Q: My mother is moving from Louisiana to Texas. She has a simple Louisiana will. Does she need a new will?
Mom will be living in her own trailer on my sister's property. I live in Michigan and am appointed Executrix in the will. Is an ou of state Executor acceptable in Texas?
A:
Great question! Technically yes, Texas courts are supposed to apply other states laws in this situation. In practice, this is very difficult because Louisiana has a different legal system than Texas, and wills unfortunately don't travel well across state lines.
For example, in Texas, the default rule is for a judge to heavily oversee the probate of an estate, which is expensive and time consuming, so most Texas attorneys waive this requirement to save their clients time and money. Since Louisiana has a different default, that will probably does not waive the requirement.
So, despite the fact that it will still go to the beneficiaries named in the Louisiana will, it would probably cost much more time and money when you have to take it to the probate court since the default rules won't be waived. If you'd like more details feel free to give me a call, I would be happy to chat further!
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