Will on record in one state with property. Moved to another state with property, is second will necessary for current property?
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Will on record in one state with property. Moved to another state with property, is second will necessary for current property?
I have a will on record with home for sale in Ohio. Recently moved to AZ and purchase home. Should I have another will for the State of AZ with new property?
Asked on June 1, 2017 under Estate Planning, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
There are two different issues here:
1) Does moving to a new state or having property in a new state require a new will? No--every state is required (e.g. by the Constitution) to honor the wills of every other statel. So if the first will was valid under the laws of OH, it will still be honored no matter where you live or own property.
2) Do you need to revise or amend your will to reflect the new property? That depends on whether the terms of the original will would include or cover the new property. For example, if the will had said "I leave my real estate to my son, John Doe," then that would cover the new real estate as well as the old. But if the old will only mentioned the OH property specifically and says nothing about other real estate, you should amend or revise it, or replace it with a new will, covering the new real estate, too.
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