Can an Attorney of one state legally draw up the WILL of a person living in another state?

Asked about 5 years ago - New York, NY

Example: A N.Y. Attorney drawing up a Will for a person living in Conn.

Attorney answers (3)

  1. Edward Joseph Smeltzer II

    Contributor Level 14

    Answered . Under your facts the attorney would be within his rights is either: 1) he was also licensed in CT; or 2) the individual signed his Will in NY thereby making NY law the controlling law on the execution of the Will. If the attorney is not licenses in CT and the will was signed in CT the attorney may be subject to charges of practicing law without a license in CT. Please note, however that such charges would not in any way effect the validity of the Will which will be juedged solely on the Wills compliance with relevant statutes.

    Very truly yours,

    Ed Smeltzer

    NOTE: This answer was prepared for educational purposes only. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question.

  2. Cari Brett Rincker

    Contributor Level 4

    Answered . I agree with the above answers although I would add that an attorney in NY who is not licensed in CT could draft a Will under the supervision of a CT licensed attorney. For example, I am licensed in CT so I could review work done by a NY licensed attorney to ensure it complies with CT law.

  3. Henry Daniel Lively

    Contributor Level 20

    Answered . This should not be done unless the attorney is licensed in both states.

    This response does not constitute legal, accounting or other professional advice. Only through a personal, confidential consultation with qualified legal counsel can anyone properly evaluate their own legal planning challenges and determine what, if any, appropriate legal strategies and tactics should be implemented to meet those challenges.

    Circular 230 Disclaimer - “Nothing in this response is intended or written to be used, and cannot be used by any person for the purpose of avoiding tax penalties regarding any transactions or matters addressed herein. You should always seek advice from independent tax advisors regarding the same.”

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,623 answers this week

3,053 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,623 answers this week

3,053 attorneys answering