How to determine a person’s legal residence if they die during a move?

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How to determine a person’s legal residence if they die during a move?

About 2 months ago, my brother moved his possessions from NV to GA. He went back to NV to drive his car back to GA but only got as far as TX before he was hospitalized. He does not have a Will and the prognosis is not good. He is not married and has no children. My sister and I are his closest living relatives. What happens if he passes away in TX?

Asked on February 3, 2018 under Estate Planning, Georgia

Answers:

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

Answered 3 years ago | Contributor

When someone dies without a Will, the law of the state in which they were domiciled controls (i.e. the state in which they were a legal resident). Since it takes weeks if not months to establish such residency, your brother is still a legal NV resident. He had not spent enough time in GA to qualify and TX was just a state in which he was passing through.


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