If my boyfriend and I are setting up a Will and living trust and his primary residence is in one stateand mine is in another, where should we seek a lawyer?

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If my boyfriend and I are setting up a Will and living trust and his primary residence is in one stateand mine is in another, where should we seek a lawyer?

I am keeping my condo in NJ and moving into his house in FL in 3 months. If anything were to happen to him, we want to make sure that I would be the executor of his assets and can continue to live at his house. His sister lives in his house and has no lease. We want to make sure that I have a legal right to live there until we get married next year. Should we seek a probate lawyer in FL or NJ?

Asked on August 12, 2011 New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Generally speaking, a Will that is valid in one state is upheld as valid in another state.  But there are certain state laws that may play a part in what eventually happens to the asset.  If the house is located in Florida then I would use an attorney in Florida to prepare the paperwork.  Be aware that it is my understanding that Florida probate laws only allow certain next if kin to inherit homes - one of those strange state laws - so I might consider speaking with the attorney about setting up a Trust with you as the beneficiary (if this does not violate the state laws but rather circumvents it) or placing you on the deed.  Good luck.


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