Legal Question in Wills and Trusts in New York

my will was drawn up in Florida but since then my husband and I have moved back to NY do I need to have them updated?

We are senior citizens (80 & 83 years old) so there are no custody issues.


Asked on 6/09/11, 10:57 am

3 Answers from Attorneys
Norman Nadel Norman Nadel, Esq.

If the will was valid in Florida then it will be recognized as a valid Will in New York. If you are happy with the provisions in the will, there is no reason to prepare a new one.

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Answered on 6/09/11, 11:23 am
Walter LeVine Walter D. LeVine, Esq.

While I generally agree with Norman, I have heard of a few instances where NY did not allow a self-proving Will to be probated, as the language used in the original state did not comply with NY's language. To be safe, either redo the Will in NY or republish it by a NY codicil that uses the proper NY self-proving notarization language. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 6/09/11, 2:18 pm
Carol Ryder Law Office of Carol Ryder PC

I agree with Mr. Levine. You can save money by using the Fla will as a model for your NY attorney. Also, NY has a newish power of attorney law that might affect you.

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Answered on 6/09/11, 2:27 pm


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