I live in Virginia and own property there but my family is in Florida. I want a will drafted while I am home for the holidays. My beneficiaries are all in Florida. Can I get it done in Florida or should I have my will drafted in Virginia? Does it even matter?
Dear Alexandria - IT is better that you have your will drafted where you live - Virginia. The beneficiaries can be anywhere, but Florida is not proper, since you do not live there. You can use AVVO's find a lawyer to find someone in your area.
When you pass away, your estate would be probated in the state that you reside. That being said it would be better and make more sense to have your Will drafted by an attorney licensed in Virginia to make sure that your Will corresponds in all ways to Virginia law in order to make the probate process as easy as possible.
A Will may not be the only estate planning tool you need though so I would advise that you sit down with an estate planning attorney in Virginia to discuss your estate and your goals as a whole to make sure your plan takes place as easily as possible for your beneficiaries.
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Better to have it drafted where you reside.
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If you are a resident of Virginia you should have your Will drafted in Virginia. Where you reside determines where your Will should be written. It does not matter where your beneficiaries live. Distributions can be made to them after you pass away through the Virginia probate process.
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