Legal Question in Wills and Trusts in North Carolina

It depends. Since you last did your will in 2002, it is probably time to have your will examined anyway as circumstances have changed.

Generally, if the will was valid in New York it will be deemed valid here in NC. All that is required is that the will be witnessed by 2 people who are not beneficiaries under the will. To be self-proving (meaning that the witnesses do not have to testify or fill out a form that you signed the will) the will has to be notarized. I cannot speak to the law of other states, except Georgia and PA where I am also admitted. I would say the will is probably ok in those jurisdictions as well if it was valid in New York, but I have to see the will and review the legal requirements.

If you are planning to soon move, then maybe you should wait until you arrive at your new state before you have your will re-done. If you will be here in NC for a year, then I will be happy to review your existing will. If it needs to be re-done, I can do that too as well as any related documents (advanced directives, health care powers of attorney or financial powers of attorney).

I live in the Cary area near you and will be happy to give you a free 30 minute consultation via email or phone. Any further work will be done for a reasonable fee.

Rachel Hunter

Attorney at Law

[email protected]

(678)-687-9693

Admitted in GA, PA & NC