Cómo funciona JustAnswer:
  • Preguntar a un Experto
    Los expertos tienen muchos conocimientos valiosos y están dispuestos a ayudar en cualquier pregunta. Credenciales confirmadas por una empresa de verificación perteneciente a Fortune 500.
  • Obtener una respuesta profesional
    Por correo electrónico, mensaje de texto o notificación mientras espera en su sitio. Haga preguntas de seguimiento si lo necesita.
  • Garantía de satisfacción plena
    Garantizamos tu satisfacción.
Formule su propia pregunta a Law Educator...
Law Educator, Esq.
Law Educator, Esq., Abogado
Categoría: USA Ley en Español
Clientes satisfechos: 123248
Experiencia:  El abogado autorizado de los E.E.U.U. calificó en todas las áreas de la ley.
Escriba su pregunta sobre USA Ley en Español aquí...
Law Educator, Esq. está en línea ahora

An elderly person is a resident of New Jersey. She makes

Esta respuesta ha recibido una valoración:

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 ?
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).

I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org to find a local attorney to get actual legal advice in all matters.

Law Educator, Esq. y otros otros especialistas en USA Ley en Español están preparados para ayudarle