If you move, are the Wills that you had drafted in another state still valid and, if so,which state law applies?

Get Legal Help Today

 Secured with SHA-256 Encryption

If you move, are the Wills that you had drafted in another state still valid and, if so,which state law applies?

My wife and I are new to the state. We are concerned about our Holistic Wills and Living Wills which were drawn up in another state and witnessed. Are they legally recognized in out new state of residence? Our former state does not require probate of estates passed on to surviving spouse. Does this apply in our new state?

Asked on March 7, 2014 under Estate Planning, South Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

A Will remains valid when you move from one state to another.  As for probate, the size of the estate determines whether or not probate is required.  The size of the estate required for probate varies from state to another.

The law of the state in which you have established residence is controlling.


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