Legal Question in Wills and Trusts in New Jersey

It depends on how "temporarily" the residence in Florida will be. Residence is determined by where a person registers to vote.

If the NJ resident plans to return to NJ, it would be easier to just have the will reviewed to make sure that it would be admitted to probate in Florida, should that become necessary. This would be a question of witnesses and proper execution, and Florida may have specific provisions that must be in the will or if they are not, Florida law would govern. Generally, if the official residence remains NJ, then will would be probated and the estate administered in NJ.

If a Florida will is prepared, it would replace the NJ will. There is no such thing as a temporary will. The older will is deemed to have been revoked when a new will is made.

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.

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