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Is Your New Jersey Will Still Valid if You Move to Another State?

Posted by Anthony Serra | Aug 28, 2024 | 0 Comments

Relocating to a new state can raise important questions about the validity of your existing legal documents, including your will. If you have a New Jersey will and move to another state, it's crucial to understand how this may impact the enforceability of your estate plan.

Validity Across State Lines

Generally, wills executed in one state are recognized in another, provided they comply with the legal requirements of the state where they were originally created. This means that your properly executed New Jersey will should still be valid when you move to a different state. However, states have varying laws regarding wills, such as witness requirements and how assets are distributed, which could affect how your will is interpreted or enforced.

State-Specific Considerations

While your New Jersey will may remain valid, it's wise to review it in light of the laws in your new state. For instance, different states have unique rules regarding spousal inheritance, community property, and tax implications that could impact your estate. Additionally, some states have specific forms for wills or may offer different provisions for guardianship, which might necessitate updates to your existing document.

Updating Your Estate Plan

To ensure your will reflects your current circumstances and adheres to the laws of your new state, consider consulting with an estate planning attorney in your new location. This review can help avoid potential legal challenges and ensure that your wishes are fully honored.

Conclusion

While your New Jersey will is likely still valid after moving to another state, reviewing and possibly updating it can provide peace of mind and prevent future complications.

About the Author

Anthony Serra

Tony Serra is a passionate advocate, especially for the elderly, disabled and those of modest means who need the services of an experienced and caring attorney. For more than 30 years, Tony has been helping common, everyday folks navigate their way through life's turbulent waters. Through innovation and utilizing modern technology, Tony and his law firm are now able to offer quality legal services that at one time were prohibitively expensive, at a fraction of the cost. If you need basic legal services, such as a Will, Power of Attorney, Living Will, Special Needs Trust, real estate transactions, uncontested guardianship pleadings and much more, please visit our website and our SMART LAW legal services platform. You will be pleasantly surprised by what we offer and glad you did! Tony is also an experienced mediator and founder of the Conflict Resolution Center of NJ. Tony has specific training in family matters as well as elder law and contested guardianship and estate cases.  

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