![]() For example, your personal representative could be forced to hire an attorney, In addition to the risk of a non-resident not being allowed to serve your personal representative, there are other significant burdens associated with having an out-of-state individual probate the will. If that individual isĭetermined to be ineligible to serve in this capacity, it could be extremely detrimental to the effective execution of your will. This is extremely important to determine if you decide to relocate to a new state since the personal representative is empowered to administer the provisions of your will. In some states, a non-resident is prohibited from serving as your personal representative. In other states, a divorce will simply revoke the benefits that would have been conveyed to your ex-spouse. Similarly, in some states, getting divorced will revoke your will. In other states, a new marriage has zero impact on your will. If you get re-married in certain states, itĬould effectively nullify your will. For example, in some states, a new marriage will actually revoke your will. In contrast, if you lived in Pennsylvania, the governing state laws have established that a disinherited child has no legal recourse simply because they are not named in a will.Ĭhanges to your marital status, whether it be a divorce or a new marriage, could impact your will differently depending on the state. This means a disinherited child could potentially challenge the terms of your will and seek a court order directing your estate to provide an amount of money that the child would have Massachusetts law, a disinherited child must be specifically mentioned and disinherited in a will. However, in other states, there is no such requirement. In some states, if you decide to disinherit a child, you are obligated to specifically state the disinheritance decision in your will or provide the disinherited child a "nominal bequest" such as $5. Place that recognize holographic wills, but only if they are made by members of the U.S. For example, both Maryland and New York have laws in In other states, a holographic will could be valid, dependent upon certain factors. In some states, a holographic will is not valid. In contrast, if you relocated to, let's say Connecticut, the state law hasĮstablished that only witnesses are legally required to sign the affidavit in order for the will to be deemed valid.Ī "holographic" will is generally not witnessed by third parties and hand-written by the testator. For example, under Florida law, both the testator and witnesses are required to sign the self-proving affidavit. However, potential issues can arise with the specific form of the self-proving affidavit. Many people attach the self-proving affidavit to their A self-proving affidavit can be extremely useful since it states that the will should be deemed valid in any state. The protocol for creating a valid, self-proving affidavitĪ "self-proving" affidavit is a document established under oath, typically in the presence of a notary public. In some states, it is perfectly fine for a beneficiary to be a witness. Similarly, many states have different requirements when it comes to the presence of witnesses during the execution of a will. person creating the will) and the witnesses. Location of signaturesĭifferent states will specify the location in the will document of the signatures of the testator (i.e. Here are some examples of potential conflicts between the different states when it comes to last will and testaments. They can provide important insight into potential pitfalls and conflicts in different state laws. This is why it is recommended that you speak to an experienced trust and estateĪttorney if you are planning to relocate to a different state. However, it is important to understand that the requirements for a will to be deemed valid and the rules surrounding the interpretation of a will are governed by state law and differ from state to state. Requirements established under state law, it should be regarded as a valid and executable will in a different state. When a will is properly executed in accordance with the If you are interested in moving to a new state, take a moment to review the provisions of your will and the laws of the state you are looking to relocate to in order to identify potential pitfalls and problems.Ī common question asked by individuals with a last will and testament is whether or not their will is respected across state lines and can be transported to a different state if they relocate.
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