QUESTION
Is a trust written in Michigan valid in Florida now that we are Florida residents
Asked on May 15th, 2026 on Estate Planning - Florida
More details to this question:
We took our trusts into a Florida estate planning attorney ( the trusts are from Michigan 1994) we had several questions but did not intend to rewrite the trusts ( my husband and I each have separate trusts- assets equal divided). We are aware that power of attorney’s etc will need to be changed. We each have a Florida will. All we wanted to do was have the trusts amended to say according to the laws of the state of Fl. ( our estate attorney says she cannot amend existing wills as she is not licensed in Michigan. They are revocable trusts and I read somewhere that we could actually amend them ourselves as long as they wow revocable. Help, please
1 ANSWER
CREDIT CARD COLLECTION DEFENSE Attorney serving Harrisburg, PA
Partner at
Law Office of Gregory M. Lane
If your original trust was prepared in accordance with Michigan law there is the possibility that differences between MI and FL trust laws could cause a FL attorney to decline to amend or administer a MI trust although there is a general legal principle called comity which requires the 59 states to honor contracts written in other states. The FL attorney is lkely being cautious in declining to work on an out-of-state trust. I have had occasion to amend trusts and wills originaly adopted in states in which i am not licensed because in many cases there is the risk that provisions of those other states' laws may not be the same as the lasws of the states in which I am licensed and are thus more familiar with. I cannot risk giving a client a false sense of security by letting them assume my review or revisions comport with what the professional in the original state did. Bottom line: if you are now Florida residents draft new trusts or your intended results may not be realized after you're gone.
Answered on May 18th, 2026 at 3:03 PM