Legal Question in Wills and Trusts in Arizona
wills,etc.
After moving from out of state do we have to have another will, etc. drawn up even though we want to keep everything the same except of course the address & state?
2 Answers from Attorneys
Re: wills,etc.
Generally, each state will recoginze wills made in other states. However, the best practice is to have a local attorney review your will and confirm that it complies with Arizona law.
Also, Arizona is a "community property state." If your will was drafted in a "separate property state" then there may be some changes necessary.
And, finally, your living will and health care power of attorney should probably be redone to conform with practices generally used in Arizona.
Re: wills,etc.
A will validly executed in another state is recognized in all states, regardless of the passage of time or change of residence.
Many people from separate property states do not take advantage of the tremendous tax savings a married couple can achieve with converting to community property. If you want to know more details, call me for a free, no obligation consultation. 480.835.1500.
You do not mention a Personal Medical Directive, Health Care Power of Attorney, Durable Power of Attorney, Trust, Beneficiary Deed etc. If you are lacking some of these, you might be asking for increased hassle, cost and problems down the road. Again, we offer free, no obligation consultations for more information and have a free audio CD, "Your Estate Plan." And remember, a will does not avoid probate. It states who gets the property in probate. If you want to avoid probate or guardianships, speak with an estate attorney. You are welcome to speak with us as well.
Best regards,
James D. Jenkins
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