Londonderry, NH asked in Estate Planning for New Hampshire

Q: Will question : if a will is drawn up in one state and then the person lives in another state us will valid ?

Mother moved to another state for last 12 years of her life , is the will valid in the second state ?

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1 Lawyer Answer
Nina Whitehurst
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  • Estate Planning Lawyer
  • Crossville, TN

A: Most states do honor a will drawn up in another state as long as the will was validly created in the other state according to the laws of the other state as the time the will was executed. However, that creates a problem of proof in the new state. When it comes to probating the foreign will, the family will need to introduce evidence to prove that the will was validly created in the other state. Much easier to do a new will in the new state and then that evidentiary problem (proving foreign law and compliance) is avoided.

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