Are Massachusetts Wills Legal in Florida?
- If a will is valid in the state in which it was executed, then it will also be valid in Florida under most circumstances. Type your will and sign it in front of two witnesses to ensure that the Florida probate courts will not reject it. If you are not a native English speaker and write your will in a foreign language, have it translated into English and sign both the foreign-language and the English copy in front of two witnesses, as Florida law requires an English translation of wills.
- Oral wills are not legal in Florida regardless of the state in which they were executed. Massachusetts law allows oral wills only in cases where the will writer is on active military duty at the time of the will. Florida will not consider this will valid, and if it supersedes a previous will, the Florida probate court will enforce the prior will.
- Florida does not accept holographic wills--wills that are written by hand rather than typed. Massachusetts does not recognize holographic wills, either. If a will writer writes a draft of a will by hand, his attorney can type the will and have the writer sign it along with two witnesses while the will writer is still competent to sign.
- Florida laws regarding homestead inheritances are different from laws in other states. If you live in Massachusetts and plan to bequeath a Florida home to your heirs, consult your attorney to find out the best way to do so. Florida views inheritance taxes on homesteads differently than Massachusetts, so your heirs could be charged high inheritance taxes.