Many Key West homeowners split the year between the Keys and a home up north. That snowbird lifestyle is wonderful, but owning property and spending time in two states raises estate planning questions a single-state plan never has to answer. Where are you legally a resident? What happens to the house in each state? Here is a plain-English look at the issues that matter most.
Residency is the first question to settle
Your legal domicile, the state you consider your true permanent home, drives which state’s laws govern your estate and where your will is primarily administered. Florida is an attractive domicile because it has no state estate tax and no inheritance tax. If you intend Key West to be your home base, your estate plan, voter registration, driver’s license, and other ties should consistently point to Florida rather than your northern state.
Claiming the Florida homestead
Florida’s homestead protection (Article X, Section 4) shields your primary residence from most creditors and can offer property tax benefits, but only one home can be your homestead, and it must be your permanent residence. Snowbirds who want these protections for their Key West property need to establish it as their true home, not just a winter getaway. You cannot claim a homestead exemption in two states at once.
The risk of ancillary probate
If you own real estate in two states and rely only on a will, your family may face probate in both: the main proceeding in your home state plus a separate ancillary probate in the other state where the property sits. That means two courts, two sets of costs, and more delay. This is one of the most common and avoidable headaches for dual-state owners.
How a trust solves the two-state problem
A revocable living trust (Florida Statutes, Chapter 736) is the classic fix. By titling both your Key West home and your out-of-state property in the trust, you can avoid probate in both states entirely, keeping the transfer private and faster. For snowbirds, this single step often justifies the whole plan.
The Lady Bird deed as a simpler alternative
For the Florida property specifically, a Lady Bird deed (enhanced life estate deed) lets you keep full control during your life and pass the home automatically at death, avoiding probate on that parcel. It will not help with the out-of-state home, but it is a useful tool when a full trust is more than you need for the Key West house.
Make your documents work everywhere
A durable power of attorney (Florida Statutes, Chapter 709) and a health care surrogate should be valid and recognized in both states you live in. If you move your domicile to Florida, it is wise to have your core documents redone under Florida law so they hold up when you need them, in the Keys or up north.
Talk to a Florida attorney
Dual-state living adds layers, residency, homestead, and the threat of double probate, that a generic plan rarely handles. Before snowbird season, consult a licensed Florida estate planning attorney to align your plan with your Key West home and your life in two states.
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For more on our Florida practice, see our overview of Florida estate planning. Morgan Legal Group's affiliated New York office also handles .
