Legal Question in Wills and Trusts in New Jersey

If the person is considered a "resident" of FL under FL law, then everything regarding the will and administration of the estate would take place in FL. The fact that the will was actually written in NJ should not make a difference. HOWEVER, it should be reviewed by a FL lawyer to make sure that it meets the requirements for a will in FL, otherwise the estate may be treated as intestate, meaning as if there is no will, and assets will go according to FL intestate law.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

While I gtenerally agree with Miriam, my personal experience is different. Many states have provisions for probating a "self-proving" Will - one no attesting witnesses must appear at probate and confirm all legal necessities have been complied with. However, the language used in these documents differs from State to State and I have had difficulty with probating a NJ Will in FL, due to this language difference. One of two options should resolve this possible problem: You can do a new Will whose attestation laguage conforms to the FL requirements, or republish your NJ Will by FL Codicil which uses the proper language. Presuming FL allows this, the republication Codicil merely states that the original NJ Will is being republished by the Codicial and its language and provisions are being incorporated into the FL Codicil. All in all, I suggest doing a new Will in FL. This is a reply to an Internet question and the response is not intended to be legal advice or as creating an attorney-client relationship.