can hold your Miami property so it passes without probate in any state. A Lady Bird (enhanced life estate) deed lets you keep full control during life and transfer the property automatically at death. A Florida durable power of attorney under Chapter 709 and a Florida health care directive ensure decisions can be made here when you are out of state. We match the right tool to your situation rather than applying a one-size template.
Florida Homestead and the Snowbird Question
Florida’s constitutional homestead protections offer powerful creditor protection and property tax benefits, but they only apply to your permanent residence. Many dual-state clients ask whether their Miami property qualifies. The answer depends on where you are domiciled, and it carries real consequences for taxes, asset protection, and how the property can be devised. Homestead also restricts who you can leave the home to if you are married or have minor children. We walk you through the trade-offs based on your actual residency.
Our Estate Planning Services
- Florida wills for non-resident and dual-state owners
- Revocable living trusts to avoid ancillary probate
- Lady Bird deeds for Miami real estate
- Florida durable power of attorney
- Probate and ancillary administration avoidance
Work With a Miami Estate Planning Attorney
Whether you split the year between Miami and another state, recently bought a vacation property, or want to spare your family a second probate, we build Florida-compliant plans designed for cross-border lives. We coordinate with your home-state advisors so your documents work together rather than against each other.
A note about legal advice: This page is general information about Florida law and is not legal advice. Estate planning is highly fact-specific, and your residency, marital status, and family circumstances all matter. Please consult a licensed Florida attorney before acting on anything here.
