Regarding last will and testament

My will was drawn up in Florida and I now reside in PA. Is the will legal here? Thank you.

Coatesville, PA -

Attorney Answers (3)

Stephen J. O'Brien

Stephen J. O'Brien

Estate Planning Attorney - Pittsburgh, PA
Answered

If your Will was valid in Florida at the time you executed it then it will be valid here. You should check to make sure it has an affidavit attached to it, that allows the Will to be probated without the witnesses coming in to attest to your signature at the time the Will is probated. If it does not have an affidavit attached then you should talk to a local lawyer to execute a self-proving affidavit for your Will.

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Edward Joseph Smeltzer II

Edward Joseph Smeltzer II

Wills and Living Wills Lawyer - East Brunswick, NJ
Answered

While a validly executed Florida Will is valid in PA I would strongly urge you to prepare a new Will with a PA attorney. PA has different tax laws (particulary the PA Inheritance Tax) than Florida and you may be well advised to havea PA attorney explain this tax to you and the impact it will have on your dispositive plans.

Additionally any comprehensive estate plan would include a Power of Attorney and a Living Will / Health Care Directive. While your FL situs documents (assuming they were done with your Will) would still be valid I always find it better to have documents designed for your home state as this will lead to fewer issues in getting third parites such a banks and hospitals to honor such documents.

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.

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Steven J. Fromm

Steven J. Fromm

Estate Planning Attorney - Philadelphia, PA
Answered

As the prior attorneys' answers indicate, it is always prudent to update your wills, trusts and other estate planning documents when you move to a new state. For example, some hospitals or nursing homes can be quite detail oriented so they may have a problem with your Florida durable power of attorney or living will. In fact, Pa has certain requirements for such documents.

Also, unless you have an estate of over $3,500,000 (the current federal exemption), the focus should be on minimizing PA inheritance taxes.

Hope this helps.

LEGAL DISCLAIMER
Mr. Fromm is licensed to practice law in PA and has offices in Philadelphia and Fort Washington, Pa. He can be reached at 215-735-2336. The response herein is not legal advice and does not create an attorney/ client relationship. The response is only in the form of legal education and is intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.
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.
Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

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