Q: If you live in Florida, can you write a will in New York?
My husband had a will drawn up in Florida (where we have lived since 2007) in 2012 leaving everything to me. He passed away last year. Now my stepsons are saying he had a will drawn up in New York in 2015 leaving everything to them. Is this possible? Does the 2015 New York will void the 2012 Florida will?
A: You can always void an earlier will by creating a new will and revoking the previous will. You may have rights as surviving spouse depending on his residence at time of death. Contact a lawyer where he died or where his residence was at time of death to discuss.
A: Sounds like you may have a will contest on your hands. You need to contact an attorney in the jurisdiction where the probate case is pending.
A: Yes, to answer the question, it is quite possible for a Florida resident to write a will in New York, which, as Mr. Tripp has indicated, could supersede the earlier will. If, however, he was a Florida resident at the time of his death, the 2015 will would have to be probated in Florida, under the laws of this state.
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