Legal Question in Wills and Trusts in Florida
If someone has a will in another state and moves to Florida, has no assets in another state, dies in Florida. Does it make the will in the other state void?
3 Answers from Attorneys
No. His estate goes to probate in the county where he lived.
No, not because of that. Once the person becomes a resident of Florida, their out of state Will can still be valid if it complies with Florida law. Otherwise it would be invalid.
Simply put, Florida basically requires 2 witnesses, that they sign at the end with the Testator/Testatrix, in the presence of each other. Some states only require 1 witness or no witnesses, so their Will would not be valid in Florida. To know for sure, the Will should be examined by a qualified probate/estate planning attorney.
In the long run it may be beneficial to make a new Will in Florida to avoid potential problems such as this.
As long as the will is executed according to Florida law, it will be valid. However, if you plan to remain in Florida, I suggest you do a new will along with your directives. After all, do you plan on being on life support if you are brain dead?
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