Q: My wife and I made out a will with a lawyer 35 years ago in Iowa. We now live in Kansas. Is it binding in Kansas?
The lawyers office has signed & notarized originals, and we still have our copies.
Kansas allows for the probate of wills executed outside the state. K.S.A 59-609 provides that a will executed outside the state in the manner prescribed for Kansas wills, or by the law of the place of it was signed, or by the law of the place testator's residence either at the time of its execution or of the testator's death, shall be deemed to be legally executed, and shall have the same force and effect as if executed in Kansas, provided the will is in writing and subscribed (signed at the end) by the testator.
The original will is very important. The original will must be filed with the court. If the will cannot be located, there is a presumption that you destroyed the will. The presumption may be overcome by evidence, but that is a risk. Make sure your alternate executors or other reliable persons know where the wills may be located when the time comes.
1 user found this answer helpful
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.