Are Wills or Trusts state-specific?

Question

If my wife and I have a will and trust set up in in our state and we move to another state, is the will or trust legally recognized in the other state? Or is a will recognized no matter what state you are in? If we move do we need to get a new will/trust set up in that state?

Answer 1

Yes for the most part. Their are some vague diffs that are state specific for ex the benefactor is no longer alive what happens. Some states fall to the next kin of benefactor some have the gift revert back to estate. It is a good practice to have you wills/trust/poa/hpoa/living will reviewed about every 5 years to take advantage of the changes in law.

Answer 2

In general yes they will honor the will as long as it is not against the law of thier state. But some states require more witnesses than other states do, some to be notorized.
Very few honor hand written wills that are not witnessed any longer.

So if you move you need to have an attorney review your trusts and wills shortly after moving.

Answer 3

Yes. Each state has its own laws and procedures that must be followed.

Most of the states follow the same general principles, and there are some uniform laws that almost all states have adopted.

But the bottom line is that each state sets its own rules, and to avoid nasty surprises down the line, it's a good idea to consult with an attorney licensed in the state you care about verifying.

Answer 4

moving does not destroy the validity of the document-at all. the problem is that since it is a state specific document, it will have to be enforced by the state in which it was formed. at the very least, any person who contests provisions of the Will or Trust, will have to do it in the state that the document was formed since the applicable laws will be of that state. if no one contests the Will or Trust, you really do not have a problem.

good luck! (well...not with executing your Will, b/c that would me that you are...well :-/ BUT U KNOW WHAT I MEAN :)

if you want to be safe, go ahead and take it to a probate lawyer for review (in the new state). it may be as simple as drafting an addendum that the law of your prior state, or new state (which ever you prefer), will govern. my assumption is that minor changes, if any, will need to be made to the document if you would like to have it executed in your new state.

Answer 5

Generally (there are always exceptions) these are valid as long as they were valid in the state in which they were executed.

You may run into problems if you move from a common law state to a community property state or vice versa.

Check with an attorney.

Answer 6

It will be recognized in the new state, however it makes it easier to contest. You will really need to check with an attorney in the new state.