Not a different plan. But the existing plan may need adjusting, and if there isn’t one, the cost of ignoring this question can be significant.
Here’s the problem. When someone dies owning real estate, that property is governed by the laws of the state where it sits. If your parent lives in Ohio but owns a condominium in Florida, both states have a claim on the process. The estate goes through probate in Ohio as the primary state, and then through a separate probate proceeding in Florida for the property there. That second proceeding is called ancillary probate, and it means additional court costs, additional attorney fees, additional delays, and the whole thing becoming public in two places instead of one.
For families managing an estate from a distance, often while also managing grief, it adds real burden to an already difficult period.
The solution is straightforward, and the same one that comes up whenever probate is the problem: a revocable living trust. If your parent’s Florida condominium is titled in the name of the trust rather than in their own name, it passes directly to the successor trustee when they die. No Florida probate. No second court proceeding. The trust handles it cleanly regardless of how many states are involved.
Transferring property into a trust requires recording a new deed in the relevant county, which is one reason it’s worth involving an attorney who knows how to do this properly. An attorney in your parent’s home state can usually handle everything, though they may coordinate with local counsel in the other state for the deed work.
Your parent’s other documents, the financial power of attorney, healthcare proxy, and advance directive, are generally recognised across state lines. Some institutions will still push back on out-of-state forms, but that’s a practical inconvenience, not a legal crisis.
If your parent owns a vacation home, a second property, or spends part of the year in another state, it’s worth raising the question with an estate planning attorney sooner rather than later. Fixing it in advance is a straightforward conversation. Fixing it after the fact is much harder work.
