Legal Question in Wills and Trusts in Alabama

New Will

My father has property in both Illinois and Alabama. He owned property in Indiana and that is were his will was written. He has since sold the Indiana property and moved to the Alabama residence. Is it necessary to have his old will redrawn in Alabama?


Asked on 2/20/09, 1:40 pm

1 Answer from Attorneys

Jon Lewis Lewis, Feldman, & Lehane, LLC

Re: New Will

It may not be necessary, but it is recommended that you present the will for review by an Alabama attorney to determine if it is in compliance with AL statutes that pertain to estates. As an example, it is possible that what constitutes a self-proving will in Indiana might differ from the laws in AL. Not having a self-proving will, or having a will that is not clearly and concisely written so that there is no possibility of misunderstanding the terms of the will, can result in a long and difficult probate process.

Also, it might be difficult to locate the witnesses in Indiana, and if they are needed, it could be a problem.

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Answered on 2/20/09, 2:34 pm


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