If my parents are deceased but prior to their deaths they wrote a Will/Trust in one state but then later moved to another, is it still valid?

Asked on July 20, 2014 under Estate Planning, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the document was executed ac­­­­­­­­­cording to the laws of the state in which they previously resided, then it is valid in the state to which they moved.   

You should be aware, however, that even though the main probate administration would occur in the state in which they were domiciled as of the date of their deaths, if they owned property in their name(s) in another state, you may be required to open a probate proceeding in that jurisdiction. 

Consulting with an attorney on all of this is the best way to protect your rights and ensure a smooth administration of the estate.


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