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?
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!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.