QUESTION

is our will valid from texas to a move to georgia

Asked on Oct 13th, 2014 on Wills and Probate - Georgia
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1 ANSWER

Wills Attorney serving Alpharetta, GA
4 Awards
Assuming that the Wills were validly done under Texas law and that your principal residence was in Texas at that time, and that nothing has happened since then which would revoke or negatively affect the Wills, then yes, your Texas Wills will probably still work under Georgia law. I have personally been involved in successfully probating a Texas Will for a person who had moved to Georgia. However, the laws in Georgia are very different, in many ways, from the laws in Texas (no community property in Georgia, for example), and it would be a very good idea for you to have new, Georgia Wills prepared if you intend to reside here indefinitely. The differences between the two states usually make additional steps necessary in order for the probate and estate administration process to work as smoothly as possible. In addition, if your Wills are more than a few years old, they may well need to be updated for other reasons. Finally, you should also have Powers of Attorney and Advance Directives for Health Care, and Texas versions of those documents, even if you have them, likely will NOT work as well in Georgia as the Will would. If you really want to know whether your Wills will suffice for a while longer, the best thing to do would be to find a Georgia estate planning attorney and have the attorney give you an estate planning consultation. The consultation should include a review of the existing estate planning documents you have and an analysis of your current family and financial situation, along with your overall estate distribution desires. If you need updated documents, the attorney can then give you an idea of what is needed and how much it should cost.
Answered on Oct 15th, 2014 at 5:16 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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