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Will - does it matter where it is prepared

Posted on 3/31/14 at 8:18 am
Posted by lsubandmom
Houston/Lafayette
Member since Oct 2007
902 posts
Posted on 3/31/14 at 8:18 am
Does it matter what state you live in, own property in, vs where you have it prepared. I had one when married but need to have a new one and I'm in the process of moving.
Posted by rmc
Truth or Consequences
Member since Sep 2004
26512 posts
Posted on 3/31/14 at 8:30 am to
Most (maybe all) states have reciprocal acceptance of wills with all other states. However, I would always have one done in the state I was going to live in just to make sure. There may be laws unique to each state that would not be considered in another state. Louisiana's forced heirship laws come to mind.

You can control property in another state with a will from another state, but the above still applies so it may entail talking to lawyers in each state and having them coordinate or a lawyer licensed in both states.
Posted by lsubandmom
Houston/Lafayette
Member since Oct 2007
902 posts
Posted on 3/31/14 at 8:47 am to
Thanks - currently live in Louisiana but in the process of relocating to Texas and will probably end up back in Florida in 4 or 5 years. Own property in Louisiana and Florida. Kids are both adults and will be the majority beneficiary. I was planning on having someone in Louisiana prepare it. Sounds like this will be ok.
Posted by barry
Location, Location, Location
Member since Aug 2006
50346 posts
Posted on 3/31/14 at 11:55 am to
I would imagine that it would be fine.

You can write a note that says I leave all my stuff to XXXXX and sign it and it would hold up.
Posted by SDwhodat
Member since Apr 2007
2547 posts
Posted on 3/31/14 at 2:02 pm to
Usually have the will prepared in the state you are a resident. If you die and have property in another state, the will should be accepted in the other state. You will likely just have to do an ancillary probate in the other state to deal with the property there.
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