Legal Question in Wills and Trusts in California

Do we need to have a new will prepared if we moved from one state to another? All our children are grown and live in other states.


Asked on 10/01/11, 11:50 am

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Unfortunately, I can not answer your question without knowing more information. States do differ as to what is required in a Will for it to be valid, but in general for the distribution of real property [land, houses] the law of the state in which the property is located normally controls. For personal property [clothing, rings], it is the state in which the deceased resided at the time of death [so if your home is in California, you travel to your summer home in Utah, then California law would apply]. Where your children live is irrelevant. But it normally saves money, sometimes a lot, and some family fighting if you also have a trust set up. It is well worth the money to go to a competent trust and estates attorney to find out what are your alternatives; beforehand, look at some Nolo Press books to get an understanding of what questions you should be concerned about.

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Answered on 10/01/11, 5:46 pm

There is no law invalidating a will prepared in another state, but as Mr. Shers says, the laws of wills, trusts and estates vary greatly from state to state, and the state of residence when you die governs your estate. So it is a VERY good idea to have your estate planning reviewed and modified if necessary, when you change move to another state.

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Answered on 10/03/11, 10:34 am


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