Legal Question in Wills and Trusts in Virginia
Will
My mother had a will drawn up when living in PA. Since then she has moved to VA. No real estate is involved and she does not feel the need to make updates. Is there a need for her to have a new or revised will based on laws that may be different in VA vs. PA?
2 Answers from Attorneys
Re: Will
No, there is not.
Re: Will
Your mother's will is equally VALID in Virginia. If the will was validly created and executed in the State where she lived at that time (But warning -- possibly NOT if she did not live in that State when the will was executed) -- then Virginia will recognize it as valid based upon PA's laws, rather than VA's. In fact, all States I think do that.
So you should have no problem with the validity of the will, even if the technical requirements for the will are different in PA.
However, the RESULTS under her will could be different under Virginia law as opposed to PA law.
When APPLYING her will, it will be done according to VA law, if she lives in VA when she dies.
Frankly, most people's wills are fairly simple -- NOT simple to them, perhaps, and certainly important, but quite typical and exactly what the law expects and is very familiar with. Most wills will have the same result under almost any State's law.
However, you could have someone look at it.
Things to watch out for would be if there are any adopted children in the picture (now or in the future), issues about any guardianship, any efforts to restrict the use of money by a child until a certain age (such as if you died in an accident before your mother did and the money would be going to teenagers, your children).
The typical stuff, leaving what is left to the obvious heirs is going to be handled the same way under almost any State's laws.
There are procedures in many States for distributing specific items to specific people, for example I want the silverware to go to Martha, the car to Johnny, the sofa to my neighbor Joan, the photographs to my granddaughter Sarah to care for for the whole family, etc.
The process for doing that might be different from PA to VA. But in all States, that is an OPTIONAL procedure that most people never take advantage of. So it is probably not an issue.