QUESTION

If a will&trust,power of attorney and living will was drawn up while I was living in Maryland, be valid in Georgia where I now reside?

Asked on Jan 28th, 2015 on Wills and Probate - Georgia
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1 ANSWER

Wills Attorney serving Alpharetta, GA
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If you had your principal residence in Maryland at the time the documents were actually executed by you, and they were valid under Maryland law at that time, then Georgia will generally allow them to have legal effect. That being said, differences between Georgia and Maryland law can mean that they will not work as well as they might be able to if they were Georgia-specific documents. An example is that, in many states, a Will does not waive the requirement that an Executor file inventories and reports with the probate court, because state law does not allow that waiver. In Georgia, you can waive those requirements in the Will, and doing so can make the administration easier and less costly. Also, Georgia creates a "year's support" right for a surviving spouse or surviving minor child, while many other states create a "forced" or "elective" share right for a surviving spouse. These rights tend to operate differently, and documents designed to work in a state where one type of right exists don't often deal well with the other type of right. The best idea if you plan to be in Georgia for an extended period and your principal residence is now based here would be for you to have a Georgia estate planning attorney review the existing documents and let you know how well they may work and whether any changes are recommended.
Answered on Feb 03rd, 2015 at 5:34 AM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

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