Will

[belltower]

What is the name of your state? Arizona

We are now residents of Arizona. Our will was made in New York State. I was told that a will made in New York state will not be recognized if one of us dies(married couple) in Arizona. We were told that our assets should be put into a trust otherwise, the surviving spouse will only inherit 50% of the assets the other 50% goes to the children.
1. Is our NYS will recognized in Arizona as legal?
2. Is it necessary to put our assets into a trust so the surviving spouse inherits all the assets?

 

[I AM ALWAYS LIABLE]

What is the name of your state? Arizona

We are now residents of Arizona. Our will was made in New York State. I was told that a will made in New York state will not be recognized if one of us dies(married couple) in Arizona. We were told that our assets should be put into a trust otherwise, the surviving spouse will only inherit 50% of the assets the other 50% goes to the children.
1. Is our NYS will recognized in Arizona as legal?
2. Is it necessary to put our assets into a trust so the surviving spouse inherits all the assets?

My response:

Who the hell told you this absolute bullcrap?

IAAL

 

[JETX]

"Is our NYS will recognized in Arizona as legal?"
*** As long as it was a legally valid will in NY, yes.

"Is it necessary to put our assets into a trust so the surviving spouse inherits all the assets?"
*** That will depend on the relations of survivors and the 'style' of any deeds or titles. For example, if the deeds/titles to all property is in JTROS (Joint Tenant, Right of Survivor), then that title should transfer 100% on the death of one owner.

Also, in the event that your NY will were not valid in Arizona, the state intestate distribution is:
* If there is no surviving issue (i.e., children) or if all of decedent's surviving issue are also issue of the surviving spouse, the surviving spouse is entitled to the entire intestate estate.
* If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate separate property and no interest in the one-half of the community property that belonged to the decedent.

Finally, due to tax considerations and changing lifestyles, it is a good idea to have your will reviewed periodically to make sure that it/they are current with the latest laws and tax policies. Moving to a new state (with their different laws) is a good time to justify having the will(s) reviewed.

 

[belltower]

Thanks