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

New York, NY |

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

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Attorney answers 3


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.

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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

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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.