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Does my mom have to get a new will made in the state that she is living in.

my dad passed away 13 years ago. my mom had a will made up in new york. she has moved to florida and has been here for the past 8 years.

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Attorney answers (3)

Reputation Level 20
The will is still valid.

But, you should suggest she review the will every few years. Eight years without having the will reviewed by a professional to make sure it is in compliance with her last wishes and the laws is longer than the recommended time frame.

Good luck to you.

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Reputation Level 8
Due to changes in circumstances and in time, the laws in the state of Florida and New York differ. I would strongly encourage you to have a Florida attorney review it and your associated estate planning documents to make sure that it still follows your wishes and is up to date as well.

Good luck with it!

Michael J. Faehner, J.D., LL.M. (Tax), Esq.
Fisher & Sauls, P.A.
100 Second Avenue South, Ste. 701
St. Petersburg, FL 33701
727-822-2033

mfaehner@fishersauls.com

Reputation Level 10
I would agree with the previous comments that the NY will is valid in Florida if valid in NY. I would add that NY does not have the same process of proving up the will as Florida does, so when probated in Florida, you will likely have to find the original witnesses which can be costly and cause delay. Have mom see an attorney to review, it will be worthwhile.
Lance www.omplaw.com

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