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Weston Trey Merck

Weston Merck’s Answers

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  • Do my husband and I need to rewrite our wills and power of attorney having moved to SC from NJ?

    We are in our 60's, both retired. We have a home and some investments.

    Weston’s Answer

    Wills are not invalid simply because you move, however states have different formal requirements for their execution. For example, In South Carolina, you have to have 2 witnesses to the signing of the will. If a person moves to another state and passes away before he/she executes a new will, as long as the formal requirements are met, it is likely that the will can still be used in probate. A power of attorney really needs to be recorded in the state in which the person currently lives.

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