Are a Will and legal Power of Attorney created in one state legal in another?

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Are a Will and legal Power of Attorney created in one state legal in another?

Asked on July 9, 2013 under Estate Planning, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I assume that you are contemplating moving and you are wise to ask these questions ahead of time.  As for the Will, if it was validly executed in the state you came from it is valid in the state you move to, as long as it does not violate that state's laws.  If a portion was invalid in the new state that would not invalidate the Will but may cause that portion to be reevaluated by the court (Florida has a provision in the law as to who can inherit real property).  As for the POA, each state law differs and I would check in the new state if they would honor the old state's POA.  If they will not then execute a new one.  Good luck.


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