Legal Question in Wills and Trusts in California

After completing California Wills my spouse passed away. I am now considering moving to Florida. My CA attorney wants me to sign a retainer (very expensive). Could I just have a new will prepared in Florida. My beneficiary is a CA resident, if that is a consideration? thanks


Asked on 4/24/16, 2:26 pm

1 Answer from Attorneys

The laws governing the estates of deceased persons are applied based on the state of residence when they die. The exception to that rule is real property (and possibly a few arcane situations that won't apply to most people). If you are a resident of Florida when you die, the laws of Florida will govern the handling of your estate, unless you own real estate in CA when you die. In that case you will have to probate the real estate in CA in a CA probate case. The rest of your estate would be handled in FL. (This assumes you don't own real property in some third state). Where your heirs live is of little relevance. So the bottom line is that you want a FL compliant will. The CA probate for real property only (if any) would defer to the FL court on pretty much everything. CA just wants it's hand in the transfer of the property from your estate to your heirs. You have to have a CA probate order recorded in the CA property records for the transfer to be valid. There is very little relevance to the CA proceeding other than that.

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Answered on 4/24/16, 10:22 pm


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