Legal Question in Wills and Trusts in Florida

Will with property in two states

My wife and I have a will , drawn up in New York, leaving everything to each other, and then to ouir children. This

will was drawn before we purchased our home in Florida, where we now reside. Do we need another will, or will this one suffice ?


Asked on 4/02/07, 5:01 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Will with property in two states

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

A will written in another state may or may not be valid in Florida depending on how it was written. I suggest that you visit with a Florida attorney who can review your will and let you know if it meets the requirements of a self-proving will in Florida which is very specific. If not, I would have it redrawn to avoid problems in trying to locate witnesses upon one of the parties death.

Scott R. Jay, Esq.

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Answered on 4/03/07, 12:56 am


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