Legal Question in Wills and Trusts in Ohio
Moving to another state
My father has a will in place from 2002 when he lived in Ohio. He recently sold his home there and permanently moved to Arizona. Does the will that was generated in Ohio get nullified when he moves out of state? should he do another will in Arizona? I know the lawyer in Ohio that drafted it could not make changes once he moved to Arizona. The big question is if the Ohio will still stays in force. Thanks
3 Answers from Attorneys
Re: Moving to another state
The will stays, but there should be some minor changes made
Re: Moving to another state
I respectfully disagree with Mr. Zimmerman, but agree with Mr. Scher. No minor changes would be needed unless your father wants to change the estate plan, ie who gets or does what in the will.
The more important issue is not mentioned in your question. Does your father have a current financial power of attorney that meets the requirments of Arizona law so that if he has an accient or illness someone can manage his affairs for him? Does he have a proper Personal Medical Directive? Health Care Power of Attorney? Beneficiary deed on an Arizona home? Would he be better served by a trust than a will alone?
We offer free, no obligation consultations to examine his documents and make sure all his needs are met. You may call 480.835.1500 if needed. Best regards.
Re: Moving to another state
The Ohio Will is enforceable in Arizona, so long as it was validly made and executed in Ohio. Ohio law would be applied by the AZ Courts. A will remains valid until it is revoked or superceded by a more recent will.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
