Is my out-of-state will legal now that I reside in another state?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is my out-of-state will legal now that I reside in another state?

Asked on October 26, 2011 under Estate Planning, Florida

Answers:

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

Answered 9 years ago | Contributor

If you move to a new and your Will was executed ac­­­­­­­­­cording to the laws of the state where you previously resided, then that Will is valid in the state of which you now reside. That having been said, even if your out-of-state Will is valid in your new home state, it is impor­tant to have it reviewed. Due to differing state laws you may wish to execute a new Will; for example, if there are restrictions on who can be named to serve as your executor.   

Note:  A Will is good indefinitely or at least until it is revoked.  However, based on changes in life circumstances (death, divorce, the birth of a child, etc) you may want to periodically up-date your Will.  This can be done via an amendment to it known as a "codicil".  This works best if the changes are minor; if they are more extensive, you may want to have a new Will drafted. 


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption