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Law Educator, Esq.
Law Educator, Esq., Abogado
Categoría: USA Ley en Español
Clientes satisfechos: 116818
Experiencia:  El abogado autorizado de los E.E.U.U. calificó en todas las áreas de la ley.
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An elderly person is a resident of New Jersey. She makes

Pregunta del cliente:

An elderly person is a resident of New Jersey.
She makes a Will and Trust which includes her only property; which is also in the State of New Jersey. She had an earlier Will dated 2004.
She visits one of her daughters for only 2 months in Arizona in Oct. 2011 and decides to change her original Will and Trust.
The new Will says that she is of Phoenix, Arizona and has the address of her daughter.
It also says that the Will and Trust shall be govern by the State of Arizona.
She comes back to New Jersey and passes away 2 years later on Dec. 1st 2013.
Is that new Will and Trust valid ?
Can it be probated in Arizona ?
My sister says that the Attorney my mother used in Arizona told her that the Will and Trust are not valid. Is this true? I did not think that you have to have the State where you made the Will governing the Will and Trust.
How can an Attorney execute a Will and Trust that are not valid ?
Enviada: hace 3 año.
Categoría: USA Ley en Español
Experto:  Law Educator, Esq. escribió hace 3 año.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The elderly person had to be a resident of the state where the will and trust was executed in order to be valid, that is the first thing. Secondly, if the real estate was in NJ, then NJ law must govern all real estate that is located in NJ.

Since your mom did not die in Arizona, the will has to be probated in NJ, which is where she was a resident at the time of her death.

I do not know why the attorney who executed the new will and trust did so, unless he was not told she was not domiciled Arizona at the time he made it. Domiciled is different from staying in a state for a short time as domicile is the place where you call home and always intended to return (primary place you reside).

The second will is likely going to be open to challenge and will likely be invalidated and the previous will and trust reinstated based on the fact she was not domiciled in Arizona when it was executed (even if domicile is found in Arizona, the NJ property still has to be governed by NJ law).



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