The Great Florida Migration of 2025 Is Here – But Most People Are Making Critical Mistakes
If you've been watching the news lately, you've seen the headlines. Following the recent elections in New York City, New Jersey, and Virginia, there's been an explosion of interest in moving to Florida.
Real estate agents in Florida are reporting record inquiries. Moving companies are booked solid. And Google searches for "how to establish Florida residency" have skyrocketed.
But here's what most people don't realize: Simply packing up your belongings, buying a home in Florida, and spending six months and one day in the Sunshine State won't do it. In fact, if you make this mistake, you could find yourself facing an aggressive tax audit from your former state that could cost you tens of thousands of dollars in back taxes, penalties, and interest.
I've been practicing estate and elder law for almost 30 years, with offices in both Minnesota and Florida. I've helped hundreds of families make the transition to Florida properly. And I can tell you from experience: the families who do this right sleep peacefully at night. The ones who don't? They get nasty letters from their old state's Department of Revenue demanding proof they're really gone.
Let me share a story that illustrates why this matters.
The $47,000 Mistake: A Cautionary Tale
A few years ago, a couple from New York – let's call them Tom and Susan – came to my office in a panic. They'd moved to Florida three years earlier. They bought a beautiful home in Venice. They got Florida driver's licenses. They even registered to vote.
They thought they'd done everything right.
Then they received a letter from New York State. The tax auditor had reviewed their situation and determined they were still New York residents for tax purposes. The bill? $47,000 in back taxes, plus penalties and interest.
Why did this happen?
Because Tom and Susan made several critical mistakes. Their will was still an old New York will. They kept their country club membership up north. Tom's business still had a New York mailing address. And their trust documents never mentioned Florida at all.
The New York auditor looked at all these factors and said, "You never really left."
Why Your Old State Won't Let You Go Without a Fight
Here's something you need to understand: High-tax states like New York and New Jersey are VERY aggressive about keeping you on their tax rolls. They don't simply take your word for it that you've moved.
They look at everything:
- Where is your mail delivered?
- Where do you vote?
- Where are your vehicles registered?
- Where do you have professional licenses?
- Where do you belong to clubs or organizations?
- What state law governs your estate planning documents?
- Where do you have bank accounts?
- Where do your doctors practice?
- Where do you spend holidays?
And they add up "days spent" in each location. But even if you hit that magic "183 days" in Florida, if the rest of your life looks like you still live up north, you're going to have problems.
The Estate Planning Factor Nobody Talks About
Here's one of the most overlooked factors in establishing Florida residency: your will and trust documents.
When a state's Department of Revenue audits your residency claim, one of the things they may examine is what state law governs your estate planning documents. If your will says it's governed by New York law, or your trust was created under New Jersey law, that's evidence you still consider yourself a resident of that state.
Think about it from the auditor's perspective. You're claiming you moved to Florida and established a new domicile. But your will – the document that says what happens to everything you own when you die – is still operating under your old state's laws. That doesn't add up.
But there's an even more important reason to update your estate plan when you move to Florida.
Florida's Homestead Rules Are Different – And Powerful
Florida offers something truly special: homestead protection. Your primary residence in Florida receives two major benefits:
- Creditor Protection: With very limited exceptions, your home is protected from creditors. This is one of the strongest asset protection laws in the entire country.
- Property Tax Cap: Your property taxes can only increase by a maximum of 3% per year, no matter how much your home's value increases.
But here's the catch: to maintain homestead protection, you need specific language in your trust documents and in the deed that transfers your property into your trust.
I've seen families lose their homestead protection – and face tens of thousands of dollars in increased property taxes – simply because they used old documents from up north or worked with an attorney who didn't understand Florida's specific requirements.
The Declaration of Domicile Is Just Step One
Most people who do any research about moving to Florida learn about the Declaration of Domicile. You file it with the clerk of court in the county where you live. It's a public statement that Florida is now your permanent home.
But filing a Declaration of Domicile is just the first step. It's like putting up a "We've Moved" sign. It gets the process started, but it doesn't complete it.
You also need to:
- Register to vote in Florida (and cancel your registration in your old state)
- Get a Florida driver's license
- Register your vehicles in Florida
- Change your mailing address on all important documents
- Update your estate planning documents to reflect Florida law
- Move your bank accounts to Florida institutions (or at least change the address)
- Notify your insurance companies
- File your federal tax return using your Florida address
- If you own a business, update business registrations
- Transfer professional licenses to Florida
- Cancel memberships in clubs and organizations in your old state
- Establish relationships with doctors, dentists, and other professionals in Florida
Miss any of these steps, and you're giving your old state ammunition to claim you never really left.
The 2025 Opportunity Window
Right now, with all the national attention on people moving to Florida after the recent elections, there's a unique opportunity. If you're thinking about making the move, starting the process now – before the end of 2025 – can set you up for success.
But it requires doing the right things and with the right documentation.
That's exactly why I wrote "The Florida Snowbird Guide: A Fast & Friendly Legal Guide for Florida Relocation & Snowbirds."
This book walks you through the steps you need to take to not just establish Florida residency, but to properly sever your residency ties with your old state. It includes checklists, timelines, and explanations of the legal requirements.
The book covers:
- The process for establishing Florida domicile
- How to sever ties with your former state
- Why updating your estate plan is crucial
- Florida's unique homestead rules
- Common mistakes that trigger audits
- How to document your move properly
- Checklists for the transition
One reader told me, "I thought I knew what I was doing. Then I read your book and realized I was about to make three major mistakes that would have cost me thousands in taxes."
Don't Navigate This Alone
Moving to Florida is exciting. Lower taxes. Beautiful weather. No state income tax. Strong asset protection. It's easy to see why so many people are making the move.
But making the transition properly requires expert guidance. The stakes are simply too high to guess or to rely on generic internet advice.
At Roulet Law Firm, we've helped hundreds of families make this transition successfully. We have offices in both Florida and Minnesota, so we understand both sides of this equation. We know what your old state is looking for, and we know how to establish your Florida residency in a way that will stand up to scrutiny.
We can help you:
- Update your will and trust to comply with Florida law
- Include the proper homestead language to protect your property tax benefits
- Create a comprehensive plan for severing ties with your old state
- Document your move properly
- Avoid the common mistakes that trigger audits
This isn't just about saving money on taxes (though that's certainly important). It's about peace of mind. It's about knowing you've done everything right, so you can enjoy your new Florida lifestyle without looking over your shoulder waiting for a letter from your old state's tax department.
Your Next Steps
If you're serious about moving to Florida and doing it right, here's what I recommend:
Step 1: Get educated. Download a free digital copy of "The Florida Snowbird Guide" from our website or purchase it on Amazon. This book will give you the foundation you need to understand the process.
Step 2: Get your estate planning updated properly. This is one of the most important steps, and it's one that many people overlook or delay.
Don't let what's happening in New York, New Jersey, and Virginia be just a news story that makes you anxious. Let it be the catalyst that moves you to take action and make the change you've been thinking about.
But do it right. Do it with expert guidance. And do it in a way that protects you and your family.
Ready to Make Your Move to Florida the Right Way?
Call us today at 941-909-4644 to schedule a consultation to discuss your Florida relocation and estate planning needs.
Or fill out the contact form on this page and a member of our team will reach out to schedule a convenient time to talk.
Want to learn more first?
Download your FREE digital copy of "The Florida Snowbird Guide" or purchase it on Amazon.
Your new Florida life is waiting. Let's make sure you get there without any costly mistakes along the way.
Chuck Roulet is an estate planning and elder law attorney with almost 30 years of experience. He is licensed in both Florida and Minnesota and has been interviewed by USA Today, The Epoch Times. Live Life Large, Money Matters, and other national media. He is the author of several books including "The Florida Snowbird Guide" and regularly teaches other attorneys and financial professionals about estate planning, elder law and tax strategies.
