Many Long Island residents split their time between New York and Florida, but this lifestyle introduces estate planning risks that are often overlooked until a problem arises. We frequently meet clients in Hauppauge and Suffolk County who assume their documents will work in both states, only to find gaps that may cause probate delays, tax issues, or family disputes.
Effective estate planning for snowbirds requires coordination between New York and Florida law, particularly regarding real estate, residency, and taxes. By recognizing common mistakes, snowbirds can take proactive steps to protect their families and assets.
Below are several of the most frequent estate planning errors we see and the legal consequences that can follow under New York and Florida law.
Failing To Address Ancillary Probate
One of the most common mistakes snowbirds make is owning Florida real estate while maintaining a New York will that does not properly account for out-of-state property. Under New York law, a will must generally be admitted to probate in the Surrogate’s Court where the decedent was domiciled. See New York Estates, Powers and Trusts Law (EPTL) § 3-2.1. However, if a New York resident dies owning Florida real property in their individual name, the estate may also face ancillary probate in Florida.
This can require families to open probate in both New York and Florida, leading to higher legal fees, property transfer delays, and added administrative burdens. Proper planning, such as using trusts or coordinated titling, can help avoid these issues.
Not Updating Documents After Establishing Florida Ties
Many snowbirds assume their older New York estate plan will remain fully effective after they begin spending significant time in Florida. While New York wills and trusts are often still valid, problems can arise when documents do not reflect the client’s current residency patterns, property holdings, or tax exposure.
For example, New York recognizes wills executed under EPTL § 3-2.1, but problems may occur if fiduciaries are not clearly identified to act in both states. Florida’s homestead protections can also affect how property passes at death. Without coordination, documents may create confusion for representatives and trustees.
We recommend regular reviews to ensure your estate plan reflects your current lifestyle and property holdings. In reality, New York applies a strict domicile and statutory residency analysis. If New York determines that an individual remained domiciled in the state, the estate may still be subject to the New York estate tax under New York Tax Law § 952.
This is important because New York’s estate tax threshold is much lower than the federal exemption and includes an estate tax cliff. If the estate exceeds the exemption by more than five percent, the entire estate may be taxable.
Without careful planning and documentation of domicile intent, snowbirds may unintentionally expose their estates to New York estate tax liability.
Overlooking Florida Homestead Rules
Snowbirds who purchase property in Florida often fail to account for Florida’s constitutional homestead protections. Florida law places restrictions on how homestead property may pass at death when the owner is survived by a spouse or minor child. These rules can override a will or trust if the property is not properly structured.
For New York residents who maintain Florida property, failure to coordinate ownership and beneficiary designations can result in unintended inheritances or litigation among family members. This is especially important for blended families and second marriages.
Careful titling and planning help ensure that both New York and Florida laws work together rather than conflict.
Relying On Generic Or Outdated Estate Plans
Another frequent mistake is relying on a basic will prepared years ago that does not account for multi-state living. Snowbirds often accumulate additional assets, retirement accounts, and real estate interests over time. When the estate plan is not updated, important assets may pass by default rules rather than according to the client’s wishes.
Under New York intestacy law, EPTL § 4-1.1 governs the distribution of assets when there is no valid dispositive provision. Families are often surprised to learn that the statutory distribution may not match the decedent’s intent, particularly in blended family situations.
Routine reviews help ensure beneficiary designations, trusts, and wills remain aligned with the client’s current goals.
Naming The Wrong Fiduciaries
Serving as executor or trustee across multiple states can be complex. Snowbirds sometimes name individuals who may have difficulty qualifying or acting in another jurisdiction. For example, Florida has restrictions on who may serve as a personal representative if the individual is not a close relative and is not a Florida resident.
If the named fiduciary cannot serve, the court may need to appoint a substitute, which can delay administration and increase costs. Choosing the right fiduciaries and providing backup appointments is an important part of snowbird planning.
Ignoring Estate Tax Planning Opportunities
Many snowbirds focus only on probate avoidance and overlook estate tax exposure. New York’s estate tax system can create significant liability for higher-net-worth families. Strategic use of trusts, lifetime gifting, and portability planning can help reduce exposure under New York Tax Law Article 26.
Without proactive planning, families may pay more tax than necessary, reducing the legacy passed to heirs.
New York Estate Planning Frequently Asked Questions
Do Snowbirds Need Both A New York And A Florida Estate Plan?
Not necessarily. In many cases, a well-designed New York-based estate plan can work effectively for snowbirds if it is properly coordinated with Florida property ownership. The key issue is not whether two plans are required, but whether the existing documents address multi-state assets and residency concerns. We often review titling, beneficiary designations, and trust structures to determine whether ancillary probate can be avoided and whether fiduciaries can act in both jurisdictions. When documents are outdated or incomplete, revisions are usually recommended.
How Often Should Snowbirds Update Their Estate Plan?
We generally recommend reviewing an estate plan every three to five years, or sooner after major life events such as purchasing Florida property, changing residency patterns, remarriage, or significant asset growth. Snowbirds face additional complexity because state laws and tax thresholds change over time. Regular reviews help ensure that the plan remains efficient and aligned with both New York and Florida law.
Will Moving To Florida Eliminate New York Estate Tax?
Simply spending time in Florida does not automatically eliminate New York estate tax exposure. New York looks closely at domicile intent and statutory residency factors. If New York determines that an individual remained domiciled in the state, the estate may still be subject to tax under New York Tax Law § 952. Proper domicile planning involves documentation, lifestyle changes, and coordinated legal steps.
What Is The Biggest Risk Snowbirds Face With Estate Planning?
The most common risk is failing to coordinate property ownership and estate documents across state lines. This often leads to ancillary probate, fiduciary complications, and unnecessary taxes. Many families assume their basic will covers everything, but multi-state living creates issues that require tailored planning.
Can A Trust Help Snowbirds Avoid Probate In Both States?
Yes, in many situations, properly funded revocable or irrevocable trusts can help avoid probate in both New York and Florida. The trust must be carefully drafted, and assets must be correctly titled into the trust. Simply signing a trust document without funding it will not achieve the intended result.
Call Bernard Law P.C. For Snowbird Estate Planning Guidance
At Bernard Law P.C., we work closely with snowbirds throughout Hauppauge and Suffolk County to create estate plans built around originality, efficiency, and quality. We understand the unique legal and tax issues that arise when New York residents maintain homes and assets in Florida. Our goal is to design a plan that protects your family, minimizes court involvement, and preserves your wealth.
If you spend part of the year in Florida or are planning to become a snowbird, now is the time to review your estate plan.
Contact our Hauppauge estate planning attorney at Bernard Law P.C. at (631) 378-2500 to schedule a free consultation. Our Hauppauge, New York office proudly serves clients throughout Suffolk County.
