Other Common Estate Planning QuestionsQ. I've moved to Texas from Florida, where I had a simple will drawn with my daughter as the only beneficiary. Do I need to get a new will made in Texas?A. Yes, you should prepare a new Texas will. While it is true that Texas recognizes the validity of a will executed in Florida, your daughter will have an easier time probating your will if you have a new one prepared using correct Texas language. For instance, there is almost no chance your Florida will names your daughter to serve as the "independent executor" of your estate. In fact, she is probably called your "personal representative" which is the lingo used in Florida. Being an independent executor means she will not be supervised by the court, the preferable way to administer an estate. If you don't state in your will that your daughter will be your independent executor, she can still make a special request to the judge after your death asking that she be allowed to act independently, but there is no guarantee that her request will be approved. Also, the end of your will should have what is called a "self-proving affidavit" which is a long statement discussing the signing ceremony. Texas has its own unique form of "self-proving affidavit" and it is different from the one used in Florida. It is possible that the judge will refuse to recognize Florida's "self-proving affidavit" thereby causing your daughter unnecessary delays and expenses.  |
