I Moved to Louisiana And Have A Will Executed in Another State. Should I Get A New Will Done in Louisiana?

It is common for people to move to different states. Potential clients come to my office asking if it is necessary to execute a new will in Louisiana. The answer to the question is somewhat complex.

The legal answer is that the law does not require that you have a Louisiana will. The will of another state can be probated and recognized by a Louisiana Court. There is a special procedure under Louisiana law that allows heirs and legatees to have these out of state wills recognized legally.

The problem with out of state wills is that they are drafted according the laws of that other state. Louisiana law can be very different from other states. Terminology can be very different state to state. Also, certain legal concepts may exist in one and may either be very different or not exist in another.

Although Louisiana courts will attempt to comply with the wishes of the decedent in their out of state will, they still may be unable to implement the directions due to the difference in the law. Sometimes, it may be difficult to implement the intent because there is no such legal concept under Louisiana law.

It is advisable that you have your out of state will examined by a Louisiana attorney to determine whether you need to have a Louisiana will drafted and executed to make sure your intentions are recognized and implemented.

If you have any questions concerning wills, you should contact an experienced estate planning attorney.

 

Kent S. DeJean

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