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.
A: 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.
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