Bradenton, FL asked in Estate Planning for Florida

Q: I have a will done in Georgia I now live in Florida do I need will now?

Professionally done by probate Attys includes notarized affidavit two witnesses

All done legally but all done in GA.

Now Live in Florida. Beneficiaries live in GA and AL. ( Two adult children)

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2 Lawyer Answers
Seril L Grossfeld
Seril L Grossfeld
Answered
  • Estate Planning Lawyer
  • Fort Lauderdale, FL

A: If the will done in Georgia meets the requirements of will in Florida it still can be admitted to probate in Florida. As a precaution you should have the will reviewed by an attorney in Florida familiar with preparing wills since probate laws differ from state to state, to make sure the intentions under Georgia law will be the same under Florida law, and to make sure the language in the notarized acknowledgement will be sufficient to allow the will to be self proving under Florida law. As a general rule it is always a good idea to review your will and determine if it needs updating at least every 5 or so years.

Phillip William Gunthert
Phillip William Gunthert
Answered
  • Estate Planning Lawyer
  • Orlando, FL
  • Licensed in Florida

A: Based on the U.S. Constitution "Full Faith and Credit Clause", A validly created Will in one state is usually accepted and recognized in another state with certain limitations. If it has been a while since you created the Will it is likely that you should have it reviewed and updated and it is likely a good idea to have it reviewed when you move to a new state, that said, Florida will generally/usually accept it if it was valid in your state of drafting. Issues that do arise in Florida usually are related to the other estate planning documents that should be updated and include Durable Power of Attorney, Florida Healthcare Surrogate, Living Will, HIPAA Waiver and some others.

Nina Whitehurst agrees with this answer

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