If I live in one state but have property in another, do I have to have 2 Wills?

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If I live in one state but have property in another, do I have to have 2 Wills?

I’m leaving all property to my 3 children.

Asked on April 28, 2013 under Estate Planning, Kentucky

Answers:

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

Answered 9 years ago | Contributor

As long as your Will was validly executed in the state in which you were formally domiciled it will be good in your new state of residence. That having been said, if your Will was executd some time ago, your life circumstances may have changed (i.e. birth of a new chid, death odf a spouse, etc,). That being the case, you may want to have an codicil (i.e. amendment) to your Will executed if there are some minor changes to be made or have an entirley new Will written if any needed changes are of a more substantive nature.

Nathan Wagner / Law Office of Nathan Wagner

Answered 9 years ago | Contributor

One will is good enough. In fact, if you try to create more than one will, only the last one you executed is effective. Your one and only will should deal with all of your property.  

What happens is this: when the time comes, the same will is submitted to the probate courts in each state where you have property that needs to be distributed. 


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