Legal Question in Wills and Trusts in Alabama

A relative of mine who is retired from the military has recently moved to

Alabama. He and his wife have wills, power of attorneys, and health care power of attorneys all prepared in South Carolina at a military base. The power of attorneys all have a preamble attached that states they should be given the same legal effect as one prepared in accordance with the laws where presented, but the wills do not. There is language in the first paragraph of each will that states that one is retired from military service and the other is a spouse of someone retired from military service. Are the wills and power of attorneys valid in Alabama?

Thanks,

Adrienne


Asked on 6/07/10, 10:51 am

1 Answer from Attorneys
Dean Stein Harville-Stein Law Offices, LLC

There is a particular format for an Alabama Health Care Directive that is specified by the Code of Alabama. Whether any given health care provider would accept the South Carolina Directive would be up to them. Generally, same as to the Powers of Attorney. The Wills would be valid in Alabama, as long as the Wills met the criteria for being valid in South Carolina. However, South Carolina law may apply in the probate of those wills in Alabama, which may be more or less favorable and could in any case complicate the probate process. If they plan to stay in Alabama, they may want to do Wills here, particularly if it is time to update them anyway or reconsider the plan for dispostion of their property. Have them give us a call if we can help. (205) 991-5600.

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Answered on 6/07/10, 2:31 pm


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