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Does Moving to a Different State Affect a Will?

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Estate planning is an important step to protecting yourself and your loved ones. Without a will, the distribution of your assets will be left up to the state where you reside at the time of your death (intestate succession), which may not align with your wishes.

But what happens if you execute a will in one state and move to another? Is your will still valid and administered according to your wishes?

Yes, Your Out of State Will is Likely Still Valid in Virginia

Generally speaking, a will executed out of state and admitted to probate in Virginia is still valid. However, the laws of your former state may be different than Virginia’s and this may have a significant impact on how you should conduct your estate planning.

For example, the laws of your former state may be different in how marital property is treated, how state taxes will affect your estate and whether holographic wills are valid, and the probate process itself may be different.

For this reason, it is highly recommended that you consult with an estate planning attorney if you have recently moved to Virginia from out of state.

Seeking Trusted Will Contest Attorneys in Harrisonburg, Virginia

If you are considering contesting a will, the attorneys at Obenshain Law Group can assist you. We have experience handling will contests and other probate matters and can help you navigate the legal process. We will work with you to review the terms of the will and gather evidence to support your case.

To start the process of contesting a will, contact us today at (540) 318-7360 to schedule a free consultation.

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