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My existing Will prepared and signed in Maryland, where I lived, will it stand up legally since I have moved/homesteaded in FL?

Mount Dora, FL |

Lived in MD for 28 years. Moved to FL, bought home and have homesteaded property. Will the MD Will legally stand up in FL or should I acquire a new will?

Attorney Answers 5

Posted

Yes. As long as the Will was valid in the jurisdiction in which it was created (Maryland), then it would be valid here in Florida. Other exceptions may apply, but that is the broad and general rule. Having said that, if you intend to update or revise your Will, it would be wise to make it a Florida document. Hope this helps!

marcos@martinezanda.com Office tel: (561)245-4723 Website: www.martinezanda.com. The answer provided does not create an attorney-client relationship, nor is the answer provided intended to be relied upon as legal advice. The information provided by the questioner is insufficient to serve as the basis for meaningful legal analysis. It is the questioner's responsibility to seek legal advice from an attorney who has had the opportunity to familiarize herself with the full details of the questioner's case. By providing these answers, I am not obligated to respond to any subsequent communication from the questioner. If the questioner would like me to serve as their legal counsel and render legal advice, they will have to sign a retainer agreement. The questioner is free to contact my office for a complimentary 30 minute consultation.

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Posted

Possibly, but I strongly recommend that you consult with a Florida attorney regarding the advisability of updating your will and powers of attorney, etc. Most likely he or she will advise you to have Florida documents prepare.

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Posted

If you Will was valid in Maryland it would be valid in Florida. However, every states laws are very different and I would suggest that you consult with an Attorney in FL related to updating your prior Will.

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Posted

I agree the responses, but wish to emphasis that a will being valid to be entered into probate does not mean the terms comply with Florida law. We have some unique laws in Florida when it comes to homestead real estate, spouses rights, and that of minor children. Have an attorney review the will and consider having it updated.

The response given is general in nature and based upon limited information. It does not and cannot replace that of a proper consultation with a qualified attorney. You should not act upon this Information alone, but should seek legal counsel prior to taking any action.

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Posted

While a valid will of another state will be valid in Florida, certain provisions of the will might be struck as contrary to Florida law. The easiest, sure-fire way to eliminate uncertainty would simply be to have an attorney look over the will and, most likely, make a new one that conforms to Florida's specific requirements. Working from the original will, an attorney could make sure the devises and the intent of the will are maintained, advise you of any sections that would not be valid in Florida, and update the formalities and identifying local information.

This is the best option, especially since you have homesteaded in Florida and therefore new property will be included in the estate which was not part of the original will.

I provide a free estate planning consultation and would be happy to meet with you and discuss this matter in more detail. Of course, feel free to contact me with any questions you may have. You can find my contact information on my profile by clicking on my name above.

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