QUESTION

We have a simple will that was done in N.Y.S., do we need to redo now that we're Florida residents?

Asked on Apr 10th, 2017 on Wills and Probate - Florida
More details to this question:
Who ever passes first the estate passes to the spouse, when the spouse deceases it passes equally to the children and the grandchildren if the son or daughter passes first.
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1 ANSWER

Real Estate Attorney serving Gainesville, FL
2 Awards
Generally, an out of state will is valid in Florida provided it met all the execution requirements for a valid will in N.Y.S. So if it was valid in N.Y.S., it will be valid in Florida, with two exceptions. Pursuant to Section 732.502(2) of the Florida Statutes, a holographic will (one that is handwritten without witnesses) and a nuncupative will (a verbal/oral will) are not recognized in Florida and are considered invalid wills. At the same time, "[a] will in the testator’s handwriting that has been executed [with all the requisite formalities is] not ... considered a holographic will." However, even if your N.Y.S. will would be recognized in Florida, it would still be best to have a Florida estate planning attorney review that will and determine if a new will should still be prepared in light of the Florida's specific inheritance laws regarding the spouse's elective share and the descent of the homestead, among others. Good luck.
Answered on Apr 10th, 2017 at 8:08 PM

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