Legal Question in Wills and Trusts in Georgia

if my will was created in one state but then i moved to another state

does the will have to be remade in the new state?


Asked on 9/06/12, 5:05 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

In many cases the will may be valid in the new state (but not always, depending on what it says and how it was executed). However, it likely is NOT optimal in the new state as it may not fully take advantage of the new state's laws. For example, a Louisiana will probably does not contain the statuatory powers for a Georgia executor. In this situation, a person should promptly show the will to a lawyer in the new state.

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Answered on 9/06/12, 5:33 am

It depends on a whole lot of information you do not provide and no attorney here has seen the will. Where was the will made? When? Was it drafted by an attorney? Was it properly executed - meaning signed by the testator (person making the will), witnessed by at least 2 people who are not beneficiaries under the will and preferably notarized? Where did you move to?

I agree with Attorney Ashman. Whenever one experiences a life-changing event like a birth, marriage, death, transfer of property, divorce, adoption OR relocation to a new state, it provides a perfect opportunity for reviewing the old will. Usually relocations are acccompanied by changes in property and if your old will referred to property that you no longer own, its time to get a new will. At the very least, have the old will reviewed to make sure it complies with the new state's laws.

Attorney Ashman raises a good point - Lousiana is a former French/Spanish colony. They have a different legal system than the rest of the other states. Not to single Louisiana out, but you also have to remember that there are certain "community property" states besides Louisiana. When you move from one of these states to an "equitable distribution" state it can also affect things. So that is why the will should be reviewed by an attorney in the new state. Wills by themselves are not all that expensive. Don't let your legacy be an expensive lawsuit which could have been avoided by paying for a new will done by a competent attorney.

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Answered on 9/06/12, 9:24 am


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