Legal Question in Wills and Trusts in New Jersey
Is a Will and Trust drawn up and executed in Florida valid in New Jersey?
2 Answers from Attorneys
Should be, although the FL witnessing and self-proving language for a Will, being different from that used in NJ might make the probate of the Will somewhat difficult. The trust should be good regardless of the language used by the Notary. I would suggest doing a Codicil to the Will wherein the original Will is republished in its entirety by reference to it, and have the NJ self-proving language in the Codicial. This would be a lot less expensive than redoing the document.
Almost always a Will from somewhere else is going to be valid in New Jersey. The bigger question might be whether you would benefit from some tax advise as the estate and inheritance tax laws are very different compared to Florida.
Kevin A. Pollock, J.D., LL.M.
www.PollockAtLaw.com
P: (609) 818-1555
Licensed to practice law in Florida, New Jersey, New York and Pennsylvania.
Also, visit my blogs at:
http://WillsTrustsEstates.blogspot.com/
http://BaseballLaw.blogspot.com/
--------------------------------------------------------------------------
The foregoing is offered for informational purposes only and is not legal advice nor does it create an attorney-client relationship. To indicate that you have read the answer it would be appreciated if you would check either the thumbs up or thumbs down box below. Circular 230 Disclosure: Any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.