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Last will & testiment query: My Father has a will, executed when he lived in Florida, stating he is a Florida resident. He no longer is a resident o

Asked on Apr 26th, 2016 on Wills and Probate - Georgia
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1 ANSWER

Wills Attorney serving Alpharetta, GA
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I can't actually tell what your question was, because it was cut off. However, if your father's Will was validly executed under Florida law at the time he signed it, and he was legally a Florida resident, the Will should still be valid even though he moved to Georgia at a later date. That being said, because there are differences between Georgia and Florida law, if your father is willing and able to do so, it would be a good idea for him to consult a good Georgia estate planning attorney in order to see what changes, if any, he may need or want to make. Changes can help make the probate and estate administration processes work more smoothly under Georgia law. They may also be needed if his situation or his wishes have changed since the existing documents were done. In addition, he should also consider getting a Georgia Power of Attorney and Advance Directive for Health Care in place, instead of continuing to rely on any older Florida documents. These documents, while again still valid after a move, tend to get stale, which makes it more likely that they won't be respected. They also can work more smoothly if they are drafted to reflect the laws of the new state; again due to differences in state laws. So, my suggestion would be for your father to get an estate planning consultation as soon as he's ready to do so.
Answered on May 12th, 2016 at 7:40 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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