Legal Question in Wills and Trusts in Arizona

Re: State of Illinois Will

Im a GA attorney, so I cannot give you a definite answer to the Q. However, generally, wills properly executed in one state are valid in another state. The only issue (which has mostly been eliminated by state legislatures working together to solve this little problem) is when one state requires 3 witnesses to a will and another state only requires 2. If a will executed before 2 witnesses is offered for probate in a 3 witness state, it will fail the proper execution requirement of the state in which the decedent died. However, my understanding is that there are almost no 3 witness states left (PA was one of the last). Search the law and or the internet and determine whether Illinois and AZ are both 2 witness states. If so, the will should be good. There is antoher wrinkle, holographic wills (wills in the handwritting of the testator, but not witnesses) are refused recognition in the vast majority of states. If the will you refer to is holographic, it is prob. not valid. However, if you have a valid Ill. will that is witnessed by 2 witnesses and the executor named may also serve in AZ (check residency requirements), then the will is probably valid.

Re: State of Illinois Will

Is not true, but you should visit with a qualified estate planning attorney to determine if other changes may be appropriate.