Legal Question in Wills and Trusts in Arizona
Determing applicable state for will
I am an American citizen living outside the USA (Mongolia). I would like to update my will and ensure it is enforceable. I do not own property or have any connection to any state in the USA. I am divorced, not remarried, no children. I use a mailing address in Arizona. My last residence and state I use for Fed taxes was Washington (state). Which state should I use for my will document? Is there a document I can use which is ''state neutral''?
2 Answers from Attorneys
Re: Determing applicable state for will
Your will is valid in all states if validly executed at the time according to the law where you execute it. Signing at the embassy is recommended if you do not want to get into Mongolian law questions.
I suggest a trust probably, not just a will. The trust would be recognized in all states and it doesn't matter which state you select as residence. However, more information is needed about your estate, your heirs, property you have, etc. I suggest you post on our free blog: estatehelp.blogspot.com for more detailed help.
Good luck.
James D. Jenkins
Re: Determing applicable state for will
You should go to the nearest American Embassy, which is considered to be US property in order to find some answers to your questions. I believe that you could make and execute a Will at the Embassy which would be valid in any state in the US. The state where you vote, maintain your assets, maintain bank accounts, the address you use in the US, are all indicators of where your domicile is for legal purposes. AZ has the best system for no probate (passing assets by affidavit if less than $50,000), informal probate, and probate with the least amount of cost. So, AZ is a good state to select if appropriate.
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