Legal Question in Wills and Trusts in Michigan

Is my Ohio will (written by a Idaho lawyer) legal in Michigan?

When living in Ohio, I had an Idaho lawyer (my former state of residence) draw up a will for me. I now live in Michigan. Is the will still valid/legal, or was it ever? Do I need a new one written in Michigan by a Michigan Bar attorney?


Asked on 3/18/02, 12:27 pm

2 Answers from Attorneys

Geoffrey Lahn Lahn, McDonagh, and Brown, PLLC

Re: Is my Ohio will (written by a Idaho lawyer) legal in Michigan?

I would recommend having a Michigan attorney review and revise your will. Our office handles a lot of Estate Planning and I would normally write a new will for a client if it has been a while since their last one was done. It seems to me that some time has passed since you had the will drawn up, this means that properties/residences have changed, items in your will may have changed, you may or may not have a wife and children and these issues are all effected by your being domiciled here in Michigan in terms of What is in your estate and who is a beneficiary. Further, if your estate has grown it might be time to think about creating a trust which avoids probate and may have some tax benefits.

If I can be of further assistance to you don't hesitate to contact me directly.

Kindest Regards,

J. Geoff Lahn (734) 944-2269

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Answered on 3/18/02, 2:33 pm
John C. Talpos Talpos & Arnold

Re: Is my Ohio will (written by a Idaho lawyer) legal in Michigan?

Hello, I have received a copy of your inquiry about your will. I cannot answer it directly because Michigan will recognize a will drawn in another state and signed in that state IF: 1) you were a resident of that state at the time of signing and 2) the will complied with the requirements of that state at that time. Since I don't know the requirements in Ohio I cannot tell you whether you need a new will based on change of residency alone. I can tell you that I always urge my clients to have their estate plan reviewed every 5 or 6 years. The facts change, your priorities change, and the laws change. Consultation with an attorney is always a good idea. Let me know if m office can be of assistance. John C. Talpos (http://www.Mich-Lawyer.com)

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Answered on 3/18/02, 3:19 pm


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