Florida Estate Planning for Long Island & Out-of-State Owners

If you live on Long Island but own a condo in Naples, a home in Boca Raton, or you split the year between New York and the Sunshine State, your estate plan has to answer to two sets of rules at once. A document drafted entirely under New York law does not automatically work the way you expect when Florida real estate is in the picture. We focus on exactly this situation: dual-state residents and out-of-state property owners who need a Florida-compliant plan that coordinates with their northern affairs.

Why Florida Law Matters When You Own Property There

Real property is governed by the law of the state where it sits. A house in Sarasota answers to the Florida Probate Code (Chapters 731 through 735), Florida’s constitutional homestead protections, and Florida’s rules on wills (Section 732.502), trusts (Chapter 736), and durable powers of attorney (Chapter 709). If you die owning Florida real estate in your own name, your estate will likely face a Florida probate, even if your primary probate happens in Nassau or Suffolk County. That second proceeding is called ancillary administration, and it is one of the most common, and most avoidable, surprises for Long Island families.

The Dual-State Problem in Plain Terms

Owning property in two states creates overlapping risk: two potential probates, conflicting document formalities, and uncertainty about which state you are truly domiciled in for tax and homestead purposes. Florida has no state estate tax and no state income tax, which is why many Long Islanders eventually establish Florida domicile. But domicile is a factual question, and a sloppy paper trail can leave your family fighting over which state’s rules apply.

How We Help

• Wills valid in Florida executed under Section 732.502 formalities, including the self-proving affidavit Florida recognizes.
• Revocable living trusts under Chapter 736 to hold Florida real estate and avoid ancillary probate.
• Lady Bird (enhanced life estate) deeds that pass Florida homestead to heirs outside probate while you keep full control.
• Florida durable powers of attorney under Chapter 709 that banks and title companies in Florida will actually accept.
• Homestead and elective share planning so a surviving spouse is protected under Florida law.

Coordinating Two States

The goal is one coherent plan, not two competing ones. We work alongside your New York advisors so your Florida documents and your Long Island documents point in the same direction, your domicile story is consistent, and your family is not left untangling contradictions during a difficult time.

Talk With a Florida Attorney

Every situation turns on its own facts, the form of ownership, your domicile, and your family circumstances. The information on this site is general and is not legal advice. Before you act, consult a licensed Florida attorney who can review your specific holdings and goals.