Legal Question in Wills and Trusts in Georgia

Have a question: is an out of state Will valid? Parents live in Geogia for past 15 years and they have a joint will from state of Maryland prepared in 1989. Will is a formal document that was witnessed and notarized at that time. Is that Will valid under Georgia law, even though prepared in Maryland back in 1989?


Asked on 10/27/09, 5:19 pm

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Without reading the will itself there is no way to answer if the will is even valid.

However, although most out of state wills might be valid in Georgia, it would be extremely foolish (and likely expensive for the heirs) not to redo the wills for several reasons.

Number one: No one should EVER do a joint will. Those vastly increase probate expenses and can be very problematic.

Number two: A Maryland will won't contain the Georgia powers that can be given to simplify probate and reduce costs. That alone can significantly increase the cost and complexity of probate.

Number three: If they are needed, locating out of state witnesses from 20 years ago could be impossible or expensive (or at east again add costs to the probate).

Number four: A lot likely has changed in the past 20 years. The will may not be optimal to do what they want or should do now.

Number five: The cost of a Georgia will is very inexpensive. My office generally would charge about $350 for both. (Feel free to have them call me. They may first want to complete our free worksheet at www.glenashman.com ).

Number six: It is also possible, depending on the language and other reasons, that the will might not be valid at all. That can't be answered without reading it.

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Answered on 11/01/09, 5:57 pm


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