Is my out-of-state will legal now that I reside in another state?
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Is my out-of-state will legal now that I reside in another state?
Asked on October 26, 2011 under Estate Planning, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you move to a new and your Will was executed according to the laws of the state where you previously resided, then that Will is valid in the state of which you now reside. That having been said, even if your out-of-state Will is valid in your new home state, it is important to have it reviewed. Due to differing state laws you may wish to execute a new Will; for example, if there are restrictions on who can be named to serve as your executor.
Note: A Will is good indefinitely or at least until it is revoked. However, based on changes in life circumstances (death, divorce, the birth of a child, etc) you may want to periodically up-date your Will. This can be done via an amendment to it known as a "codicil". This works best if the changes are minor; if they are more extensive, you may want to have a new Will drafted.
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