Legal Question in Wills and Trusts in New York
Executor living in another state
In 1994, my brother drew up a will in new york state, making me his executor. I lived in new york state at the time, but i moved to florida in 1997.
Is there a problem here ? Do i have to make a change or codicil to the will ?
3 Answers from Attorneys
Re: Executor living in another state
No problem. No new Will is requuired.
Re: Executor living in another state
There should be no problem if the Will was properly executed to comply with both State's laws on probate (this may depend upon how many witnesses and if notarized to be a self-proving Will). Best is to have a Codicil, properly executed to conform to the law of the State where it will be probated, and incorporate the original Will be reference (you can merely say that the original Will dated XXXX is incorporated by reference and then add that the only change is the change of residence of the Executor to his current place of residence). Brothers may usually be Executors in all States.
Re: Executor living in another state
There is no problem beyond the physical inconvenience to you because of the new distance.
It is best, although not necessary, to indicate your updated address in the will. This can be done by an 'amendment' to the will (the legal term is 'codicil'). The amendment must be verified in the same way as the will was - witnesses, etc.
Feel free to contact me with any other questions.
Andrew
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