Legal Question in Wills and Trusts in Pennsylvania

Living Wills Prepared In One State Good in Another?

I am wondering if a Will, Living Will and Power of Attorney that was prepared in Alabama would apply the same in Pennsylvania?


Asked on 2/27/07, 1:40 pm

1 Answer from Attorneys

John Davidson Law Office of John A. Davidson

Re: Living Wills Prepared In One State Good in Another?

It might but since when you'll find out they don't you will be unable to do anything about it do you want to run the risk?

Each state has specific requirements for a will. In Pennsylvania the only part of the will that is valid is that portion above the testator's signature. Further, there's part of the will that states I, Joe Smith, of somewhere, Alabama declares this to be my last will . . . Well guess what that could be challenged as you are now Joe Smith of Lock Have, Clinton County Pennsylvania. Not a big deal but definitely a hassle for the executor. Also, if you owned property in Alabama but sold it and now own property in Pennsylvania that part of the will is out of date.

As to the "Living Will" in Pennsylvania the statutory language of what goes into the document has changed recently. Its readily available so its easy to create a new one.

As to the Power of Attorney again it may suffer from similar identifications issues.

All 3 documents may have problems with the fact that you're now over 1000 miles from where the documents were drafted. So what other life changes have occurred since these documents were drafted.

The good news is that because you have these documents already getting up to date versions that comply with Pennsylvania law should be a relatively minor matter.

If you have any questions please feel free to contact me, the initial consultation is free.

{John}

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Answered on 2/27/07, 2:08 pm


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