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residency requirement for will


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#1 aktony

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Posted 05 March 2010 - 05:41 AM

I have a country house in Pennsylvania and am a resident of New York.  The executors of my estate reside in Pennsylvania and I would like to draw up a separate will in Pennsylvania regarding my house in Pennsylvania.  I am told a will must be drawn up in the state in which I am a resident.  Is that correct?


#2 pg1067

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Posted 05 March 2010 - 06:35 AM

"The executors of my estate reside in Pennsylvania"


Since you (obviously) are still alive, you have neither an estate nor any executors.  You will not have an estate until you die, and you won't have any executors until a court appoints one or more.  I assume what you're saying is that you have a will that nominates as executors persons who live in PA.


"I would like to draw up a separate will in Pennsylvania regarding my house in Pennsylvania."


Aside from this not really making any sense, it's not at all clear why you would want to do this.  You can have multiple documents that might constitute a will, but you can't have a "separate will" regarding a particular piece of property.


"I am told a will must be drawn up in the state in which I am a resident.  Is that correct?"


No, it's not correct.  You can have your will drawn up in Antarctica if you want.  However, if you are a resident of NY at the time of your death, that's where your estate will be probated/administered, so you'll want to make sure that your will complies with NY law regarding the requirements for a will.  In particular, you will need to be aware of NY law regarding nonresidents serving as executors.  It is my understanding that NY does allow nonresidents to serve as executors but that there are special requirements for nonresident executors.



#3 aktony

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Posted 05 March 2010 - 08:45 AM

PG 1067, i appreciate your reply.  I lived in Alaska for 20 years and while residing there established a trust which into which I placed all my property except the house in Pennsylvania which I acquired recently.  Upon my return to NY, I consulted an attorney who advised me to leave the trust in Alaska.  The only property not covered in the trust is the country house in PA. 

If I am a resident of PA when I die, would a will drawn up in NY be probated in NY?  Again, thanks for your reply.


#4 harrylime

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Posted 05 March 2010 - 09:00 AM

"If I am a resident of PA when I die, would a will drawn up in NY be probated in NY?  Again, thanks for your reply."


No, probate would be initiated where you are a resident when you pass away.  If a will is valid under the laws of your state of residence when created, it will be accepted as vaild in the state in which you later establish residence.  Although, it is always good practice to at least have the will reviewed if oving to another state.



#5 aktony

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Posted 05 March 2010 - 09:20 AM

Harrylime, thank you for your response.





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