Does a will become invalid if the residence changes states? 7 Answers as of March 23, 2012

We have moved from Maryland to Florida and our daughter has gotten married and changed her name. Do we need to re-do the will to account for these changes?

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Law offices of Ron Webster | Ronald S. Webster
A will valid where executed is valid anywhere. However, as a practical matter it is wise to have a will executed in the state where you reside as there are usually slight nuances from state to state.
Answer Applies to: Florida
Replied: 3/23/2012
Apple Law Firm PLLC
Apple Law Firm PLLC | David Goldman
It will not become invalid because of a move, but you may want to see how Florida law will interpret what you have written in your Maryland will to make sure what you have specified will take place.
Answer Applies to: Florida
Replied: 3/21/2012
Law Office of Robert J. Slotkin | Robert J. Slotkin
No, the will is valid if it was properly executed in the State it originated from. However, you may want to consult an attorney anyway b/c some of your assumptions may be incorrect. For example, Florida has a unique homestead law. There may also be differences in exempt property, executor requirements, etc. Advance directives such as living wills, durable powers of attorney and health surrogates may also be different.
Answer Applies to: Florida
Replied: 3/20/2012
Richard J Kaplan, PA
Richard J Kaplan, PA | Richard J Kaplan
While recommended, it may not be necessarily required. The question is whether a Maryland Will complies with Florida law once the Testator/Testatrix becomes a Florida resident. Florida basically requires 2 witnesses and that the Will is signed at the end in front of everyone who signs the Will. If it does, it can be valid. If not, it won't. The Will does not have to be changed just because your daughter changed her name. But if you update your Will, it should be updated as well.
Answer Applies to: Florida
Replied: 3/20/2012
The Law Offices of Laurie E. Ohall, P.A.
The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
If the will was valid in the state it was executed, it's valid in Florida. That being said, you might want to update it if you have a major change (like who is the executor).
Answer Applies to: Florida
Replied: 3/20/2012
    The Law Offices of Aubrey Harry Ducker Jr. PLC | Aubrey Harry Ducker, Jr.
    No. If a will is valid in the state wherein it is created, it should be valid in the state wherein it is sought to be used. However, an update is Always a good idea.
    Answer Applies to: Florida
    Replied: 3/20/2012
    Francine R. Martin P.A.
    Francine R. Martin P.A. | Francine R. Martin
    Florida honors out-of-state Wills, as long as the Will was validly executed under the previous state's laws. You shouldn't have to re-do your Will just because of a name change, but it's never a bad idea to have all of your estate and incapacity planning documents reviewed when you move to a new state. Many estate-planning attorneys offer a free consultation for an estate plan review.
    Answer Applies to: Florida
    Replied: 3/20/2012
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