Is a Will valid if you relocate to another state?

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Is a Will valid if you relocate to another state?

My husband and I had Wills done in the state in which we lived. We have since relocated to another state and hope to move again to still another. Will our Wills be valid?

Asked on November 30, 2011 under Estate Planning, South Carolina

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The will would be valid in the state in which it was created. You need to review the provisions of those wills and see if it concerns property that is no longer in the will. If you moved, then theoretically, you have sold homes and or cars or the like (including personal property like furnishings). If so, then the items originally mentioned in the will may no longer exist, in which case it could be argued that whatever you now own would fall to the residuary clause in your will if you have one or the will itself would or could fail altogether. It is always a good idea to update your will especially if you plan on also creating a trust and if you have new real and personal property and no longer have the real or personal property located in the orignal testamentary document.


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