Q: I have a will do I need to update it since my childenern are now over the age of 21?
The will was made in the state of GA and we have since moved to FL. It was notarized and signed by 2 witness in GA.
There is a clause in the will that states after my kids are over the age of 21 there is not a need for a custodial.
A: Inapplicable clauses will generally be ignored and not applied based on what the rest of the Will and Estate plan specifically states. While a Will from another state is a legally enforceable document and usually accepted, there are various things in an estate plan that could cause issues under Florida Law. Issues related to spousal rights, Homestead Protection, issues related to Power of Attorney, Florida Healthcare Surrogate and so forth may need to be reviewed and updated based on Florida Law. As far as the Will, you could easily enough make updates and changes that are minor with a Codicil.
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