Do you know anything about wills?

[babylonsister]

I have an old dad (80) and his honey is a bit older. They have their wills filed in one state, but frequent two others.

Will their sole will accommodate them when they need it regardless of what state it was filed in, or do they need to make further wills in each state?

I have no idea, but think one should handle it, if we can find it when the time comes.

Do different rules apply to different states? I was asked this question today and asked to find an answer on the internets. So I am!

Thanks for any answers.

[Tangerine LaBamba]

1. Filed?

I don't know what "filed in one state" means. Do you mean they executed their wills while they were domiciled in that state?

And your comment that they "frequent" two others is odd, since you can only be legally domiciled - that is, be a legal resident - of one state at a time.

I'd say you should contact a lawyer and get the information you want.

[babylonsister]

9. Sigh. Bye. nt

[Tangerine LaBamba]

33. Really

Before you can ask an intelligent question, you should master the language.

Why don't you just ask your dad to give you whatever you think you have coming? That would solve all your problems, wouldn't it?

[babylonsister]

35. FYI, this has nothing to do with me,

I'm asking the question for them, and you are obnoxious. Why I took you off 'ignore' is beyond me, but you're back there, and now I know why.

[eyesroll]

2. They only need one will. In fact, they only *should* have one will.

Multiple valid wills, even identical ones, is just asking for trouble.

[Tangerine LaBamba]

5. One will?

I take it the term used - "his honey" - means they're not married.

One will for two single people?

I don't think so.

[babylonsister]

6. One will in one state for each of them vs. one combined. Read please. nt

[Tangerine LaBamba]

10. Read carefully

That's not what the post said.

This is what happens when amateurs try to practice law on a message board.

The best advice is to hire a lawyer and ask the questions of him or her.

[eyesroll]

17. The post wasn't even asking if they should have a joint will.

I answered the question asked. Perhaps I was not as precise as I should have been. Perhaps Mr/Ms. LaBamba is a law professor, champing at the bit for school to start so s/he can play Socratic Gotchya with real-life students instead of anonymous ones on the Internet.

(Disclaimer, in case you have signatures turned off: I am not a lawyer yet. Even if I was, this isn't legal advice. If you take "legal advice" from some anonymous yahoo on the Internet, you get what you deserve.)

[eyesroll]

14. I meant one valid will, per person. n/t

[Tangerine LaBamba]

15. Ahhhhhhhh

Single people should always have their own wills.

Thanks for the clarification.

[uppityperson]

18. So married people shouldn't have their own wills?

I guess this is what happens when amateurs try to practice law on a message board.

[Tangerine LaBamba]

31. Very often,

especially with older married couples, they are greatly comforted by the idea of a joint will, especially if their dispositive wishes are identical. It also saves them money.

Consider yourself enlightened.

[eyesroll]

20. In most cases, married people should have their own wills, too.

Or, at least, so say both my Trusts and Estates prof and one of my bosses (who handles the estate planning clients for the firm).

Mutual identical wills are fine, according to both. I haven't done any estate planning stuff, so I'll take their word (for what it's worth) and pass it along.

[uppityperson]

26. how the heck did we do that?

post the same thing at the same time? Wild, even if mine was mean facetiously and your sounds seriously. Still. Great minds?

[Tangerine LaBamba]

32. Ideally, yes, they should

But, as I posed above, older couples are often more amenable to the idea of a joint will.

Estates and Trusts - that's a course that really is fun.

[Gabi Hayes]

3. the will gets probated in the state of residence

at time of death. that's in Illinois, and I'll guess most other places

you might want to see if you can get him to change it to a trust, or some other way to keep it out of probate

save yourself some time and money

[SoCalDem]

4. They state they list on their tax forms, as their "address" is the only will they should have

More than one will creates legal nightmares..and why will usually declare, early on, that "this will overrides & supercedes any other will"..
It's a good idea for everyone named IN the will to have their own copy BEFORE the person passes on.. that way grown kids all know who gets what, and has time to come to terms with Mom or Dad's wishes...without having suspicion that a sibling "got to them"..

Take this from someone who knows.. I have not spoken to my brother since 1992 and my sister since 2002 over wills and the consequences.. It's no biggie to me, but you may feel the need to keep family "together"..

[babylonsister]

7. That's excellent advice, SCD, and from you, I'll send it on. Thanks. nt

[mitchtv]

8. another bit of advice from our long time insurance man

"Keep the in-laws out of the affair" Mother had little tags stuck on the bottom of things with our names on them.Certain in laws wanted to switch tags.

[treestar]

11. Most states recognize wills executed in other states

There is ancillary probate if there is property in more than one state.

Read the laws of all the states, since you're not willing to consult a lawyer. Anyone can represent themselves. The problem is they have to make the effort to read the law.

Read the case law of the states involved. If they have property in all of those states, that will be necessary for an understanding of how it will all shake out.

[babylonsister]

21. It's not that no one is willing to consult a lawyer; my question involved

asking what the rules are. There is property involved in two states for my dad's friend, so thanks for mentioning ancillary probate; I have no clue what that is, but I'll look it up.

[treestar]

37. A lawyer is trained to know what the rules are

Each state has its own rules, and its own interpretation of how it will treat wills executed in another state - though at present, it is pretty likely that so long as the will is properly executed in the state it is executed in, it will be recognized by the other states - but some states still allow things like handwritten or holographic wills or even oral wills. Other states may not recognize those.

[sicksicksick_N_tired]

12. As far as I know, if properly executed, the most recent will rules their estate.

I don't think it matters where it's executed and filing isn't necessary until death.

Upon death, the most recent will should be filed in the deceased's resident county/state.

That's all I know.

On edit: I hope it's not too obvious that EACH person executes a will,...there's no such thing as a "joint" will. But,...just in case,...I thought I'd clarify that basic.

[MercutioATC]

13. Simple answer:

A will is executed in the decedent's stated state of residence.

They each need a will.

It needs to be filed in the state in which they each declare their residence.

They should each have only one will.

[TexasObserver]

16. Each state has its own laws of Wills and Estates.

A will should be made for the state in which the person has their permanent residence, and likely, the bulk of their assets. The will should list the jurisdiction (the state) whose laws the will's testator (the signer of the will) the testator wishes to have control their estate. The will should clearly identify the person or entity designated as "executor," it should clearly address the natural heirs of the testator (by mentioning by name all children, for example, and if one or more of them are being left nothing, the testator should state that such heir or heirs at law were purposely not left anything under the will).

The will should have a self proving affidavit, which typically requires the notarized, sworn signatures of at least two persons who are not beneficiaries under the will. It should be dated. It should state that multiple originals are made, and that the new will replaces all prior wills (although that is true as a matter of law).

The executed will should be given to anyone who may need the original or a copy of the will, including the person designated executor, unless you have an attorney for that purpose.

Wills are not my area, so I'm simply giving you some basic guidelines. If this is not a big estate, I would not want to invest a lot of time and money into the planning of how to deal with it. If it's big, then you really need to have a quality Wills & Estates/Probate Specialist Attorney look at it, and structure the thing.

One final thing: a person can have ONLY ONE valid will at any point in time. They cannot have multiple wills for multiple states. That is pure folly and a huge mistake. The LAST will (which meets other requirements of being a will) signed while having testamentary capacity and which is not due to undue influence is the ONLY will that is valid. By creating many wills, they are making the situation worse, not better.

[Manifestor_of_Light]

29. Good advice.

Last will signed while still having testamentary capacity is the ONLY will that is valid.

You execute one will, then later execute another one while you have been diagnosed with Alzheimer's for example, or other form of dementia.

In this case the first will is valid, not the second one, due to lack of testamentary capacity. If the person does not lose their testamentary capacity, or sound mind, then the last one is valid.

If they want to cut certain people out and give them nothing, they should give them $10 and put in a contest clause. That clause says that any beneficiary that contests the will, they get nothing.


There are a whole lot of requirements and the testator and testatrix should get a lawyer to make sure all the requirements are met for a valid will. Multiple wills are not necessary. They need ONE will executed in their state of residence.

If they have lots of different kinds of real estate, they might want to have a real estate lawyer prepare it.

I used a board certified real estate lawyer to do my mother's probate, because there were several different kinds of property in the estate.

[TexasObserver]

30. It's not my field, but I did litigate one huge will contest.

One of my partners was a Wills & Estates/Probate guy, so he was my resource on substantive law and guided me through all the substantive law points. I first chaired the lawsuit, which involved a large estate left by a little old lady who had no children, but a number of other relatives. In that last three years of her life, she was passed around from relative to relative, living with each one a few months to 8-9 months. She had SIX wills in three years.

Each new "home" for her took her to get a new will, with an attorney they arranged, and naturally, she gave the bulk of her estate to whoever she was staying with.

She could have afforded a decent elder care facility, but she was NCM.

I got called in as a trial lawyer to litigate for the heirs at law who were not part of the group that tried to grab her estate, which means we had to bust out all six wills. When it looked like we would be successful, they all settled at mediation.

It was a fun case. I've been involved in some other will issues that looked like they might go to litigation, but didn't. People are their ugliest when fighting over a dead relative's stuff.

[babylonsister]

39. Thanks, TX Observer!

I forwarded your response to her and do appreciate you taking the time to explain that.

[Breeze54]

19. The last documented will stands.

That's what happened with my Dad's will.

He didn't update it for 8 years, on bad advice, and then he died.

He had 2 wills. That last one stood.

Get it updated, if that's the issue and post # 1 was not wrong!

PS: (on edit) Be prepared for Probate Court to take some time too.

It took almost 3 years for my Dad's assets to be released to us from the probate court.

[begin_within]

25. Last Will Standing

[flvegan]

22. They only need the one Will.

However, if they have property in multiple states, that Will and subsequent Probate may need to be opened and recorded in those county/state jurisdictions.

[babylonsister]

23. Thanks. That could be the problem. Two properties in different states.

The girlfriend has them, not Dad. How to handle that?

[flvegan]

27. Well, now you're talking title law.

(you're in luck, that's what I do)

The issue is, who has vested fee-simple title to what properties in what states. If the dad isn't in title, it's likely going to be a potential equitable or homestead interest. What's the intended outcome for these properties?

[babylonsister]

28. Dad's girlfriend owns all the properties.

FL and NY. His in NC was sold. But from them, what I'm hearing is that's where their will is. Time to change, and thanks for your help.

[babylonsister]

34. I'm assuming she's leaving her properties to her son, but

don't know that for a fact.
She owns a home in NY and a condo in FL, and I think her will was filed in NC, where they used to live. Dad has no claim to any of this AFAIK.
She asked the question. Will her NC will cover her assets in other states?

[elehhhhna]

38. As long as the will is valid it can cover all named property, even offshore.

[begin_within]

24. A living trust is better than a will, especially if they have a lot of assets.

[KharmaTrain]

36. Owning A House Is Reason Enough

I wholeheartly agree in setting up a living trust...we did that for my mother-in-law several years ago to ensure she'd always have the house she's lived in for over 50 years.

My suggestion also is to speak with an estate attorney who can cut through a lot of the red tape and financial mumbo-jumbo.