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Don’t assume that your out-of-state will is valid here in Florida

When you execute a will in one state, there may be concerns about whether it’s valid or legally binding in another state. Generally speaking, a will is considered valid in another state as long as it was properly executed per state law in the previous jurisdiction. There are some exceptions to this rule though.

The state of Florida doesn’t recognize nuncupative, or oral wills. These are generally spoken by the testator in front of two or more witnesses when they’re on their death bed. It’s likely for concerns regarding the testator’s state of mind to come into question in such instances.

Florida also doesn’t recognize holographic, or handwritten wills. Thus, if you draft one of these in another state and move here to Miami, then your old will wouldn’t be valid per Florida law.

A will may be valid if you move from one state to another but not necessarily in its entirety. Your personal representative here in Florida must either be related to you by blood or marriage or be a resident of the Sunshine State. If you executed your will in another state and then move to Florida, you may have to name a new executor that meets the above-referenced requirements. Your will won’t likely be considered valid here in Florida unless you do.

Laws vary by state, and sometimes subtle changes can make all the difference. If you’ve created a will in one state and have recently moved here to Florida, you may want to consult with an attorney that offers advanced estate planning that’s customized for you. Your Miami lawyer can make sure that your will is still valid here in Florida and help you make the necessary changes to it if it isn’t.



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