Legal Question in Wills and Trusts in Arizona

Re: wills

The short answer is yes, your will is probably still valid. That said, it may not still be the best way to deal with your estate issues. For example, if you own property in Washington and Arizona, it may be necessary to open a probate in both states; this could be expensive, and time consuming. I would suggest taking your will to a professional to have it reviewed and determine whether or not it still fits your needs. If you have any additional questions, please contact me.

Jared Simmons

Simmons Law Offices

480-998-1500

Re: wills

Thank you for your inquiry.

Generally, a will is valid no matter where you move as long as it was valid in the state where it was executed. However, the laws differ between states, and there are certainly advantages to having a new will drawn in your home state (e.g. location of assets, proximity of personal representative, general update of wishes if it's been a while since the will was executed).

There are also many situations where it might be appropriate to execute a Living Trust to preserve and manage your assets. Some of these situations include: (1) if you want your heirs to avoid the time and expense of probate (assets held in trust do not pass through probate); (2) if you want your final wishes to be kept private (a will gets filed in court after your death; a trust does not); (3) if you own your home or other property, whether in just one state or in multiple states; (4) if some of your potential beneficiaries (children or grandchildren) are still minors; (5) if you have a sizeable estate and want to do tax planning; or (6) if you or your spouse own "separate property" that you want to pass to someone other than your spouse.

If you would like to discuss updating your will or creating a family trust, please contact me. I can be reached at (480) 792-9770 or [email protected].

Sincerely,

Monica Donaldson