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moonlite · May 18, 2009, 06:08 AM

A few days ago some wonderful people on this forum educated me as to the limitations of a POA. Now I'd like to know your opinions regarding a person's Last Will and Testament. This elderly person has most of his estate in a different state. I am in Florida. He wants to fly here and prepare his Will here because he does not trust the people around him where he lives. My question: if this is prepared the right way at a lawyers's office and then notarized, it should be good no matter where this person's estate is ? Or, do you suggest that I fly to his state and have this Will prepared where he lives ? Which document would be stronger against possible challenge when this person passes , one that is prepared in his own state or mine ? Thanks again for your time and valuable advice.

JudyKayTee · May 18, 2009, 08:07 AM

I see this to be the danger - an Attorney in your State very well may not be familiar with the laws of the other State. I've seen Wills prepared out of State, of course, but I don't know that anyone advises the practice.

My other concern is that - and this is assuming you stand to inherit - in either circumstance if there is a Will content you will have to prove you did use undue influence.

Is there no Attorney trusts and can consult with by himself?

moonlite · May 18, 2009, 08:48 AM

I don't understand. What you are saying is that I will be considered guilty until proven innocent? Can't this go the other way also by saying that whoever challenges this person Will must prove that this person was influenced, and how can they prove that ? Please remember: I am not saying that this person will give me everything he owns. But he does intend to give me a bit more than everybody else because I helped him all his life.

JudyKayTee · May 18, 2009, 08:52 AM

I am telling you that every day people challenge Wills with little or no proof. I never said you were guilty or would be considered guilty. You are confusing estate and criminal law.

I am saying that the other heirs could challenge the Will based on undue influence. They would then have to prove the influence. If the testator flies to YOUR City to have the Will prepared I see a legal argument. Their proof would be that you were instrumental in the preparation of the Will which benefited you. Will they win? I have no idea.

Personal experience - friend of mine died; had rewritten Will; the person who DROVE her to the Attorney received a large bequest. The other heirs contested. Took 3-1/2 years and a ton of legal expenses to settle.

So save yourself the trouble of explaining later by protecting yourself now - or don't, as you see fit.

If this is related to the P/A I see problems unless this is handled carefully: https://www.askmehelpdesk.com/other-...ey-354761.html.

Fr_Chuck · May 18, 2009, 08:56 AM

A properly done will done to the rules of the state of residence is valid anywhere.

Many don't require being notorised, that is merely a formal method of witness but never bad.

The issue is that it would be best in my opinon to have it drawn up in his state of residence by an attorney licensed to practice in that state.
That leaves nothing to challenge on the attorneys right to practice law in that state ( doing a will that he knows will be used in another state)

ScottGem · May 18, 2009, 08:58 AM

I agree with Judy, especially to the point that, if you will be a beneficiary of the will, you should have NO part whatsoever in preparing the will. Whatever this person decides about preparing the will, you should remain out of it. You can advise him to prepare his will locally so that the attorney preparing the will does so according to local laws. But then you back off. The only thing you need to know about the will is the name of that attorney that prepared it so you know where a copy is. That's all. The more you have to do with preparing this will, the more contestable it will be.

AK lawyer · May 18, 2009, 09:16 AM

Originally Posted by Fr_Chuck

A properly done will done to the rules of the state of residence is valid anywhere.

Many dont require being notorised, that is merely a formal method of witness but never bad.

The issue is that it would be best in my opinon to have it drawn up in his state of residence by an attorney licensed to practice in that state.
That leaves nothing to challege on the attorneys right to practice law in that state ( doing a will that he knows will be used in another state)

Agreed. He should get the will prepared in the state in which he resides.

Flying somewhere for the sole purpose of getting a will done makes absolutely no sense to me. In fact splurging money like that would be a clue that the testator might not be in his right mind.