Legal Question in Wills and Trusts in Florida
Can a Last Will and Testament be drawn up and signed in Ohio for a Florida Resident? Are Wills good no matter where they are drawn up?
3 Answers from Attorneys
In general terms, yes, a will which is properly drafted and executed in Ohio is valid in Florida. However, it is advised to review carefully such wills regarding Florida law to consider legal issues other than whether the will is merely valid in Florida.
Yes, if the Will in Ohio complies with Florida Statutes.
Wills are valid in Florida for residents if they comply with Florida Statutes. Will are valid in Florida for non-residents if they are valid in the state or country that the person is a resident of. Holographic Wills are not valid in Florida.
The above counsel are correct. However you should be aware of the different protections afforded by the state where you are permanently residing in and should you not either hold your assets correctly or fail to take advantage of the state law's protections if done by a non Florida lawyer,( ie.such as protections afforded to spouses, intestate heirs, holding property in Husband and Wife names by entirety etc) you will be sacrificing too much and the hidden cost to you would be surprising. Take a look at my website at www.dansasso.com and click on the Area of Practice for Wills, to see what the defects are that you could be overlooking or lose out on which the counsel above are referring to. Hope this helps.
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What constitutes a legal will in the state of fla. Asked 8/06/11, 8:41 am in United States Florida Probate, Trusts, Wills & Estates