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    iamawinnertoo's Avatar
    iamawinnertoo Posts: 6, Reputation: 1
    New Member
    		  
    #1

    Oct 12, 2007, 10:32 PM
    Drawing up a will in one state, resident of a different state
    Hi everyone,

    I have a confusing question and hope someone can point me in the right direction before I have to contact an attorney.

    My residence is in the state of NC, but I have been in OH taking care of my 87yr old father since January, 2007.

    I do not have a will in the state of NC, but due to my own health problems and surgeries in OH since March, I need to have some sort of will drawn up for myself.

    My question is:

    Does anyone know if there is any legal document that can be drawn up that would serve as a will since I am not a resident of OH and do not want to become a resident as my home is in NC? If my father passes before me, I plan on getting his affairs in order and moving back to NC.

    I don't want to appear ignorant nor pay for an attorney, if there is no such document.

    Any assistance will be greatly appreciated.

    Thank you for your time and assistance.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
    		  
    #2

    Oct 14, 2007, 05:30 AM
    Hello I:

    No matter where a will is drawn up, it's good in all the states.

    excon
    ordinaryguy's Avatar
    ordinaryguy Posts: 1,790, Reputation: 596
    Ultra Member
    		  
    #3

    Oct 14, 2007, 06:09 AM
    Your will is a legal document that describes what you want to happen to your possessions and assets upon your death. It doesn't matter where the document is drawn up and signed. You don't need a lawyer to write one that's legally binding, as long as it's signed and witnessed.

    It DOES matter, maybe a lot, where your estate is handled in probate court. Whatever your will says, your estate will be processed (and, if necessary, litigated) according to the laws of the state and county where your estate is probated. What you may need a lawyer for is to help you avoid the pitfalls of having your estate probated in the "wrong" place, or in two different places.
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