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I am a resident of PA and one of my beneficiaries (son) resides in CA. He is in the throes of a divorce. My accountant recommended there be a sentence in the will stipulating it be probated in Pennsylvania. What would this look like? thank you
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Your will is offered for probate in the state where you were last domiciled. You cannot dictate the state of probate by putting a provision to that affect in your will. The location of your beneficiaries has no bearing at all on where your will is offered for probate. I don't know what the laws of California are concerning the definition of marital assets for purposes of equitable distribution in a divorce. If CA is like PA, assets acquired after separation are not considered marital assets. In that event, if your son were to inherit from you, it should not have a direct impact on his divorce.
Answered on Mar 06th, 2017 at 6:46 AM