Legal Question in Wills and Trusts in Arizona
Use which state's laws for writing will?
I have a will that I wrote without a lawyer in NJ, witnessed and notarized. Since, I've divorced. Still want ex to be a beneficiary but not some others that were named. Before divorce I moved to AZ, might move to NV. I own no real estate, staying mobile for now. 1)Which state's probate rules take precedence if the old NJ will is still the only one when I pass? 2)Is ex still a beneficiary even tho NJ will says we're married, not divorced? 3)If I create a will in AZ do I need to make a new one if I move again? 4)Does executor have to reside in state where will was made? 5)Does will need to be filed with state or feds or can I just give a copy to the executor?
Thanks for your help.
1 Answer from Attorneys
Re: Use which state's laws for writing will?
1) Probate is in the state of residency upon death.
2) Probably not. Make a new will.
3) No, if it is a valid legal AZ will.
4) No.
5) No. Original needs to be available to personal representative after your death, not just a copy.
Can't judge validity of do-it-yourself will, since can't review in person. Wills are cheap; get a lawyer. Good luck.