Legal Question in Wills and Trusts in Pennsylvania

Domecile

A family member recently moved from Pensylvania to New Jersey and passed away a few weeks later. The person had originally moved from New York to a Pensylvania nursing home about 5 years ago to be close to a family member and moved to a New Jersey nursing home because the family member had move to New Jersey to accept new employment. At the time the decision to move was made the person was in poor health, but believed to be recovering.

Where should the will be probabed? Are there any special actions that should be taken to prevent/resolve Pensylvania/New Jersey tax/juristiction conflicts? I note on a brokers affadavit the executor swears the decedent was in the state for one year. What must be done about this since it isn't true?


Asked on 12/10/00, 8:46 am

1 Answer from Attorneys
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Domecile

The Domicile issue is open to question and may depend on whether the person had the mental capacity to change his or her domicile. From what you say it appears they did. The fact that he or she did not live in NJ more than 12 months does not matter. If he/she intended to remain indefinately in NJ and did not intend to return to some other state, NJ will be the state of domicile.

From a tax and probate perspective, NJ is prefferable to either PA or NY, so probate should be in the county where the nursing home is located.

If you have any other questions or need assistance, please feel free to call.

Jon Chester

908-273-1212

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Answered on 12/11/00, 3:22 pm


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