A question often arises when I prepare a will for a client and they are contemplating a change of address. Whether that moves takes them to the next town, next county, or another state, the question of will revision comes into play.
The simple answer is that if you were a New York resident and you are moving but staying within New York State, a change to your Will is not necessary. That assumes that would be the only reason you want to change your will as opposed to say, a change in life circumstances. If you are moving to another state, it is often a wise idea to have a new will drafted that comports to the estate law of that state. The reason is that the formalities for due and proper execution in New York may or may not be the same in your new state, and you want to ensure that your wishes contained in your will shall be valid so you don’t run into the issue of having a will declared invalid.
If you are not sure if your New York will is valid is another state, have an experienced estate lawyer in your new state review the contents of your New York will to make an informed decision. Often, the right move will be to create a new will in your new state.
If you need an experienced Long Island estate attorney, please contact us at the Law Offices of Michael W. Alpert at (516) 280-7288 or e-mail: malpert@alpertlegal.com