there is land in another state do the will have to say anything about this

UPDATED: Oct 1, 2022

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there is land in another state do the will have to say anything about this

My mother has a will but it does not say anything about the land in New Mexico. Does she have to make another Will? She live in Texas and the land is in New Mexico

Asked on December 11, 2018 under Estate Planning, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

She should make another will. If the land is not specifically mentioned, then one of two things will happen:
1) If there is some "catch all" or "residue" provision in the will that directs that anything not specifically identified otherwise in the will will go to a certain person, then this land, not being otherwise identified, will go to whomever gets the "residue" or remainder of the estate--who may not be the person your mother wants to get that land.
2) If there is no residue, etc. provision, then the land will go by intestate succession, or the rules who for gets what when there is no will--and the person thereby inheriting might again not be the person your mother wants to get the land.
It is better to have a will identifying the land and directing exactly whom it goes to.

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 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.

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