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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 6 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.


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 lock Secured with SHA-256 Encryption