Validity of out of state will?

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Validity of out of state will?

1. Our will and trust was drawn up in
Illinois. We moved to PA 2 years ago.
Is our out of state will and trust valid in
PA?

2. My 88 year old mother just moved in
with us from Ohio.I have power of
attorney. Same question. Is her will
from Ohio still valid here?

3. What action do We/I need to take in
PA?

Asked on July 23, 2017 under Estate Planning, Pennsylvania

Answers:

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

Answered 6 years ago | Contributor

If you prepared a Will in your old state of residence and it was valid there, then it’s valid in your new state as well. The same generally holds true for a revocable living Trust and Power of Attorney. However, having a local attorney review all of the documents could well be worth your while. This way you'll have peace of mind just for paying for an hour or so of their time. Some of these documents may need updating based on a change in life circumstances (e.g. a named benficiary in the Will has since passed away, etc.).

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

Answered 6 years ago | Contributor

If you prepared a Will in your old state of residence and it was valid there, then it’s valid in your new state as well. The same generally holds true for a revocable living Trust and Power of Attorney. However, having a local attorney review all of the documents could well be worth your while. This way you'll have peace of mind just for paying for an hour or so of their time. Some of these documents may need updating based on a change in life circumstances (e.g. a named benficiary in the Will has since passed away, etc.).


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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