Legal Question in Wills and Trusts in Florida
I have a NJ will with two witnesses from NJ. Will my will be good in Florida. I had my will done 2 years ago. What is notarized attestation of wittnesses in Florida) What do ihave to do with my wills from NJ because of this clause?
3 Answers from Attorneys
The legal validity of your described will requires that it be executed in accordance with law of NJ; however, if the will execution was not attested to in the presence of two witnesses and a notary, the validation of the will in Florida probate may require that such execution of the will be confirmed by appropriate validation in NJ. Under Florida law, the attestation provision or other proof of proper execution is a requirement for probate court proceedings. Otherwise, the NJ will is valid so long as it conforms with other legal requirements of a last will.
It may be, but it would be best for a Florida Attorney to examine it personally.
If you are planning on maintaining your residence in Florida, I suggest you have a new will prepared according to Florida law. YOu might want to get your directives in place as well. Your NJ Last Will and Testament with be treated as ancilliary meaning out of state and not help in your status as a resident here. In other words it will have to be probated in New Jersey and any property here will not be considered homestead for the state of New Jersey. It will be taxed according to their state.
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