Legal Question in Wills and Trusts in Illinois

Is a will made in Illinois valid in Georgia?

My most recent will and power of attorney was made while I was living in Illinois. I now live in Georgia. Should I have another will and power of attorney made in Georgia?


Asked on 4/15/04, 3:55 pm

4 Answers from Attorneys

Rhett Laurens The Laurens Firm, LLC

Re: Is a will made in Illinois valid in Georgia?

I agree with the prior responses, but I would add one other thing to consider: Illinois recognizes something called a Tenancy by the Entirety, while Georgia does not. This may matter to you only if you own real estate with a spouse. If so, you may want to consider revising the portion of your will that deals with a house or land you may own.

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Answered on 4/16/04, 9:33 am
Thomas Moens Moens Law Offices, Chartered

Re: Is a will made in Illinois valid in Georgia?

It is valid, however, you might want to have it reviewed by a GA attorney, since there may be things peculiar to GA law which might not be addressed in your IL documents.

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Answered on 4/15/04, 3:59 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: Is a will made in Illinois valid in Georgia?

Most likely, your will and power of attorney are valid. However, you should have them reviewed by a GA attorney. You might want to consider, depending on your circumstances, also getting a Living Will and/or a Durable Healthcare Power of Attorney. If you would like to discuss all of this, please feel free to give me a call.

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Answered on 4/15/04, 6:17 pm
Lynwood Jordan Lynwwod Jordan, Attorney at Law

Re: Is a will made in Illinois valid in Georgia?

Your will is probably valid.

You need to republish it to incorporate some Georgia statutory provisions.

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Answered on 4/15/04, 7:46 pm


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