Is my mother's Power of Attorney and Will valid if she moved to another state?
Full Question:
Answer:
Laws for wills vary by state. Florida statutes allow an out-of-state will or power of attorney to be recognized, as long as they comply with the laws of Florida. It is recommended that a person's will and power of attorney comply with the laws of the state where he/she is located.
Generally, a power of attorney that is valid when you sign it will remain valid even if you change your state of residence. Although it should not be necessary to sign a new power of attorney or will merely because you have moved to a new state, it is a good idea to take the opportunity to update your will and power of attorney.
The forms offered by USLegallforms are specifically tailored to comply with the laws of each state. You may prepare a written revocation of the Michigan will or power of attorney using one of the forms offered by USlegalforms.
The following is a portion of a Florida statute:
(2) Any will, other than a holographic or nuncupative will, executed by a nonresident of Florida, either before or after this law takes effect, is valid as a will in this state if valid under the laws of the state or country where the will was executed. A will in the testator's handwriting that has been executed in accordance with subsection (1) shall not be considered a holographic will.
