Estate Planning for Snowbirds: How to Handle Florida and New York Residency

2025-08-05

Episode Summary:In this episode of Estate Planning with Bernard Law, estate planning attorney Daniel Bernard, who helps families in New York and Florida protect their assets and secure their future. Daniel dives into the unique estate planning challenges faced by “snowbirds”—individuals who split their time between two states, often New York and Florida. From understanding domicile rules and residency audits to avoiding probate in multiple states, Daniel explains why snowbirds need a carefully tailored estate plan. He also discusses how trusts, health care directives, and powers of attor...

Episode Summary:
In this episode of Estate Planning with Bernard Law, estate planning attorney Daniel Bernard, who helps families in New York and Florida protect their assets and secure their future. Daniel dives into the unique estate planning challenges faced by “snowbirds”—individuals who split their time between two states, often New York and Florida.

From understanding domicile rules and residency audits to avoiding probate in multiple states, Daniel explains why snowbirds need a carefully tailored estate plan. He also discusses how trusts, health care directives, and powers of attorney must be adapted to ensure seamless administration across state lines.

Whether you’re considering retirement in Florida, already living as a snowbird, or planning to own property in multiple states, this episode provides actionable insights to simplify your estate planning and protect your loved ones.

Key Timestamps:

00:33 – What is a snowbird, and why does it complicate estate planning?
01:54 – Which state controls your estate if you live in more than one?
03:12 – Why some New Yorkers change their domicile to Florida
04:16 – How to legally prove Florida residency (and why New York fights it)
06:05 – The 183-day rule and how New York taxes snowbirds
08:19 – Why owning homes in two states can create dual probate
09:42 – How trusts help avoid probate in New York and Florida
11:08 – Are health care directives valid across states?
12:25 – Why snowbirds should have state-specific health care documents
13:29 – Florida’s homestead protection and its impact on trusts
15:21 – When to update your estate plan before moving to Florida
16:46 – Why milestone life events (like retirement) require estate plan reviews

About the Show:
Estate Planning with Bernard Law is a practical, accessible podcast that helps families protect their assets and avoid unnecessary court battles. Featuring New York and Florida attorney Daniel Bernard, each episode covers the real-world questions and concerns that come up around wills, trusts, guardianship, and probate.

Connect with Daniel Bernard: