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2006-09-30 03:15:28 · 7 answers · asked by padmaja_deshpande 1 in Politics & Government Law & Ethics

7 answers

"Do we have to have will made in each state separate?"

The quick answer to your question is "No."

You can only have one valid Last Will and Testament at a time. And, generally, that will is made in the state in which you are domiciled-- that is, the place of your permanent residence that you intend to return to when you aren't traveling or living elsewhere. That is also usually the place where the bulk of your estate's assets will be found and often the place where beneficiaries and other inheritors would expect to look for your estate upon your death.

You can, of course, make as many copies of your will as you like. Generally, your original will is kept by your attorney or placed in your safe deposit box or sometimes filed with a document repository. And certified copies should be provided to parties of interest-- such as your named Administrator and major beneficiaries-- so that there is no confusion over a lost will and so that nobody is inclined to attempt a fraud after your death.

2006-09-30 04:12:49 · answer #1 · answered by ParaNYC 4 · 0 0

I assume you are asking about the USA. A will formally valid in the place of domicile or where made (but all the states have the same rules except Louisiana anyway; Puerto Rico may have some peculiarities) is valid in a new state of residence also.

But there could be a conflict of laws on substance, so if you move you really ought to have a will looked at by a local lawyer. Also the rules on attestation clauses and proving a will can cause problems in a new state, especially if it is hard to locate the witnesses.

In New York State, only if the witnesses' attestation is notarized is further attestation unnecessary for probate. In California notarlization is unnecessary. And so on.

2006-09-30 03:40:10 · answer #2 · answered by Anonymous · 2 0

It depends...
You should have only ONE will - not a bunch of them scattered around the Country. Rip up and throw away the old one when you make a new one.
Have one prepared, signed and filed with the Surrogate in the County of PERMANENT residence. i.e. If you LIVE in Buffalo, and maintain a home here BUT also have a condo in Florida and are there half the time stick to the one in Buffalo.
Once you make the big move to sell your home here and make Florida your permanent residence - have one prepared by a FLORIDA attorney, signed and filed in your County of residence.
Permanent residence comes from a lot of things - most importantly - where do you pay your taxes from? If you're smart - make Florida your permanent residence as they have no State income tax. Make sure to VOTE in Florida, change your driver's license, your license plates (tags). All these things are especially important if you keep your home up here. Buffalo would then become your "vacation home." New York will always make you pay income tax even if you're not living here AT ALL unless you change your permanent residence. Even then they'll make you pay income tax on that which you earn in NY. They'll get you anyway they can.
I'm not a tax lawyer or an accountant. If you have enough property to be concerned about these things - consult with both these professionals as to how to best do it.
Good luck!

2006-09-30 03:42:51 · answer #3 · answered by 34th B.G. - USAAF 7 · 0 0

No, testamentary laws are federal (national) legislation so the one you had made up in your home state will survive any move.
You should review your will every 10 years or so just to keep current with changing laws.

2006-09-30 03:26:32 · answer #4 · answered by Jack 6 · 0 1

No, just file in your state of residence.

2006-09-30 03:24:11 · answer #5 · answered by ? 4 · 0 0

546

2006-09-30 03:16:24 · answer #6 · answered by Anonymous · 0 2

One is enough

2006-10-01 22:37:48 · answer #7 · answered by Anonymous · 0 0

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