Are out of state Will legally recognized?

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Are out of state Will legally recognized?

My wife and I moved to another state. We each have Wills and living Wills. Will our new state of residence recognize these documents? Also, is there any reason to have them reviewed/updated?

Asked on April 25, 2018 under Estate Planning, Florida

Answers:

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

Answered 3 years ago | Contributor

A Will executed in one stae does not necessarily have to be re-done if you move to another stae. Each jurisdiction will honor a Will that was properly drafted in the state in which it was signed. Further, should stae laws conflict on a particular provision, then that provison may be striken, however the rest of the document can stand. That having been said, if the Will was done more than just a few years ago, then regardless of the move,it may time to have it reviewed to see if your wishes and the assets remain the same.

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

Answered 3 years ago | Contributor

A Will executed in one stae does not necessarily have to be re-done if you move to another stae. Each jurisdiction will honor a Will that was properly drafted in the state in which it was signed. Further, should stae laws conflict on a particular provision, then that provison may be striken, however the rest of the document can stand. That having been said, if the Will was done more than just a few years ago, then regardless of the move,it may time to have it reviewed to see if your wishes and the assets remain the same.  


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