QUESTION

Does a will become invalid if the residence changes states?

Asked on Mar 20th, 2012 on Estate Planning - Florida
More details to this question:
We have moved from Maryland to Florida and our daughter has gotten married and changed her name. Do we need to re-do the will to account for these changes?
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4 ANSWERS

Trusts and Estates Attorney serving Jacksonville, FL
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It will not become invalid because of a move, but you may want to see how Florida law will interpret what you have written in your Maryland will to make sure what you have specified will take place.
Answered on Mar 21st, 2012 at 10:57 AM

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Probate & Trust Attorney serving Fort Lauderdale, FL at Robert J. Slotkin
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No, the will is valid if it was properly executed in the State it originated from. However, you may want to consult an attorney anyway b/c some of your assumptions may be incorrect. For example, Florida has a unique homestead law. There may also be differences in exempt property, executor requirements, etc. Advance directives such as living wills, durable powers of attorney and health surrogates may also be different.
Answered on Mar 20th, 2012 at 6:18 PM

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Probate & Trust Attorney serving Coral Springs, FL at Richard J. Kaplan, P.A.
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While recommended, it may not be necessarily required. The question is whether a Maryland Will complies with Florida law once the Testator/Testatrix becomes a Florida resident. Florida basically requires 2 witnesses and that the Will is signed at the end in front of everyone who signs the Will. If it does, it can be valid. If not, it won't. The Will does not have to be changed just because your daughter changed her name. But if you update your Will, it should be updated as well.
Answered on Mar 20th, 2012 at 4:53 PM

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Family Law Attorney serving Orlando, FL
Partner at Aubrey Law PLLC
2 Awards
No. If a will is valid in the state wherein it is created, it should be valid in the state wherein it is sought to be used. However, an update is Always a good idea.
Answered on Mar 20th, 2012 at 4:30 PM

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